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The Canadian Dominion [69]

By Root 689 0
this long barrier down half of her Pacific coast was found to be irksome. Attempt after attempt to have the line determined only added to the stock of memorials in official pigeonholes. Then came the discovery of gold in the Klondike in 1896, and the question of easy access by sea to the Canadian back country became an urgent one. Canada offered to compromise, admitting the American title to the chief ports on Lynn Canal, Dyea and Skagway, if Pyramid Harbor were held Canadian. She urged arbitration on the model the United States had dictated in the Venezuela dispute. But the United States was in possession of the most important points. Its people believed the Canadian claims had been trumped up when the Klondike fields were opened. The Puget Sound cities wanted no breach in their monopoly of the supply trade to the north. The only concession the United States would make was to refer the dispute to a commission of six, three from each country, with the proviso that no area settled by Americans should in any event pass into other bands. Canada felt that arbitration under these conditions would either end in deadlock, leaving the United States in possession, or in concession by one or more of the British representatives, and so declined to accept the proposed arrangement.

Finally, in 1903, agreement was reached between London and Washington to accept the tribunal proposed by the United States, which in turn withdrew its veto on the transfer of any settled area. Canada's reluctant consent was won by a provision that the members of the tribunal should be "impartial jurists of repute," sworn to render a judicial verdict. When Elihu Root, Senator Lodge, and Senator Turner were named as the American representatives, Ottawa protested that eminent and honorable as they were, their public attitude on this question made it impossible to consider them "impartial jurists." The Canadian Government in return nominated three judges, Lord Alverstone, Lord Chief Justice of England, Sir Louis Jette, of Quebec, and Mr. Justice Armour, succeeded on his death by A. B. Aylesworth, a leader of the Ontario bar. The tribunal met in London, where the case was thoroughly argued.

The Treaty of 1825 had provided that the southern boundary should follow the Portland Canal to the fifty-sixth parallel of latitude and thence the summits of the mountains parallel to the coast, with the stipulation that if the summit of the mountains anywhere proved to be more than ten marine leagues from the ocean, a line drawn parallel to the windings of the coast not more than ten leagues distant should form the boundary. Three questions arose: What was the Portland Canal? Did the treaty assure Russia an unbroken strip by making the boundary run round the ends of deep inlets? Did mountains exist parallel to the coast within ten leagues' distance? In October these questions received their answer. Lord Alverstone and the three American members decided in favor of the United States on the main issues. The two Canadian, representatives refused to sign the award and denounced it as unjudicial and unwarranted.

The decision set Canada aflame. Lord Alverstone was denounced in unmeasured terms. From Atlantic to Pacific the charge was echoed that once more the interests of Canada had been sacrificed by Britain on the altar of Anglo-American friendship. The outburst was not understood abroad. It was not, as United States opinion imagined, merely childish petulance or the whining of a poor loser. It was against Great Britain, not against the United States, that the criticism was directed. It was not the decision, but the way in which it was made, that roused deep anger. The decision on the main issue, that the line ran back of even the deepest inlets and barred Canada from a single harbor, though unwelcome, was accepted as a judicial verdict and has since been little questioned. The finding that the boundary should follow certain mountains behind those Canada urged, but short of the ten league line, was attacked by the Canadian representatives as a compromise, and its judicial
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