marine leagues from the shore, and in each case was insisted upon by Russia as a protection for the islands. It was also understood that the proposed line shoul 'run along the mountains which follow the sinuosities of the coast,' and it could not have been understood that such a line would, as Sir Wilfred Laurier suggests, pass over bays and inlets, though it could very easily pass over creeks or mountain streams. The sinuosities of the coast would naturally mean the indentations of salt water."

Mr. Lewis, on the whole subject, concludes:

"In reviewing the above correspondence it will be seen that the questions now brought up by Great Britain were all discussed previous to the signing of the treaty. It will be seen that 'Portland channel' means the same now that it did seventy-five years ago; that the word 'sinuosities' was used intentionally, and that the framers of the treaty meant Russia should have the harbors, bays, and inlets on the coast, while Great Britain had the interior; that the lisere of the coast was meant to be upon the continent and not a chain of islands or detached strips of shore.

"There is no section of Alaska which is not rich in mineral. Already the great Treadwell mines and others in the vicinity of Juneau have been opened up on the land that would have gone to Great Britain had Russia consented to 'compromise'; indeed, they would many of them go to Great Britain now if the United States should concede what Great Britain claims as to the ten marine leagues being measured from the outward line of the islands."

But Great Britain remains unconvinced, and the dispute is no nearer settlement than ever, except for the celebrated modus vivendi, for which the next chapter is reserved.

CHAPTER XXXI.

THE MODUS VIVENDI

DESCRIPTION OF THE TERRITORY AFFECTED BY ITLYNN CANAL-IMPORTANCE OF THE COntrol of ITS HEAD ITS HARBORS-ITS TRAILS—DIPLOMATIC CONTROVERSY FOCUSED HERE-GREAT BRITAIN TENACIOUS-UNITED STATES REFUSES HER DEMAND-NEGOTIATIONS BROKEN OFFCONFLICT OF AUTHORITY-CONFUSION AND EMBARRASSMENTS RESULTING PROVISIONAL AgreeMENT CONCLUDED APPLIES ΤΟ TERRITORY AROUND THE HEAD OF LYNN CANAL-DESCRIPTION OF THE PROVISIONAL LINE-TEXT OF THE MODUS VIVENDI-EFFECT OF PROTECTION OF AMERICAN CITIZENS-SECRETARY HAY'S STATEMENT OF THE CIRCUMSTANCES OF ITS NEGOTIATIONS ITS PURPOSE AND EFFECT-THE UNDERSTANDING AND ATTITUDE OF THE GOVERNMENT WITH REGARD TO IT.

Near its head, Lynn Canal divides into two channels, Chilcoot Inlet, the eastern, and Chilcat Inlet, the western. Further up Chilcoot Inlet again divides, and the eastern of the channels so formed is Dyea Inlet. At the head of this last named inlet are situated the towns of Dyea and Skagway, and here are two of the most important harbors on the Alaska coast. Skagway, a town of about 3,000 inhabitants, is on the east side of Dyea Inlet. From Seattle to Skagway the distance is 1,115 miles, and it is practically a still water route. The course of the steamers is along the coast and finally up Lynn Canal, and to the mouth of the canal is

protected from the swells of the ocean by almost continuous barriers of densely wooded islands. At Skagway is one of the safest of harbors, and steamers find good anchorage within a short distance from the coast.

Dyea is situated four miles north of Skagway, at the mouth of Dyea River and at the head of Dyea Inlet. Owing to the shallower and more shoaly water, the conditions for anchorage and discharging cargoes at Dyea are less favorable than at Skagway, but in these respects the former is only second in importance to the latter.

Practically at the head of the canal's western branch, Chilcat Inlet, is situated Klukwan, a town now of considerable importance.

From the head of Lynn Canal start all the important trails followed by miners and prospectors who enter the interior. Dyea Trail, used by the Indians for generations, the shortest and, until 1897, practically the only trail to the headwaters of the Yukon and to the Klondike, runs from Dyea up the river of that name and crosses Chilcoot Pass, fourteen miles northwestward from the town. Skagway Trail runs northwestward up the Skagway River and crosses the summit of White Pass, eighteen miles from the town of Skagway, thence northward to the head of Lake Bennet, whose waters flow into the Yukon.

The Dalton Trail takes a westerly course from Chilcat Inlet, and is the principal route from Klukwan and the inlet to the rich diggings immediately to the westward.

Bound Trail, Chilcat Trail and Dalton Trail are also important routes to the Klondike and the headwaters of the Yukon, as well as the most important overland routes to Nome and Northwestern Alaska.

The boundary line as claimed by the United States

is ten marine leagues, or thirty geographical miles, from, and parallel to the coast around, the head of Lynn Canal. The contention of Great Britain is that it should either cross the canal at a distance of ten marine leagues from its mouth, or run along the summits of certain detached mountains selected by her for the purpose and nearest to the coast of the mainland, making the line thus cross the canal near its mouth. Yielding to either of these British claims would place both Dyea and Skagway and their harbors in Canadian territory.

It is accordingly around the head of Lynn Canal where the diplomatic struggle has been waged with most vigor. Great Britain, single in her purpose of obtaining a seaport, has hung on tenaciously to the claim that the head of the canal must be hers; and it was because the United States commissioners refused to accede to this contention that the labors of the recent High Joint Commission were broken off without any result in this respect, and that caused Sir Wilfred Laurier, the Canadian Premier, to announce still more recently that the differences between the two governments on the Alaskan boundary question were so wide that it was useless to attempt a settlement by negotiation.

There was no doubt considerable confusion and difficulty encountered by our government owing to the occupancy of the country from Lynn Canal to the boundary on the north by people of conflicting allegiances. Efforts for the proper protection of the trails and for the enforcement of police and revenue regulations were either abortive or a constant source of friction and irritation and in some instances of actual conflict between the agents of the respective governments, as well as among the people themselves. At

tempts to adjust the dispute permanently had but recently failed, and there seemed no likelihood of an early permanent adjustment, while conditions were such as to make a settlement, especially as to the territory around the head of Lynn Canal, desirable, if not imperative, and for the interests of all parties concerned.

It was under these circumstances that in October, 1899, a provisional agreement temporarily affecting this part of the disputed territory was effected between the two governments, to remain in force until the treaty boundary could be determined and settled in the usual diplomatic course. The announcement of the conclusion of a modus vivendi, by which a temporary line was agreed upon, excited much criticism and genuine indignation at the time, due, to some extent probably, to a misunderstanding of the extent of its intended operation, and its purpose but principally because it seemed to be a yielding to England and the Canadians, and at least an implied admission that their claims had some foundation. There was also the realization on the part of some that in the past temporizing expedients in dealing with Great Britain in matters of this kind were ill advised, and they thought that a firm assertion of the true line would have been the most effectual means of speedily and finally settling the difficulty.

The so-called modus vivendi affects by its terms only the territory around the head of Lynn Canal. About two miles up the Chilcat River, and the same distance from the town of Klukwan, the Klehila River joins the Chilcat from the westward. The course of the Klehila is almost due east for a considerable distance, and about twelve miles from its junction with the Chilcat. Porcupine Creek flows into it from the southwest. Porcu