Page:Alaskan boundary tribunal (IA alaskanboundaryt01unit).pdf/76

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66
ARGUMENT OF THE UNITED STATES.

was intended that it should not apply to the shores of such waters as penetrate farther to the interior than a boundary line, drawn froni headlund to headland. under the law of Nations tixing the jurisdiction of a country over territorial waters."

The lanyuaye of the treaty is: ;

Se tronverait a Ja distanve de plus de dix lieues marines de !Oecan,

The United States contends that the word **océan” as here used is syHonyinious with ** edte.”

Creat Britain says in its case:

Ht is clear that “Sette * and “ovéan' refer to the same thing, ©

Thus the controlling word is ‘ coast.” When that meaning as understood by the parties is fixed, the meaning of “ovean” by the claims of both parties becomes coincident with it. Its sinnosities must be conformed to hy the line.

THE NEANING OF THE WORD’ COTE” AS UNDERSTOOD BY THE PARTIES PRIOR TO THE NPCOTIATIONS OF THE TREATY ¢oF B25,

The meaning has its foundations in the Ukase of September 4, 1s2l, whieh was the irritant that brought about the controversy that was concluded by the treaty,

THE MEANING OF COAST AS DEFINED IN TILE UNASE OF SKPTEMEER §, 1821.

In 1521 the Emperor Alexunder issued an Ukase addressed ** unto all Men” for the purpose of establishing rules in respect of the northwest coast of Americi.

The frst rule was as follows:

The pursnits of commerce, whaling, and fishery, and of all other industry on islauls, poets, aml golis, including the whole of the nortlwest coast of America, beginning from Behring Straits to the 51° of northern Jotitude, also from the Aleutian Islands to the eastern const of Siberia, ae well as along the Kurile islands from Behring Straits to the South cape of the [stand of Urup, viz, to the 45° 50% north latitude, is exclusively granted to Russian subjects, ©

This in terms includes ‘the whole of the vorthwest const of Ainericn, beginning from Behring Straits to the Sist degree of northern latitude.”

aB.U., 2, 7, 74, 77, eU", 8, C, App,, 25-26,

»B.O., 72.