knowledge, none of the crew of the R. T. Roy was so employed.42 It is submitted that, in the light of the evidence produced in the case, Captain Lincoln acted reasonably in taking the R. T. Roy, after it had been freed from the reef, to its home port of Alpena, especially since Mr. Duncan had not returned for more that eight hours after his departure for the purpose of obtaining assistance. Damages Facts respecting damages suffered by the claimant in this case are set forth in detail at page 49 of the Memorial. In explanation of the several items the United States prints in the Appendix to this Reply affidavits by David Lincoln, of February 12, 1913,43 and by George Whitten, of March 18, 1913, and August 22, 1924,* respectively. 44 FRED K. NIELSEN, Agent for the United States. 45 APPENDIX TO THE REPLY CONTENTS Page Article II of the Treaty between the United States and Great Britain of 15 Article VI of the Treaty between the United States and Great Britain of 16 Decision of June 18, 1822, of the commissioners under Article VI of the 17 Questions propounded by A. G. Duncan to Capt. George Whitten... Affidavit of George Whitten of March 18, 1913. Affidavit of David Lincoln of February 12, 1913 Treaty between the United States and Great Britain of April 11, 1908, concerning the boundary between the United States and Canada: Extracts- 21 23 24 26 27 29 Affidavit of George Whitten of August 22, 1924_ 33 Letter from Mr. Fred K. Nielsen to Mr. E. Lester Jones of July 31, 1924. Letter from Mr. E. Lester Jones to Mr. Fred K. Nielsen of August 4, 1924. Enclosure 1: Affidavit of James H. Van Wagenen of August 4, 1924, certifying to the accuracy of map No. 1, A transparent celluloid photograph of certified copy of part of official boundary map entitled "Fifteenth Section, No. 1, Lake Huron, 1820 & 21" Enclosure 2: Affidavit of James H. Van Wagenen of August 4, 1924, certifying to the accuracy of map No. 2, A map showing boundary line plotted by Mr. J. A. Flemer.. 35 37 40 Enclosure 3: Affidavit of James H. Van Wagenen of August 4, 1924, certifying to the accuracy of map No. 4, A transparent celluloid photograph of certified copy of part of official boundary map entitled "Fifteenth Section, No. 1, Lake Huron, 1820 & 21" Report of Mr. James A. Flemer of March 29, 1906, on water boundary from St. Regis to Lake of the Woods: Extracts 14 ---- 41 41 42 Treaty of Peace between the United States and Great Britain of September 3, 1783 [Malloy, Treaties, Conventions, International Acts, Protocols, and Agreements between the United States and Other Powers, Vol. I, p. 586, at pp. 587-588] ARTICLE II And that all disputes which might arise in future, on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are, and shall be their boundaries, viz: From the northwest angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of Saint Croix River to the Highlands; along the said Highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean, to the northwesternmost head of Connecticut River; thence down along the middle of that river, to the forty-fifth degree of north latitude; from thence, by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and Lake Erie; thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication between that lake and Lake Huron; thence along the middle of said water communication into the Lake Huron; thence through the middle of said lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux, to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northern-most part of the thirty-first degree of north latitude. South, by a line to be drawn due cast from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary's River; and thence down along the middle of St. Mary's River to the Atlantic Ocean. East, by a line to be drawn along the middle of the river 8266-24-3 15 St. Croix, from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid Highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia. Treaty Between the United States and Great Britain of December 24, 1814, (Treaty of Ghent) [Malloy, Treaties, Conventions, International Acts, Protocols, and Agreements between the United States and Other Powers, Vol. I, p. 612 at pp. 616-617] ARTICLE VI Whereas by the former treaty of peace that portion of the boundary of the United States from the point where the forty-fifth degree of north latitude strikes the river Iroquois or Cataraquy to the Lake Superior, was declared to be "along the middle of said river into Lake Ontario, through the middle of said lake, until it strikes the communication by water between that lake and Lake Erie, thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication into the Lake Huron, thence through the middle of said lake to the water communication between that lake and Lake Superior;" and whereas doubts have arisen what was the middle of the said river, lakes and water communications, and whether certain Islands lying in the same were within the dominions of His Britannic Majesty or of the United States: In order, therefore, finally to decide these doubts, they shall be referred to two Commissioners, to be appointed, sworn and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in this present article. The said Commissioners shall meet, in the first instance, at Albany, in the State of New York, and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall, by a report or declaration, under their hands and seals, designate the boundary through the said river, lakes and water communications, and decide to which of the two contracting parties the several islands lying within the said rivers, lakes and water communications, do respectively belong, in conformity with the true intent of the said treaty of one thousand seven hundred and eighty-three. And both parties agree to consider such designation and decision as final and conclusive. And in the event of the said two Commissioners differing, or both or either of them refusing, declining or wilfully omitting to act, such reports, declarations or statements shall be made by them, or either of them, and such reference to a friendly sovereign or State shall be made in all respects as in the latter part of the fourth article is contained, and in as full a manner as if the same was herein repeated. Decision of June 18, 1822, of the Commissioners under Article VI of the Treaty of Ghent [Malloy, Treaties, Conventions, International Acts, Protocols and Agreements between the United States and Other Powers, Vol. I, pp. 620-623] The undersigned Commissioners, appointed, sworn and authorized, in virtue of the sixth article of the treaty of peace and amity between His Britannic Majesty and the United States of America, concluded at Ghent, on the twenty-fourth day of December, in the year of our Lord one thousand eight hundred and fourteen, impartially to examine, and, by a report or declaration, under their hands and seals, to designate "that portion of the boundary of the United States from the point where the 45th degree of north latitude strikes the river Iroquois or Cataraqua, along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication, by water, between that lake and Lake Eric; thence, along the middle of said communication, into Lake Erie, through the middle of said lake, until it arrives at the water communication into Lake Huron; thence, through the middle of said water communication, into Lake Huron; thence, through the middle of said lake, to the water communication between that lake and Lake Superior;" and to "decide to which of the two contracting parties the several islands, lying within the said rivers, lakes and water communications, do respectively belong, in conformity with the true intent of the treaty of 1783:" Do decide and declare, that the following described line, (which is more clearly indicated on a series of maps accompanying this report, exhibiting correct surveys and delineations of all the rivers, lakes, water communications and islands, embraced by the sixth article of the treaty of Ghent, by a black line shaded on the British side with red, and on the American side with blue; and each sheet of which series of maps is identified by a certificate, subscribed by the Commissioners, and by the two principal surveyors employed by them,) is the true boundary intended by the two before mentioned treaties, that is to say: Beginning at a stone monument, erected by Andrew Ellicott, Esquire, in the year of our Lord one thousand eight hundred and |