The boundary west of the summit of the Rocky Mountains was adopted under article I of the treaty of 1846. It was first determined and marked upon the ground in 1857-61 by Commissioners representing the Governments of the United States and Great Britain. The boundary as laid down by the Commissioners was shown by them on a series of maps, seven in number, accompanied by an index map. The maps are dated May 7, 1869, and are signed by the Commissioners and surveyors of the respective Governments. The maps and "the marks by which the boundary to the eastern shore of the Gulf of Georgia has been defined upon the ground" were approved, agreed to, and adopted through a declaration to that effect signed on February 24, 1870, for the United States by Hamilton Fish, Secretary of State, and for Great Britain by Sir Edward Thornton, Minister to the United States.

At the time the Commissioners of 1857-69 marked the boundary, the country adjacent thereto was sparsely inhabited and, in the high mountainous sections, settlement appeared to be unlikely to soon occur. Taking into consideration the great expenditure of time and money that would be required to completely mark the boundary through the heavily timbered and mountainous country, the Commissioners marked the line only through settled regions and at prominent stream crossings. The intervals between marked sections were in some cases as much as 25 miles. As transportation facilities improved and increased, the country on both sides of the boundary became more populated, demanding a more definite and complete marking on the ground. In 1898 questions as to the adequacy of the markings of this boundary began to arise; in 1899 similar problems arose regarding the New York-Quebec line. In 1900 the Privy Council of Canada adopted a report (approved May 26, 1900) proposing that the two Governments join in making an examination of and in re-marking where necessary "the whole of the southern boundary of Canada, wherever it has been surveyed by the various commissions appointed for that purpose.

The questions regarding the boundary from Georgia Strait to the summit of the Rocky Mountains being the most urgent, a joint examination of it was made in 1901 and 1902. In 1902 and 1903 an agreement was reached through an exchange of notes providing for retracing and remonumenting it under concurrent action, which was done in the years 1903 to 1908. Finally, the treaty of 1908 was adopted providing for the more complete definition and demarcation of the International Boundary between the United States and the Dominion of Canada from the Atlantic Ocean to the Pacific Ocean.

3

The boundary from the summit of the Rocky Mountains to the Northwesternmost Point of Lake of the Woods was first adopted under article II of the Convention of London of 1818 and was again described, as "according to existing treaties", in article II of the Webster-Ashburton Treaty of 1842. The terminus at the Northwesternmost Point of Lake of the Woods was modified by the treaty of 1925 "in order to provide for a more practical definition of the boundary.”

2 For methods of determining and marking, see p. 210.

See discussion relative to summit (appendix III, p. 196.)

4

The boundary east of the Rocky Mountains passes over the vast expanse of the Great Plains section of the continent, where a rigorous climate delayed settlement to a period later than that of the country west of the mountains. The plains section was first surveyed and marked in 1872-75, the work being done jointly by Commissioners appointed by the two Governments. The open character of the country rendered operations comparatively simple and the line was surveyed and marked at frequent intervals. Many of the marks, however, were nothing more than mounds of earth or cairns, and by 1908 they had deteriorated so greatly that they were scarcely recognizable. It was evident that monuments of a more conspicuous and permanent character were needed for effective demarcation. Gradually increasing settlement gave rise, also, to a demand for more frequent marks.

After completing the reestablishment and remonumenting of this section of the boundary in 1914, several minor surveys, necessary to complete the records, were made on the line both east and west of the summit of the Rocky Mountains.

Maintenance has been carried on under the provisions of article IV of the treaty

of 1925.

The operations of the Commissioners in carrying out the instructions of their Governments under the concurrent action of 1902-3, the provisions of articles VI and VII of the treaty of 1908, and, later, the provisions of articles I, II, and IV of the treaty of 1925 are fully set forth in this report.

5

The duties of the Commissioners were increased from time to time up to 1908 until they embraced the work of surveying and marking the entire boundary between the United States and Canada and between Alaska and Canada, with the exception of that portion of the line through the St. Lawrence River and the Great Lakes, resulting at times in the breaking of the continuity of both field and office work on a particular section of the boundary in order to best serve immediate wants elsewhere. This explains the lapse of time between the date of printing the first of the series of charts or maps and the date of printing the last of the series. The delay in the publication of this report was due in part to the same causes, and in part to the fact that about the time of the completion of the maps, arrangements were being perfected between the United States Coast and Geodetic Survey and the Geodetic Survey of Canada to carry a belt of first-order triangulation along the International Boundary from the Pacific Ocean to Lake Superior. The completion of this work was awaited to enable the Commissioners to publish the geodetic positions of the boundary marks on the latest North American datum.

For method of ascertaining and marking see p. 217.

5 Article IV of the treaty of 1908 expressly provides for the International Waterways Commission to "ascertain and reestablish" the International Boundary through the St. Lawrence River and the Great Lakes.

122824-37

TREATIES OF 1908 AND 1925, APPOINTMENTS OF THE COMMISSIONERS, AND RESERVATION OF LANDS ALONG THE INTERNATIONAL BOUNDARY

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED KINGDOM CONCERNING THE BOUNDARY BETWEEN THE UNITED STATES AND THE DOMINION OF CANADA FROM THE ATLANTIC OCEAN TO THE PACIFIC OCEAN

Signed at Washington, April 11, 1908

(Ratifications exchanged at Washington, June 4, 1908)

The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, being desirous of providing for the more complete definition and demarcation of the international boundary between the United States and the Dominion of Canada, have for that purpose resolved to conclude a treaty, and to that end have appointed as their Plenipotentiaries:

The President of the United States of America, Elihu Root, Secretary of State of the United States; and

His Britannic Majesty, Right Honorable James Bryce, O. M., his Ambassador Extraordinary and Plenipotentiary at Washington;

Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following articles:

ARTICLE I

THE BOUNDARY THROUGH PASSAMAQUODDY BAY

The High Contracting Parties agree that each shall appoint, without delay, an expert geographer or surveyor to serve as Commissioners for the purpose of more accurately defining and marking the international boundary line between the United States and the Dominion of Canada in the waters of Passamaquoddy Bay from the mouth of the St. Croix River to the Bay of Fundy, and that in defining and marking said boundary line the Commissioners shall adopt and follow, as closely as may be, the line surveyed and laid down by the Commissioners appointed under Article II of the Treaty of July 22, 1892, between the United States and Great Britain, so far as said Commissioners agreed upon the location of said line, namely:

(1) From a point at the mouth of the St. Croix River defined by the ranges established by them, by a connected series of six straight lines defined by ranges and cross ranges, to a point between Treat Island and Friar Head, likewise defined by ranges and cross ranges established by them; and also

(2) From a point in Quoddy Roads, defined by the intersection of the range passing through the position of the Beacon of 1886 and Lubec Channel Light, with a range established by them on the west shore of Quoddy Roads along the course of this latter range, which is about 80° 35′ east of true south, into the Bay of Fundy.

1

In ascertaining the location of the above-described line, the Commissioners shall be controlled by the indications of the range marks and monuments established along its course by said former Commissioners and by the charts upon which the said Commissioners marked the line as tentatively agreed upon by them.

The remaining portion of the line, lying between the two above-described sections, and upon the location of which said former Commissioners did not agree, shall pass through the center of the Lubec Narrows Channel between Campo Bello Island and the mainland, and, subject to the provisions hereinafter stated, it shall follow on either side of the said Narrows such courses as will connect with the parts of the line agreed upon as aforesaid, and such boundary shall consist of a series of straight lines defined by distances and courses; but inasmuch as differences have arisen in the past as to the location of the line with respect to Pope's Folly Island above Lubec Narrows and with respect to certain fishing grounds east of the dredged channel below Lubec Narrows, it is agreed that each of the High Contracting Parties shall present to the other within six months after the ratification of this Treaty a full printed statement of the evidence, with certified copies of original documents referred to therein which are in its possession, and the arguments upon which it bases its contentions, with a view to arriving at an adjustment of the location of this portion of the line in accordance with the true intent and meaning of the provisions relating thereto of the treaties of 1783 and 1814 between the United States and Great Britain, and the award of the Commissioners appointed in that behalf under the treaty of 1814; it being understood that any action by either or both Governments or their representatives authorized in that behalf or by the local governments on either side of the line, whether prior or subsequent to such treaties and award, tending to aid in the interpretation thereof, shall be taken into consideration in determining their true intent and meaning. Such agreement, if reached, shall be reduced to writing in the form of a protocol and shall be communicated to the said Commissioners, who shall lay down and mark this portion of the boundary in accordance therewith and as herein provided. In the event of a failure to agree within six months after the date of exchanging the printed statements aforesaid, the question of which Government is entitled to jurisdiction over such island and fishing grounds under treaty provisions, and proceedings thereunder, interpreted in accordance with their true intent and meaning as above provided, and by reason of any rights arising under the recognized principles of international law, shall be referred forthwith for decision upon the evidence and arguments submitted as aforesaid, with such additional statement of facts as may be appropriate, and an argument in reply on each side, to an arbitrator to be agreed upon by the two Governments, or, in case of a failure to agree, to be appointed by a third Power selected by the two Governments by common accord, or, if no agreement is thus arrived at, each Government shall select a different Power and the choice of the arbitrator shall be made in concert by the Powers thus selected. The decision of such arbitrator shall be final, and the line shall be laid down and marked by the said Commissioners in accordance therewith and as herein provided.

The arbitrator shall be requested to deliver, together with his award, a statement of all the costs and expenses incurred by him in connection with the arbitration, which shall forthwith be repaid by the two Governments in equal moieties.

It is further agreed that if, under the foregoing provisions, the boundary be located through the channel to the east of the dredged channel above mentioned, the latter shall be equally free and open for the passage of ships, vessels, and boats of both parties.

The entire boundary shall be marked by permanent range marks established on land and, if desirable in the opinion of Commissioners, by buoys in the water, so far as practicable, and by such other boundary marks and monuments and at such points as the Commissioners may determine to be necessary; but the said Commissioners shall proceed to define and mark and chart the portion of the line agreed upon by the former Commissioners under the Treaty of 1892 aforesaid without waiting for the final determination of the location of the remaining portion of the line.