364
THE GREEN BAG
This tribunal was constituted under a convention signed at Washington, January 24, 1903, between the United States of America and Great Britain, to consider cer tain questions relating to the boundary between the territory of Alaska and the Dominion of Canada. The commission con sisted of three members appointed by the President of the United States, namely, Elihu Root, then Secretary of War, Henry Cabot Lodge, Senator of the United States ' from Massachusetts, George Turner of the State of Washington, and three members appointed by his Britannic Majesty, King Edward, namely, Baron Alverstone, the Lord Chief Justice of England, Sir Louis A. Jette Lieutenant-Governor of the Prov ince of Quebec, and Allen B. Aylesworth, King's Counsel, of Toronto, Canada. The first meeting of the tribunal occurred Thursday, September 3, 1903, at n o'clock, at the British foreign office in Downing Street. Upon motion of Mr. Root, Lord Alverstone was unanimously chosen to act as president of the tribunal. General John W. Foster was presented as agent of the United States and Clifford Sifton of Great Britain. Judge Dickinson announced that Mr. David T. Watson, one of the leaders of the Pennsylvania Bar, Mr. Hannis Taylor, author of perhaps the leading American work on International Law, and Mr Chandler P. Anderson, with himself, were counsel on the part of the United States. Sir Robert B. Finlay, Attorney-General of England, stated that Sir Edward H. Carson, SolicitorGeneral, Mr. C. Robinson, Mr. F. C. Wade, Mr. L. P. Duff and Mr. A. Geoffrion, King's Counsel of the Canadian Bar, and Mr. S. A. T. Rowlatt and Mr. J. A. Simon of the English Bar, with himself, were of counsel for the British government. The tribunal then adjourned until September 15, 1903, when Sir Robert Finlay commenced his opening argument and thereafter the case proceeded until the argument was concluded by Judge Dickinson, October 8, 1903. The result is familiar. Although the
tribunal determined, the commissioners from this country concurring, that the Portland Channel was located, as contended on behalf of Canada, the chief contention of the United States in respect to the boundary line along the coast was fully sustained; and it was held that this line was located so as to give to this country a continuous fringe or strip of coast on the mainland not exceeding ten marine leagues in width, separating the British possessions from the bays, havens and inlets and from the waters of the ocean, extending from a point on the 56th degree of latitude North, to a point on the 141st degree of longitude, West of the meridian of Greenwich, the two Cana dian commissioners dissenting, the Lord Chief Justice voting with the American commissioners. It is not too much to say that whatever loss of territory Great Britain may have sustained by this decision, ought to bedeemed as more than compensated by the great example which she thus furnished to the world of the finest and highest judicial courage and impartiality on the part of this great man. It is quite out of the question to trace the course of the argument in this historic case or even to deal at all adequately with that submitted by Judge Dickinson. That argu ment occupied about five days in its de livery and dealt with every phase of the case. As illustrative of its high quality and admirable style, I will only quote two ex tracts, one found in the beginning of the argument and the other its conclusion. In opening Judge Dickinson said : "I feel, Mr. President, that if I am to give any aid to the Tribunal or contribute any thing that will be of real value in the investi gation which they have before them, I must address myself to an effort to meet the arguments that have been advanced on behalf of Great Britain. I have listened to them very intently. Coming, as I do, so shortly after the argument of the soli citor-general, it will hardly be possible for
