Page images
PDF
EPUB

recent years points upon this boundary, notably at the crossing of the Yukon, have been established by the United States and Canadian surveyors by astronomic means and marked.

Concerning the remaining portion of the boundary, however, from the neighborhood of Mount St. Elias southeastward to the mouth of Portland Canal, question has been raised in recent years by Canadian authorities.

It has long been known that the coast of this part of Alaska is extremely broken, containing many fiords extending far inland, and that no continuous range of mountains parallels the coast. It was for many years tacitly admitted by both sides that the second alternative of the treaty, that the boundary should follow a line 10 marine leagues distant from the coast and following its windings, should be the one finally adopted when the question of marking the boundary arose. This position was taken by the United States and consistently followed from the time of the acquisition of the territory to the present. All maps, United States and Canadian, agreed on it. Many acts of sovereignty were performed by the United States within this territory, no question being raised by the Canadian authorities, and the claim of the United States to a strip of territory 10 marine leagues in width from the main coast was universally admitted by the Canadian authorities. The discovery of gold in the basin of the Yukon, in Canada, and the fact that the only feasible means of access to this region lay through United States territory, made it extremely desirable for Canada to possess a port or ports on this coast as the starting points of routes to the Yukon mines, and it was only when this necessity appeared that any question arose concerning the interpretation of the definition of limits in the treaty.

The claim made by the British Government, before a joint commission on the boundary, on behalf of Canada, in August, 1898, was that this portion of the boundary, instead of passing up Portland Canal, should pass up Pearse Canal, connecting with Portland Canal, up which it follows to the summit of the mountains nearest to the coast, and then should follow them, regardless of the fact that they do not form a continuous range, crossing all the inlets of the sea up to Mount St. Elias. This, of course, was refused by the United States commissioners. A proposition made by the British commissioners to refer the matter to arbitration was also refused by the United States commissioners, on the ground that there was nothing to arbitrate, since the territory in question was in the possession of the United States, and had been for many years without dispute, such possession being in full accord with the terms of the treaty. The commission was then dissolved, the only outcome being an agreement that the summits of White and Chilkoot passes and a point upon the Chilkat, above Pyramid Harbor, were temporarily adopted as points upon the boundary.

HAWAIIAN ISLANDS.

The Republic of Hawaii, comprising eight islands in the Pacific, voluntarily joined the United States in 1898.

PORTO RICO, GUAM, AND PHILIPPINE ISLANDS.

The latest accession of territory made by the United States were the islands taken from Spain following the war of 1898. These were relinquished to the United States by the treaty of peace of December 10, 1898. They were as follows:

Cuba, sovereignty over which was relinquished by Spain and assumed by the United States. With Cuba was included the Isle of Pines and the islets scattered around the Cuban coast.

Porto Rico and other Spanish West India islands which were ceded to the United States.

The island of Guam, in the Ladrones.

The Philippine Islands, which comprise all the islands lying within the following line, as defined in the words of the treaty:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich; thence along the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty-five minutes (4° 45') north latitude; thence along the parallel of four degrees and forty-five minutes (4° 45′) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirtyfive minutes (119° 35′) east of Greenwich; thence along the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119° 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7° 40′) north; thence along the parallel of latitude seven degrees and forty minutes (7° 40′) north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich; thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich; and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning.

For the Philippines the sum of $20,000,000 was paid by the United States to Spain.

CHAPTER II.

THE PUBLIC DOMAIN AND AN OUTLINE OF THE HISTORY OF CHANGES MADE THEREIN.

CESSIONS BY THE STATES.

At the time the Constitution was adopted by the original thirteen States, many of them possessed unoccupied territory, in some cases entirely detached and lying west of the Appalachian Mountains. Thus, Georgia included the territory from its present eastern limits westward to the Mississippi River. North Carolina possessed a narrow strip extending from latitude 35° to 36° 30′, approximately, and running westward to the Mississippi, including besides its own present area that of the present state of Tennessee. In like manner, Virginia possessed what is now Kentucky, while a number of States, as Pennsylvania, New York, Massachusetts, and Connecticut, laid claim to areas in what was afterward known as the Territory North west of the River Ohio, a region which is now comprised mainly in the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin. These claims were to a greater or less extent conflicting. In some cases several States claimed authority over the same area, while the boundary lines were in most cases very ill-defined.

The ownership of these western lands by individual States was opposed by those States which did not share in their possession, mainly on the ground that the resources of the General Government, to which all contributed, should not be taxed for the protection and development of this region, while its advantages would inure to the benefit of but a favored few. On this ground several of the States refused to ratify the Constitution until this matter had been settled by the cession of these tracts to the General Government.

Moved by these arguments, as well as by the consideration of the conflicting character of the claims, which must inevitably lead to trouble among the States, Congress passed, on October 30, 1779, the following act:

Whereas the appropriation of the vacant lands by the several States during the present war will, in the opinion of Congress, be attended with great mischiefs: Therefore,

Resolved, That it be earnestly recommended to the State of Virginia to reconsider their late act of assembly for opening their land office; and that it be recommended to the said State, and all other States similarly circumstanced, to forbear settling or issuing warrants for unappropriated lands, or granting the same during the continuance of the present war.

30

This resolution was transmitted to the different States. The first to respond to it by the transfer of her territory to the General Government was New York, whose example was followed by the other States. These cessions were made on the dates given below:

New York, March 1, 1781.

Virginia, March 1, 1784.

Massachusetts, April 19, 1785

Connecticut, September 13, 1786.

The Connecticut act of cession reserved an area in the northeastern part of Ohio, known as the Western Reserve. On May 30, 1800, Connecticut gave to the United States jurisdiction over this area, but without giving up its property rights in it.

South Carolina, August 9, 1787.

North Carolina, February 25, 1790.
Georgia, April 24, 1802.

The following paragraph from the deed of cession by New York defines the limits of its cession to the General Government:

Now, therefore, know ye, that we, the said James Duane, William Floid, and Alex. ander M'Dougall, by virtue of the power and authority, and in the execution of the trust reposed in us, as aforesaid, have judged it expedient to limit and restrict, and we do, by these presents, for and in behalf of the said State of New York, limit and restrict the boundaries of the said State in the western parts thereof, with respect to the jurisdiction, as well as the right or pre-emption of soil, by the lines and in the form following, that is to say: a line from the northeast corner of the State of Pennsylvania, along the north bounds thereof to its northwest corner, continued due west, until it shall be intersected by a meridian line to be drawn from the forty-fifth degree of north latitude, through the most westerly bent or inclination of Lake Ontario; thence by the said meridian line to the forty-fifth degree of north latitude; and thence by the said forty-fifth degree of north latitude; but if, on experiment, the above-described meridian line shall not comprehend twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do, by these presents, in the name of the people, and for and on behalf of the State of New York, and by virtue of the authority aforesaid, limit and restrict the boundaries of the said State in the western parts thereof, with respect to jurisdiction, as well as the right of pre-emption of soil, by the lines and in the manner following, that is to say: a line from the northeast corner of the State of Pennsylvania, along the north bounds thereof, to its northwest corner, continued due west until it shall be intersected by a meridian line, to be drawn from the forty-fifth degree of north latitude, through a point twenty miles due west from the most westerly bent or inclination of the river or strait Niagara; thence by the said meridian line to the forty-fifth degree of north latitude, and thence by the said forty-fifth degree of north latitude.

The deed of cession by Virginia gives no limits, further than to specify that the lands transferred include only those lying northwest of the river Ohio.

The following paragraph from the deed of cession by Massachusetts gives the limits of the area ceded:

*

We do by these presents assign, transfer, quitclaim, cede, and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title, and estate of and in, as well the soil as the jurisdiction, which the said Com

Bull. 171--3

monwealth bath to the territory or tract of country within the limits of Massachusetts charter situate and lying west of the following line, that is to say, a meridian line to be drawn from the forty-fifth degree of north latitude through the westerly bent or inclination of Lake Ontario, thence by the said meridian line to the most southerly side line of the territory contained in the Massachusetts charter; but if on experiment the above-described meridian line shall not comprehend twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do by these presents, by virtue of the power and authority aforesaid, in the name and on behalf of the said Commonwealth of Massachusetts, transfer, quitclaim, cede, and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title, and estate of and in as well the soil as the jurisdiction, which the said Commonwealth hath to the territory or tract of country within the limits of the Massachusetts charter, situate and lying west of the following line, that is to say, a meridian line to be drawn from the forty-fifth degree of north latitude through a point twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara; thence by the said meridian line to the most southerly side line of the territory contained in the Massachusetts charter aforesaid.

The following clause from the act of the legislature of Connecticut, authorizing the cession, defines its limits:

Be it enacted That the delegates of this State, or any two of them, who shall be attending the Congress of the United States, be, and they are hereby, directed, authorized, and fully empowered, in the name and behalf of this State, to make, execute, and deliver, under their hands and seals, an ample deed of release and cession of all the right, title, interest, jurisdiction, and claim of the State of Connecticut to certain western lands, beginning at the completion of the forty-first degree of north latitude, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, and from thence by a line drawn north, parallel to and one hundred and twenty miles west of the said west line of Pennsylvania, and to continue north until it comes to forty-two degrees and two minutes north latitude. Whereby all the right, title, interest, jurisdiction, and claim of the State of Connecticut to the lands lying west of said line to be drawn as aforementioned, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, shall be included, released, and ceded to the United States in Congress assembled, for the common use and benefit of the said States, Connecticut inclusive. The cession of South Carolina was described as follows:

*

All the territory or tract of country included within the river Mississippi and a line beginning at that part of the said river which is intersected by the southern boundary line of the State of North Carolina, and continuing along the said boundary line until it intersects the ridge or chain of mountains which divides the eastern from the western waters, then to be continued along the top of said ridge of mountains until it intersects a line to be drawn due west from the head of the southern branch of Tugaloo River to the said mountains; from thence to run a due west course to the river Mississippi.

The State of North Carolina ceded

The lands situated within the chartered limits of the State, west of a line beginning on the extreme height of Stone Mountain, at the place where the Virginia line intersects it; running thence along the extreme height of the said mountain to the place where the Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain where Bright's road crosses the same; thence along the ridge of the said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of the

« ՆախորդըՇարունակել »