instant the subject was again presented to him by a messenger from your legation to whom Mr. Griggs said, repeating his statement of the fact that no such case had come before his Department, that his official functions did not permit him to advise the embassy upon the subject except through the Department of State, and then only upon a question actually arising in the Department of State. At the same time, it has appeared proper to Mr. Griggs to state, and he desires me to repeat it to you, that in the recent case of the return to Cuba from New Orleans of a person committing an offense in Habana, he took the ground that in view of our military occupation and government in Cuba extradition was not really involved, and that the criminal should be returned upon the proper requisition of our military authorities in Cuba; and he adds that he can perceive no reason to doubt that the same view and practice would apply in the reverse case to a criminal going to Cuba from the United States, should such a case arise. I am, etc., JOHN HAY. GREAT BRITAIN. MODUS VIVENDI FIXING A PROVISIONAL BOUNDARY LINE BETWEEN THE TERRITORY OF ALASKA AND THE DOMINION OF CANADA ABOUT THE HEAD OF LYNN CANAL. [Memorandum.] BRITISH EMBASSY, Washington, April 18, 1898. ALASKA BOUNDARY. In view of the wide divergence of views existing on the subject of the Alaska-Canadian Boundary, the Dominion Government fear that the suggestion to proceed with the demarcation under the convention of 1892 would lead to no result. They are however prepared to agree that a provisional line should be fixed, without prejudice to the claims of either party, at the watershed at the first summit north of Dyea. Such provisional boundary would be at a distance from the coast of considerably more than 10 leagues. No. 1006.) Mr. Day to Sir Julian Pauncefote. DEPARTMENT OF STATE, Washington, May 9, 1898. EXCELLENCY: Referring to your memorandum of April 18 ultimo, regarding the marking of the boundary line between Alaska and the British possessions, I have the honor to inform you that this Government consents to the temporary demarcation of this boundary in the region about the head of Lynn Canal, on the general plan suggested in-your memorandum-namely, that the boundary line shall follow the summit of the watershed surrounding the head of Lynn Canol. To accomplish this it is proposed that in at least three localities on this watershed-namely, at the summit of White Pass, at the summit of Chilkoot Pass, and at the summit of Chilkat Pass-suitable monuments be placed to mark definite points in the boundary thus temporarily defined. It is suggested that these monuments be placed by two commissioners, one chosen on the part of the United States and the other on the part of Her Majesty's Government. In consenting to the temporary marking of the boundary line in the method just indicated, this Government desires it to be distinctly understood on the part of both Governments that this arrangement is not to be construed as affecting in any manner rights under existing treaties for the ultimate consideration and establishment of the boundary line in question. I have, etc., WILLIAM R. DAY. Sir Julian Pauncefote to Mr. Day. BRITISH EMBASSY, NEW LONDON, CONN., July 20, 1898. SIR: With reference to the proposal for the adoption of a provisional line of determination of the Alaska boundary in the region of the Lynn Canal without prejudice to the rights of either Government, I have the honor to inform you that I did not fail immediately on receipt of your note number 1006, of the 9th of May last, to transmit copy of it to the Governor-General of Canada, who has since been in communication with Her Majesty's Government on the subject. It appears that the arrangement which the Dominion government have had in contemplation is that pending the settlement of the boundary question, and as to the territory traversed by the mountain passes which lead from Taiya Inlet, each Government should remain in possession of the territory now occupied by it, and that for this purpose a line should be drawn at the summit of the passes or the watershed between the rivers flowing into Taiya Inlet and the tributaries of the Yukon River. This would be satisfactory to them. They observe, however, that while your note above referred to places the provisional line at Taiya summit, it proposes to apply the principle of the watershed range between rivers flowing into the Lynn Canal and rivers flowing into the Yukon River to the route commonly called the Dalton Trail, which leads from the head of the Chilkat Inlet. The effect of this would be to place the boundary line much farther inland than the Canadian government consider reasonable under the circumstances. In view of this objection on the part of the Canadian government, I have been instructed by the Marquis of Salisbury, without going further into the merits of the case at present, to propose to you that the Canadian and United States officers, respectively stationed at the head of the Lynn Canal, should be directed not to advance beyond the positions already occupied by them, and that the provisional boundary line should be referred to the joint commission at Quebec for adjust ment. Hoping that the above suggestion will meet with the approval and concurrence of your Government, I have, etc., No. 1381.] JULIAN PAUNCEFOTE. Mr. Hay to Sir Julian Pauncefote. DEPARTMENT OF STATE, Washington, March 20, 1899. EXCELLENCY: Recalling the recent interviews which I have had the honor to hold with you respecting the desirability of establishing a provisional boundary line between the territorial possessions of the United States and Canada in the vicinity of Lynn Canal, and referring to the notes exchanged between this Department and your embassy during the past year, to wit, your promemoria of April 18, the note of Secretary Day of May 9, and your reply thereto of July 20, I feel warranted in submitting to you the following proposition:" It shall be agreed between the two Governments that the boundary line between Canada and the Territory of Alaska in the region above FR 99-21 the head of Lynn Canal shall be provisionally fixed, without prejudice to the claims of either party in the permanent adjustment of the international boundary, at the watershed on the summit of White and Chilkoot passes, and at a point 30 marine miles from Pyramid Harbor on the Chilkat Pass and otherwise known as the Dalton Trail; and the two Governments further agree that the respective customs outposts shall not be advanced beyond the points indicated. Steps shall be taken without delay to establish by international cooperation a provisional boundary monument at each of the three points herein established. An acknowledgment from you accepting this understanding, which embodies the proposals made in your communications of last year, and which, it appears, had been virtually observed as to the passes above Lynn Canal since July of last year, would accomplish the desired result by exchange of notes. I have, etc., Sir Julian Pauncefote to Mr. Hay. JOHN HAY. BRITISH EMBASSY, Washington, March 22, 1899. SIR: I have the honor to acknowledge the receipt of your note No. 1381, of March 20, 1899, containing proposals for establishing a provisional boundary line between Canada and the Territory of Alaska in the region about the head of Lynn Canal without prejudice to the claims of either party in the permanent adjustment of the frontier. I lost no time in communicating a copy of this note to Her Majesty's Government and to the Governor-General of Canada. I have, etc., Mr. Tower to Mr. Hay. JULIAN PAUNCEFOTE. BRITISH EMBASSY, Washington, April 29, 1899. SIR: As Sir Julian Pauncefote had the honor to inform you on the 22d ultimo, a copy of your note No. 1381, of the 20th of that month, was communicated to Her Majesty's Government and to the GovernorGeneral of Canada. That note contained a proposal for establishing a provisional line between Canada and the Territory of Alaska in the region about the head of Lynn Canal, without prejudice to the claims of either party in the permanent adjustment of the frontier. By direction of the Marquis of Salisbury, I have the honor to transmit to you herewith copy of an approved minute of the Canadian privy council, dated the 30th ultimo, which Sir Julian Pauncefote received from the Governor-General of Canada, containing the expression of the views of the Dominion Government upon the proposals put forward by you. REGINALD TOWER. I have, etc., [Inclosure-Extract from a report of the committee of the honorable the privy council, approved by his excellency on the 30th March, 1899.] The committee of the privy council have had under consideration a dispatch from Mr. Hay, United States Secretary of State, dated 20th March, 1899, to Her Majesty's ambassador to the United States, suggesting the establishment of a provisional boundary line between the territorial possessions of the United States and Canada in the vicinity of Lynn Canal, together with the letter dated 21st March, 1899, from Her Majesty's ambassador to the Marquis of Salisbury inclosed, and the cable dispatch of 27th March, 1899, from the secretary of state for the colonies asking for the views of Your Excellency's advisers upon said subject. The minister of the interior, to whom said matter was referred, desires to call attention to the fact that the provisional boundary line, which is suggested in the note of Mr. Hay on the White and Chilcoot passes, has been accepted by the Government of the United States and the Government of Canada as provisional about two years ago. The minister, with regard to the provisional delimitation of the boundary on the Chilkat Pass, can not agree to the proposition that it should be placed at the distance of 30 miles from the shore. He contends that it should be placed at the crest of the mountains nearest to the coast. But while he, the minister, thinks it quite advisable that the line on the Chilkat Pass should be provisionally established, he represents that at the same time, and concurrently, the United States Government should agree to have the whole line between Alaska and Canada from Prince of Wales Island to Mount St. Elias determined by arbitration. The minister further states that this assent to a provisional line is not in any way to be construed as a deviation from the contention of Canada that the boundary line by the terms of the treaty should pass at the extreme entrance of the Lynn Canal. The committee concur in the foregoing report and advise that Your Excellency do communicate the sense of this minute to the Most Honorable the Marquis of Salisbury, and to Her Majesty's ambassador to the United States. All which is respectfully submitted for Your Excellency's approval. JOHN J. MCGEE, Clerk of the Privy Council. [Memorandum.] DEPARTMENT OF STATE, The Secretary of State, at the invitation of the British Government, has indicated on the accompanying map what is in his opinion the best line for a modus vivendi in the region of the Klehini River, but as this line diverges a little from that formerly suggested by the Secretary of State he feels a word of explanation is required. The Secretary of State proposed the junction of the Chilkat and Klehini rivers as a convenient point for a temporary dividing line between the American and British jurisdictions, pending the negotiations between these two Governments as to the permanent boundary; and, as the thoroughfare through that region is the Dalton trail, he thought it expedient to mark the point on that trail where it crosses the river. The British Government has shown with great force that this latter point was too vague, and that the bank of the river from its mouth to where it is crossed by the trail was almost impossible to define, owing to the shifting of the channel and the changes in its course. They therefore proposed a line across the valley from certain mountains lying to the southwest through the junction of the Chilkat and the Klchini to the mountains on the northeast; but this threw under British jurisdiction a large number of Americans who are at work along the banks of Porcupine Creek, from whom it was not available. for the American Government to withdraw its protection, and in whose interest this Government has been constantly acting. |