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Mr. Choate to Mr. Ilay. No. 1113.]
London, May 1, 1903. Sir: I have the honor, in accordance with your instruction No. 1186 of the 21st of April, 1903, to transmit herewith eight copies of the British case in connection with the Alaskan boundary, which, under the second article of the Alaska convention of January 24, 1903, were handed to me to-day on the part of Mr. Sifton, His Britannic Majesty's agent. I have the honor to be, sir, your obedient servant,
JOSEPH H. CHOATE.
Mr. Sifton to Mr. Choate.
LONDON, May 1, 1903. Sir: I have the honor to hand to your excellency herewith eight copies of the case of Great Britain, with accompanying appendices, under the convention signed at Washington, January 24, 1903, for the adjustment of the boundary between the Dominion of Canada and the Territory of Alaska.
It having been agreed that delivery of these documents at the United States embassy at London should be taken as delivery under the terms of Article II of the said convention, they are delivered accordingly.
The twelve additional sets of these volumes will be delivered to-morrow.
I have also the honor to transmit for your excellency's own use one copy of the case and accompanying appendices. I have the honor to be, sir, your excellency's obedient servant,
CLIFFORD SIFTON, Agent of His Britannic Majesty before the Alaska Boundary Tribunal.
Mr. Choate to Mr. Ilay.
LONDON, May 20, 1903. Mr. Choate telegraphs the Secretary of State that he is urging that Commission meet on September 3 to hear or arrange for early oral argument; and Attorney-General suggesting that time might be required for production of papers, he has said that he would do all he could to facilitate the production of papers without formal proceedings.
Mr. llay to Mr. Choate.
DEPARTMENT OF STATE,
Washington, May 21, 1903. We will waive formalties of the treaty as to production of papers, but should have early notice of those desired.
Mr. llay to Mr. Choate.
DEPARTMENT OF STATE,
Washington, May 25, 1903. SIR: I inclose herewith a letter from John W. Foster, esq., agent of the United States before the Alaskan Boundary Tribunal, addressed to the Hon. Clifford Sifton, agent of Great Britain, making demand, in pursuance of paragraph 4 of Article II of the treaty of January 24, 1903, for copies of certain documents therein particularly described which are specified or referred to in the British case without annexing copies thereto.
You will communicate this demand, through the foreign office, to the British agent. I am, sir, your obedient servant,
Mr. Foster to Mr. Sifton.
WASHINGTON, D. C., May 23, 1903. To the Hon. CLIFFORD SIFTON,
Agent of Great Britains Sır: I have the honor, pursuant to paragraph 4 of Article II of the treaty of January 24, 1903, between the United States and Great Britain, to request copies of the following documents specified or referred to in the British case without annexing copies thereto, to wit:
i. The supplementary agreement entered into between the Russian American Company and the Hudsons Bay Company on the 17th of May, 1842, referred to on page 87 of the British case.
2. The agreement extending the lease of 6th February, 1839, between the said companies to 1st January, 1862, entered into 28th December, 1858, and referred to on page 87 of the British case.
3. The agreement extending said lease till June, 1865, referred to on page 87 of the British case.
4. The agreement further extending said lease for one year, terminating on 31st May, 1867.
5. The certain information and suggestions respecting the north west coast of America inclosed in Mr. G. Canning's letter of January 20, 1824, to Sir C. Bagot, No. 41, which inclosures are referred to in the British case, Appendix, Vol. I,
6. The tracing of Admiralty Chart, showing the general direction of the coast, inclosed in letter of instructions from J. S. Dennis, surveyor-general, to Joseph Hunter, C. E., dated March 3, 1877, and therein specified in paragraph (D) and referred to in paragraph No. 7 of said letter, appearing in the British case, Appendix, Vol. I,
7. The tracing of a sketch made by his honor Chief Justice Begbie, inclosed in letter of instructions above mentioned, and thereins pecified in paragraph (F) and referred to in paragraph No. 4 of said letter appearing in the British case, Appendix, Vol. I, page 224.
8. The letter from the Russian American Company, dated St. Petersburg, April 18 (May 10), 1867, specified in the declaration from William Ware, esq., secretary of the Hudsons Bay Company, and referred to in paragraphs Nos. 4 and 5 of said decla. ration appearing in the British case, Appendix, Vol. I, page 306. Very respectfully,
John W. FOSTER, Agent of the United States before the Alaskan Boundary Tribunal.
Sir M. II. Herbert to Mr. Hay.
Washington, May 29, 1903. DEAR MR. SECRETARY: I have just received a telegram from Lord Lansdowne, requesting me to ask you to inform the American agent before the Alaska tribunal that the British agent applies for the production, under paragraph 4 of article 2 of the Alaska convention, of the documents included in the United States case which are mentioned in the inclosed list.
The telegram adds that the British agent could examine them in Washington or make arrangements to photograph the originals.
I gather from the telegram that some further documents are required, but as the sentence relating to them is not quite clear, I have telegraphed for a repetition of it. I am, dear Mr. Secretary, yours, very truly,
MICHAEL H. HERBERT.
ALASKA BOUNDARY COMMISSION.
List of documents which the British agent desires to examine in original, or of which he
wishes to be allowed to take photographs, under articles 2 and 4 of the Alaska Boundary Convention.
112 1 Baron Tuyll to Count Nesselrode, October 2 (November 2), 1822. 132 2 Monsieur Poletica to Count Nesselrode, November 3, 1823. 152 3 Admiral Mordvinof to Count Nesselrode, February 20 (March 3), 1824. 175 4 Count Lieven to Count Nesselrode, May 20 (June 1), 1824. 179 5 Count Lieven to Count Nesselrode, May 21 (June 2), 1824. 166 6 Count Nesselrode to Admiral Mordvinof, April 11, 1824. 135 7 Count Lieven to Count Nesselrode, July 13 (25), 1824. 205 8 Explanations with regard to contre projet. 207 9 Count Lieven to Count Nesselrode, September 19 (October 1), 1824. 213 10 Contre projet submitted by Stratford Canning, February 1 (13), 1825. 218 11 S. Canning's contre projet as altered and corrected by Matusevich. 224 12 Mr. Middleton to Mr. Adams, February 17, 1825. 225 13 Count Nesselrode to Count Lieven, February 20 (March 3), 1825. 229 14 Count Lieven to Count Nesselrode, May 8 (20), 1825. 259 15 Governor Simpson to the manager of the Russian American Company,
March 20, 1829. 260 16 Hudson's Bay Company to Russian American Company, December 16, 1829. 261 17 Director Severin to the minister of finance, February 27, 1830. 262 18 Manager Drujinin to minister of finance, March 5, 1830. 264 19 Report of the governor of the board of directors of the Russian American
Company, May 6, 1832. 265 20 The same to the same, April 28, 1834. 273 21 The governor of the Russian American Company to the commander of the
schooner Chilkat, Second Lieutenant Kuznetsoff, March 30, 1835. 274 22 Baron Wrangle to board of directors of the Russian American Company,
April 30, 1835. 282 23 Report of the directors of the Russian American Company on the Dryad
affair, November 14, 1835. 289 24 Board of directors of the Russian American Company to the department of
trade and manufactures, January 3, 1836. 291 25 The same to thegovernorof the Russian American colonies, Ivan Antonovich
Kupreyanoff, March 12, 1836.
296 26 Mr. Milbanke to Count Nesselrode, July 13, 1837. 297 27 Count Nesselrode to Mr. Milbanke, April 28, 1838. 302 28 The governor of the Russian colonies in America to the commander of the
brig Chichagoff, Lieutenant Zarembo, March 23, 1838. 303 29 Report of the governor of the Russian colonies in America to the board of
directors, May 1, 1838. 307 30 Count Nesselrode to Count Kankreen, December 9, 1838. 308 31 Report of the governor to the general board of the Russian American Com
pany, May 1, 1838. 309 32 Journal of correspondence, 1839. No. 3. 309 33 Report of the board of directors of the Russian American Company, Decem
ber 20, 1839. 312 34 Count Nesselrode to Count Kankreen, January 14, 1839. 312 35 Report of governor of Russian colonies in America to the board of directors
of the Russian American Company, April 20, 1839. 317 36 Translation of the Russian memorandum, marked “A A.”
Sir M. H. Herbert to Mr. Flay.
Washington, May 29, 1903. DEAR MR. SECRETARY: With reference to my personal note of this morning, marked "immediate,” I hasten to inform you that the British agent desires to examine or take photographs of the originals of all documents printed on pages 345–550 of the Appendix to the United States case, in addition to those mentioned in the list already sent you.
These additional documents include “Papers relating to American occupation,” “Geographical and topographical information relative to southeastern Alaska,” and “Miscellaneous documents, etc.” I am, dear Mr. Secretary, yours, very truly,
MICHAEL H. HERBERT.
Mr. Ilay to Sir M. II. Herbert.
DEPARTMENT OF STATE,
Washington, June 4, 1903. DEAR MR. AMBASSADOR: Your personal note of the 29th ultimo was duly received, in which you ask me to inform the agent of the United States before the Alaska tribunal that the British agent applies for the production, under paragraph 4 of Article II of the Alaskan Boundary Convention, of documents included in the case of the United States enumerated in a list inclosed with your note. And in a second note of the same date you inform me that the British agent desires to examine or take photographs of all the documents printed on pages 345-550 of the Appendix to the case of the United States.
The treaty paragraph upon which you base this application provides that (1) “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 copy,” the other party shall be entitled to a duly certified copy thereof; and (2) “ either party may call upon the other, through the tribunal, to produce the original or certified copies of any papers adduced as evidence.”
The list of papers inclosed with your first note embraces documents all of which have been textually set fortb in the case of the United States, many of which are likewise printed in full in the British case without any material variation, and the originals of some of which should exist in the British archives. The documents called for in your second note are likewise textually set forth in the case of the United States. They consist not only of copies of official papers certified to by the chief officer of the respective Department of the Government, but of extracts from official printed publications and from books accessible to the general public. It is suggested that such a sweeping request would hardly be approved by the tribunal.
T'he treaty does not appear to provide for either the production or examination of original papers by the agent of the other party upon his own request, nor for permission to photograph any papers. Although no reason is given in justification of the unusual request of the British agent, the United States is desirous of avoiding all unnecessary delay and of affording every proper opportunity for verifying anything relied upon by it in its case. I take pleasure, therefore, in assuring you that the British agent, or a representative duly authorized by him, will be given full opportunity to examine and verify the originals in the exclusive possession of this Government of anything contained in the case of the United States, provided that no delay is thereby caused either in the delivery of the counter case or of the printed argument, or in the commencement of the oral argument.
I beg to add that it is the intention of the agent of the United States to take to London the originals or certified copies of all documents and papers contained in the case and counter case of the United States, and to be prepared to produce them at the request of the British agent approved by the tribunal. I am, my dear Mr. Ambassador, yours, very truly,
Mr. Hay to Sir M. Il. llerbert.
DEPARTMENT OF STATE,
Washington, June 8, 1903. EXCELLENCY: I have the honor to advise you that the agent of the United States before the Alaskan Boundary Tribunal expects to deliver at your embassy on July 3 the duplicate copies of the counter case and Appendix of the United States required by the treaty, and in addition thereto tenty-two copies of the same.
He will be pleased to receive an equal number of copies of the British counter case and Appendix, if it suits the convenience of the British agent.
I have the honor to be, with the highest consideration, your excellency's most obedient servant,