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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 there of. || 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 oval statement or argument upon the point; but in such case the other Party shall have the right to reply thereto.

Article III.

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 the 28th (16th) February, A.D. 1825, and between the United States of America and the Emperor of All the Russias concluded under date of the 18th (30th) March, A.D. 1867; and particularly the Articles III, IV, and V of the first-mentioned Treaty, which in the original text are, word for word, as follows:

„III. La ligne de démarcation entre les possessions des Hautes 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'île dite Prince of Wales, lequel point se trouve sous le parallèle du 54° 40′ de latitude nord, et entre le 131 et le 133° degré de longitude ouest (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 56° degré de 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 141° degré de longitude ouest (même méridien); et, finalement, du dit point d'intersection, la même ligne méridienne du 141° 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. || „IV. Il est entendu, par rapport à la ligne de démarcation dêterminée dans l'Article précédent: |,,1. Que l'île dite Prince of Wales appartiendra tout entière à la Russie; || „2. Que partout où la crête des montagnes qui s'étendent dans une direction parallèle à la côte depuis le 56° degré de latitude nord au point d'intersection du 141° degré de longitude ouest se trouverait à la distance de plus de 10 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 10 lieues marines. || V. Il est convenu, en outre, que nul établissement 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 établissement, 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 établissement ne sera formé par des sujets Russes au delà des dites 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.

Article IV.

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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 what point on the 56th 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 10 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 10 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 10 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 10 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 10 marine leagues from the coast, are declared to form the eastern boundary?

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Article V.

The Tribunal shall assemble for their first meeting at London so 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 His Britannic Majesty and the President of the United States 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 signed in duplicate, one copy whereof shall be given to the Agent of His Britannic Majesty for his Government, and the other to the Agent of the United States of America for his Government.

Article VI.

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.

Article VII.

The present Convention shall be ratified by His Britannic Majesty and by the President of the United States, by and with the advice and consent of the Senate, and the ratifications, shall be exchanged in London or in Washington so soon as the same may be effected. || In faith wherof 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
Michael H. Herbert.
John Hay.

Nr. 13223. GROSSBRITANNIEN. - Der Generalgouverneur von

Kanada an das Kolonialamt. Wünsche Kanadas für die Ernennung des Schiedsrichters.

Ottawa, March 6, 1903.

...

(Telegraphic.) || My Ministers regard the situation with much anxiety. They desire to emphasize the fact that their assent to a Treaty which provided for the creation of a Tribunal so composed as not to insure finality was obtained on the stipulation in the Treaty that the members of the Court would be impartial jurists of repute. . . . Their doubts as to the effectiveness of the contemplated arrangement as a means of settlement were in some degree modified by the assurance that the members of the Tribunal would approach the subject with unbiassed minds, and that a judical interpretation of the Treaty of 1825 would be obtained. The appointment to the Tribunal by the United States' Government of

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gentlemen who are not Judges, and whose known views leave no room for expectation of a judical consideration of the question, changes the whole situation. If the whole question were now open to be dealt with entirely from the point of view of Canadian interests, my Ministers would hesitate to advise any further participation in proceedings. | My Ministers have observed from the public press, and have also been officially informed that while the matter is still under their consideration' the Treaty has been confirmed by His Majesty's Government, and an exchange of ratifications has already taken place at Washington. It is presumed that this fact precludes further discussion, and my Ministers will, therefore, proceed to do whatever is necessary on their part to make good the engagements of His Majesty's Government, but they must reserve the right to submit to the Canadian Parliament the whole correspondence, or such statement of the case as will fully explain the whole matter, and especially the manner in which the assent of Canada was obtained. || My Ministers do not agree with the suggestion that the altered circumstances justify a departure on the British side from the disposition previously manifested respecting the composition of the Tribunal. If members of the Tribunal are to be appointed by His Majesty's Government, my Ministers are of opinion that only Judges of the higher Courts, who in the best sense of the words would be impartial jurists of repute, should be chosen.

Nr. 13224. GROSSBRITANNIEN. - Derselbe an Denselben. Das

selbe.

Ottawa, March 7, 1903.

(Telegraphic.) || In view of the short time given for preparation of the case, my Ministers desire to proceed immediately, and therefore suggest an early settlement of preliminaries. || As to the composition of Tribunal, my Ministers suggest Chief Justice of England and two Canadian Judges, names to be telegraphed hereafter.

Nr. 13225. GROSSBRITANNIEN.

Das Kolonialamt an das

Ausw. Amt. Zusammensetzung des Schiedsgerichts.

Downing Street, March 9, 1903. (March 9.) (Extract.) || With reference to the letter from this Department of the 7th instant respecting the composition of the Alaska Boundary Commission, I am directed to transmit to you, to be laid before the Marquess of Lansdowne, copy of a telegram from the Governor-General of Canada, suggesting the

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