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Within two months after the delivery on both sides of the written or printed case, either party may, in like manner, deliver in duplicate to each member of the tribunal, and to the agent of the other party, a counter-case and additional documents, correspondence and evidence in reply to the case, documents, correspondence and evidence so presented by the other party. The tribunal may, however, extend this last mentioned period when in their judgment it becomes necessary hy reason of special difficulties which may arise in the procuring of such additional papers and evidence.
If in the case submitted to the tribunal either party shall have specified or referred to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party shall demand it, within thirty days after the delivery of the case, to furnish to the party applying for it a duly certified copy thereof; and either party may call upon the other, through the tribunal, to produce the original or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the tribunal may require; and the original or copy so requested shall be delivered as soon as may be and within a period not exceeding forty days after receipt of notice.
Each party may present to the tribunal all pertinent evidence, documentary, historical, geographical, or topographical, including maps and charts, in its possession or control and applicable to the rightful decision of the questions submitted; and if it appears to the tribunal that there is evidence pertinent to the case in the possession of either party, and which has not been produced, the tribunal may in its discretion order the production of the same by the party having control thereof.
It shall be the duty of each party through its agent or counsel, within two months from the expiration of the time limited for the delivery of the counter-case on both sides, to deliver in duplicate to each member of the said tribunal and to the agent of the other party a written or printed argument showing the points and referring to the evidence upon which his Government relies, and either party may also support the same before the tribunal by oral argument of counsel
. The tribunal may, if they shall deem further elucidation with regard to any point necessary, require from either party a written, printed, or oral statement or argument upon the point; but in such case the other party shall have the right to reply thereto.
It is agreed by the High Contracting Parties that the tribunal shall consider in the settlement of the questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of 28/16 February, A. D. 1825, and between the United States of America and the Emperor of All the Russias concluded under date of March 30/18, A. D. 1867; and particularly the Articles III, IV, V, of the first mentioned treaty, which in the original text are word for word as follows:
“La ligne de démarcation entre les Possessions des Hautés Parties Contractantes sur la Côte du Continent et les Iles de l'Amérique NordOuest, sera tracée ainsi qu'il suit:
“A partir du Point le plus méridional de l'Ile dite Prince of Wales, lequel Point se trouve sous la parallèle du 54me degré 40 minutes de latitude Nord, et entre le 131me et 133me degré de longitude Quest (Méridien de Greenwich), la dite ligne remontera au Nord le long de la passe dite Portland Channel, jusqu'au Point de la terre ferme où elle atteint le 56me degré latitude Nord; de ce dernier point la ligne de démarcation suivra la crête des montagnes situées parallèlement à la Côte, jusqu'au point d'intersection du 141me degré de longitude Ouest (même Méridien); et finalement, du dit point d'intersection, la même ligne méridienne du 141me degré formera, dans son prolongement jusqu'à la Mer Glaciale, la limite entre les Possessions Russes et Britanniques sur le Continent de l'Amérique Nord-Ouest.”
“Il est entendu, par rapport à la ligne de aemarcation déterminée dans l’Article précédent;
“1. Que l'Isle dite Prince of Wales appartiendra toute entière à la Russie.
“2. Que partoute où la crête des montagnes qui s'étendent dans une direction parallèle à la Côte depuis le 56me degré de latitude Nord au point d'intersection du 141me degré de longitude Ouest, se trouveroit à la distance de plus de dix lieues marines de l'Océan, la limite entre les Possessions Britanniques et la lisière de Côte mentionnée ci-dessus comme devant appartenir à la Russie, sera formée par une ligne parallèle aux sinuosités de la Côte, et qui ne pourra jamais en être éloignée que de dix lieues marines."
“Il est convenu en outre, que nul Etablissement ne sera formé par l'une des deux Parties dans les limites que les deux Articles précédens assignent aux Possessions de l'Autre. En conséquence, les Sujets Britanniques ne formeront aucun Etablissement soit sur la Côte, soit sur la lisière de terre ferme comprise dans les limites des Possessions Russes, telles qu'elles sont désignées dans les deux Articles précédens; et, de même, nul Etablissement ne sera formé par des Sujets Russes au delà des dîtes limites.”
The tribunal shall also take into consideration any action of the several governments or of their respective representatives preliminary or subsequent to the conclusion of said treaties so far as the same tends to show the original and effective understanding of the parties in respect to the limits of their several territorial jurisdictions under and by virtue of the provisions of said treaties.
Referring to Articles III, IV, and V of the said treaty of 1825 the said tribunal shall answer and decide the following questions:
1. What is intended as the point of commencement of the line? 2. What channel is the Portland Channel?
3. What course should the line take from the point of commencement to the entrance to Portland Channel?
4. To wbat point on the 56tb parallel is the line to be drawn from the head of the Portland Channel, and what course should it follow between these points?
5. In extending the line of demarcation northward from said point on the parallel of the 56th degree of North latitude, following the crest of the mountains situated parallel to the coast until its intersection with the 141st degree of longitude west of Greenwich, subject to the condition that if such line should anywhere exceed the distance of ten marine leagues from the ocean then the boundary between the British and the Russian territory should be formed by a line parallel to the sinuosities of the coast and distant therefrom not more than ten marine leagues, was it the intention and meaning of said convention of 1825 that there should remain in the exclusive possession of Russia a continuous fringe or strip of coast on the mainland, not exceeding ten marine leagues in width, separating the British Possessions from the bays, ports, inlets, havens, and waters of the ocean, and extending from the said point on the 56th degree of latitude north to a point where such line of demarcation should intersect the 141st degree of longitude west of the Meridian of Greenwich?
6. If the foregoing question should be answered in the negative, and in the event of the summit of such mountains proving to be in places more than ten marine leagues from the coast, should the width of the lisière which was to belong to Russia be measured (1) from the mainland coast of the ocean, strictly so-called, along a line perpendicular thereto, or (2) was it the intention and meaning of the said convention that where the mainland coast is indented by deep inlets, forming part of the territorial waters of Russia, the width of the lisière was to be measured (a) from the line of the general direction of the mainland coast, or (b) from the line separating the waters of the ocean from the territorial waters of Russia, or(c) from the heads of the aforesaid inlets?
7. What, if any exist, are the mountains referred to as situated parallel to the coast, which mountains, when within ten marine leagues from the coast, are declared to form the eastern boundary?
The tribunal shall assemble for their first meeting at London as soon as practicable after receiving their commissions; and shall themselves fix the times and places of all subsequent meetings.
The decision of the tribunal shall be made so soon as possible after the conclusion of the arguments in the case, and within three months thereafter, unless the President of the United States and His Britannic Majesty shall by common accord extend the time therefor. The decision shall be made in writing, and dated, and shall be signed by the members of the tribunal assenting to the same. It shall be singed in duplicate, one copy whereof shall be given to the agent of the United States of America for his government, and the other to the agent of His Britannic Majesty for his government.
When the High Contracting Parties shall have received the decision of the tribunal upon the questions submitted as provided in the foregoing articles, which decision shall be final and binding upon all parties, they will at once appoint, each on its own behalf, one or more scientific experts who shall with all convenient speed proceed together to lay down the boundary line, in conformity with such decision.
Should there be, unfortunately, a failure by a majority of the tribunal to agree upon any of the points submitted for their decision, it shall be their duty to so report in writing to the respective governments through their respective agents. Should there be an agreement by a majority upon a part of the questions submitted, it shall be their duty to sign and report their decision upon the points of such agreement in the manner hereinbefore prescribed.
The present Convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate, and by His Britannic Majesty, and the ratifications shall be exchanged in Washington or in London so soon as the same may be effected.
In faith whereof we, the respective plenipotentiaries, have signed this Convention and have hereunto affixed our seals.
Done at Washington, in duplicate, this 24th day of January, A. D. 1903.
(SEAL. MICHAEL H. HERBERT (SEAL.]
And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the third day of March, one thousand nine hundred and three;
Now, therefore, be it known that I, THEODORE ROOSEVELT, Presi. dent of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. Done at the City of Washington, this third day of March, in the
year of our Lord one thousand nine hundred and three, and (SEAL] of the Independence of the United States the one hundred and twenty-seventh.
THEODORE ROOSEVELT By the President:
Secretary of State.
CORRESPONDENCE BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND GREAT BRITAIN AFTER THE RATIFICATION OF THE TREATY OF JANUARY 24, 1903.
Mr. Hay to Sir M. H. Herbert.
DEPARTMENT OF STATE,
Washington, February 13, 1903. EXCELLENCY: I have the honor to inform you that the Senate, by its resolution of the 11th instant, two-thirds of the Senators present concurring therein, gave its advice and consent, without amendment, to the ratification of the convention which I signed with you on January 24, 1903, providing for the settlement of the questions between the United States and Great Britain with respect to the boundary line between the Territory of Alaska and the British possessions in North America. I have, etc.,
Mr. llay to Sir M. H. Herbert.
DEPARTMENT OF STATE,
Washington, March 5, 1903. DEAR EXCELLENCY: I have the honor to inform you that the President has appointed the Hon. Elihu Root, the Hon. Henry Cabot Lodge, and the Hon. George Turner, of Washington, as the American members of the tribunal created by the convention between the United States and Great Britain, which was signed on the 24th of January, 1903.
I have the honor to be, with assurance of the highest consideration, your excellency's obedient servant,
Mr. Loomis to Mr. Choate.
DEPARTMENT OF STATE,
Washington, March 10, 1903. Sir: I inclose for the embassy's use twelve copies of the President's proclamation of the convention between the United States and Great Britain for the settlement of questions between the two countries with respect to the boundary line between Alaska and the British possessions in North America, signed at Washington on January 24, 1903.
The President has appointed the Hon. Elihu Root, Secretary of War, Senator Henry Cabot Lodge, of Massachusetts, and ex-Senator George Turner, of Washington, as the American members of the tribunal provided for in the convention. I am, sir, your obedient servant,
FRANCIS B. LOOMIS,
Mr. Choate to Mr. llay.
London, April 1, 1903. Sir: Referring to your instruction, No. 1149, of March 10 last, I have the honor to inclose herewith copies of the note in which I communicated the President's proclamation of the convention between the United States and Great Britain for the settlement of questions relative to the Alaska boundary, and of his lordship's reply. I have the honor to be, sir, your obedient servant,
JOSEPH H. CHOATE. The Hon. JOHN HAY,
Secretary of State.