An examination of the maps will show that the mainland coast was some distanee above 54° 40 at that point, and that in the intervening space were Wales Island, Pearse Island and several other smaller islands, ‘The signiticance of the expression ** 54> 40' or thereabouts” as the southern limit of the lease therefore. is that it was recognized that if the deseription was carried to the houndary at 54° 4° without qualification it would extend beyond the mainland and include these islands which would have conflicted with the other provisions of the lease, ‘The only escape from this conclusion would he in the assump- tion that the lease was not prepared with care and preeision, The character of the lease forbids such an assumption. however. and it appears upon the record that the reverse is true. Mr. Simpson, who negotiated the lease with Baron Wraneell, in writiny to hin in preparation for it says that it had been understood that the islands would be included within the leased area Dut on the nnderstunding that they were to be excluded he continues:
But such being the new state of affairs, it is necessary ta enter inte the minntest considerations and details . 2... inorder to guariitee that we shall be proteeted from all direct or indirect rivalry in treading in the leased territory.
The fact that eare wax tuken to describe the southern end of the leased territory so that it would not extend to the line of the bound- ary on the water at the entrance of Portlhind Channel, therefore indicates that it was done in order that there should be no question of it~ extending bevond the imainiind and inching the ishiuds wing between the mainland and the boundary at 54° 40’. This Was st mutiat recovnition that such islands above 44° 40° helonged to Russia and consequently that the Povthind Channel of the treaty was not limited to the channel wholly separated from d4- 40" and lying between the islinds and the mainland.
The translation of the lense as viven in the United States Connter Case Appendix. p. 6, differs from the translation in the British Case Appendix at p. 150. and omits the words ‘‘or thereabouts,” in con- nection with the reference to J4° 40". It is immaterial, however, which trushition is relied upon. for in either case the proof is com- plete on the point that there was a mutual recognition that the islands above 34 40° belonged to Russia, and consequently that the Portland Channel of the boundary was not above such islands.
«UU, 8, C. C. App., 4.
