Sir M. H Herbert to Mr. Hay.
Dear Mr. Secretary: I duly telegraphed to my Government the substance of your personal note of June 4, in which you informed me that the British agent to the Alaska tribunal, or a representative duly authorized by him, would be given full opportunity to examine and verify the originals in the exclusive possession of the Government of the United States of anything contained in their case, provided that no delay were caused thereby either in the delivery of the counter case or of the printed argument, or in the commencement of the oral argument.
I have now received a telegram from the Marquis of Lansdowne, stating that His Majesty’s Government are not aware that any precedent exists for coupling the production of original documents with any condition such as that laid down by the United States Government.
[Page 512]The condition, moreover, in the opinion of His Majesty’s Government, amounts to a refusal, as, without an extension of time, it is practically impossible to examine large numbers of documents and to embody the result.
Both in private litigation and in international arbitrations the right to inspect has never been questioned, and His Majesty’s Government can not, by accepting conditions, cast doubt on the existence of this right and thus establish a precedent which might prove a serious bar to a resort to arbitration.
The originals in Russian, of which only translations are given, form a great proportion of the documents which it is desired to inspect. His Majesty’s Government consider that they have obviously a right to compare the originals with these translations.
The description which has been given of other documents has not been sufficient for the purpose of tracing copies in England.
His Majesty’s Government consider that in cases where certified extracts are given, they have clearly the right to see the whole documents, so as to satisfy themselves that nothing material is contained in the omitted portions.
His Majesty’s Government hope that on further consideration the United States Government will agree unconditionally to their request, so that it may be possible to avoid the necessity of calling a special meeting of the tribunal to consider the matter.
An application for the extension of time is expressly contemplated in the convention, and, unless this application is acceded to, it will be impossible to present fully the reply to the United States case. His Majesty’s Government can not believe that the United States Government will be prevented through any question of personal convenience from favorably considering the request, the refusal of which would entail the presentation of the British counter case in an incomplete form, as unsatisfactory to His Majesty’s Government as to the tribunal.
His Majesty’s Government would accordingly be glad to learn that the United States Government agree to the application of the British agent, whose request for an extension of time they strongly support.
I may mention, in conclusion, that the British agent was fully aware that under the treaty originals of documents should be called for through the tribunal, but he considers the method adopted—through diplomatic channels—as being more convenient and more likely to save time.
I should be very grateful if you could let me have an answer as soon as possible.
I am, dear Mr. Secretary, yours, very truly,