The Paris Treaty of 1789 defined the Us / British boundaries as the North west angel to the 49 as far as the "Missouri" The Forty ninth intersects the Missouri watershed at Big Muddy Creek.
Therefore, a careful reading of the treaties reveals that the Canadian control ends at the 49th, while the US control ends at the Missouri/big muddy creek line, Making anything due west above the Missouri lien "the FREEDMAN non -state of Badlands.
http://en.wikipedia.org/wiki/Big_Muddy_Creek_(Missouri_River)
http://en.wikipedia.org/wiki/Treaty_of_Paris_(1783)
Therefore, a careful reading of the treaties reveals that the Canadian control ends at the 49th, while the US control ends at the Missouri/big muddy creek line, Making anything due west above the Missouri lien "the FREEDMAN non -state of Badlands.
http://en.wikipedia.org/wiki/Big_Muddy_Creek_(Missouri_River)
http://en.wikipedia.org/wiki/Treaty_of_Paris_(1783)