Mr. Hay to Sir M. H. Herbert.
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 (I) “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 [Page 504] 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 forth 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.
The 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,