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IV. NORTHEASTERN FISHERIES-Continued.

4. Treaty of Washington, 1871. § 166-Continued.

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1. Coasts of South America. § 170.
2. Case of the Falkland Islands. § 171.

3. Bering Sea. § 172.

Ukases of 1799 and 1821.

Treaties of 1824 and 1825.

Cession of Alaska.

Seizures in 1886.

Proposal of cooperation, 1887.

Views of Mr. Phelps.

Seizures in 1889.

Positions of Mr. Blaine.

Lord Salisbury's answer.

Mr. Blaine's contention as to Russian rights.

Lord Salisbury's offer of arbitration.

Question of "Pacific Ocean.”

Modus vivendi.

Treaty of arbitration.

Question of damages.

Tribunal of arbitration.

Russia's action in 1892.

Award of tribunal.

Damages.

Regulations.

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I. THE NATIONAL DOMAIN.

§ 125.

"The territorial property of a state consists in the territory occupied by the state community and subjected to its sovereignty, and it comprises the whole area, whether of land or water, included within definite boundaries ascertained by occupation, prescription, or treaty, together with such inhabited or uninhabited lands as are considered to have become attendant on the ascertained territory through occupation or accretion, and, when such area abuts upon the sea, together with a certain margin of water."

Hall Int. Law (4th ed.), § 30, p. 106; Scott's Cases on Int. Law, citing
Bonfils-Fauchille, Manuel de Droit Int. (1894), §§ 482-519; Jellinek,
Das Recht des Modernen Staates, I. 355-366; Jones, Index to Legal
Periodicals, I. 545; Liszt, Das Völkerrecht systematisch dargestellt
(1898), 71–83; Wheaton, Dana's ed. § 162.

As to occupation, see supra, §§ 80, 81. As to prescription, see supra, § 88.
As to accretion, see supra, § 82. As to semi-sovereign states and
protectorates, see supra, §§ 13, 14.

II. TERRITORIAL LIMITS.

1. ARTIFICIAL LINES.

§ 126.

Where a treaty provides that the boundary between two countries shall follow certain parallels of latitude, or certain straight lines running from point to point. which parallels and lines shall be surveyed and marked by commissioners upon the land, and, as agreed upon and established by the commissioners, shall in all time be faithfully respected, without any variation therein, unless by express and free consent of both countries, "the monuments placed by the commissioners, or the line as otherwise fixed by descriptive words referring to natural objects, or by the drawings and maps of the commissioners, would, it is plain, be conclusive in all time by force. of the stipulations of the treaty. It would be the line agreed upon and established, even although it should afterwards appear that, by reason of error of astronomical observations or of calculation, it varied from the parallel of latitude where that was the line, or in the other part did not make exactly a straight line."

Cushing, At.-Gen. (1856), 8 Op. 175–176, referring to the treaty between
the United States and Mexico of December 30, 1853, 10 Stat. 1032.
See, as to an error in the "Old Line" between the United States and the
British possessions, at Rouse's Point, Moore, Int. Arbitrations, I. 80,
112, 119, 129, 135-136, 149-153. In this case it is to be observed that
provision was made by treaty for running the line, and that it was
assumed that it had never been surveyed. (Moore, Int. Arbitrations,
I. 70-71.)

By the treaty between the United States and Spain, concluded February 22, 1819, Article II., the boundary between the two countries, after following the western bank of the river Sabine from the sea to the thirty-second degree of north latitude, was to proceed by a certain course to the Rio Roxo, or Red River, and thence by that river westward "to the degree of longitude 100 west from London and 23 from Washington; . . . the whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818." By Article IV. the contracting parties, in order "to fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations," agreed to appoint commissioners and surveyors "to run and mark the said line." It was held that, while Melish's map was adopted as the basis of the settlement, and was to have the same effect as if it had been expressly made a part of the treaty, yet, looking at the entire instrument, it was clear that the contracting parties intended, as shown by Article IV., that the line should be subsequently fixed with more precision, and that, in referring to the one hundredth meridian, they meant that meridian as astronomically located, and not necessarily as it appeared in the map, where it was in fact laid down far east of its true position.

United States r. Texas (1896), 162 U. S. 1. This case related to the territory sometimes called Greer County, which was claimed by Texas, It was held not to be within the limits of that State, but to be subject to the exclusive jurisdiction of the United States.

2. MOUNTAINS AND HILLS.
§ 127.

"Where a boundary follows mountains or hills, the water divide constitutes the frontier.”

Hall, Int. Law (4th ed.), § 38, p. 127. This rule, while simple enough in principle, is often exceedingly difficult of application.

As to the question of the "Highlands," in the northeastern boundary between the United States and the British possessions, see Moore, Int. Arbitrations, I. 65-68, 78, 100, 109, 114, 131, 158-161.

As to the question between the watershed and highest mountain peaks, in the Argentine-Chilean boundary, see id. V. 4854.

As to the case of a plateau, see the British-Portuguese arbitration concerning the boundaries of Manica land, id. V. 4985 et seq.

3. RIVERS.

(1) DIVISIONAL LINES.

$128.

"Where a navigable river forms the boundary of conterminous states, the middle of the channel-the filum aquae or thalweg-is generally taken as the line of their separation, the presumption

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