Mr. Choate to Mr.
Hay.
American Embassy,
London, June 23,
1903.
No. 1141.]Sir: I have the honor to report that upon the
receipt of your cablegram of the 16th instant, stating what had passed
between yourself and Sir Michael Herbert in respect to proposed delay in
the service of the British counter case before the Alaska Boundary
Commission, I had an interview with Sir Robert Finlay, the
attorney-general, and urged upon him the grave necessity on the part of
our commissioners and counsel of avoiding any unnecessary delay in the
various proceedings provided for by the treaty, especially in the
service of the counter case and the commencement of the oral argument. I
appealed to him to let no considerations of personal convenience stand
in the way of a prompt hearing of the case at the time clearly intended
by the treaty, and explained to him fully the important engagements at
home resting upon our commissioners and counsel which would compel their
prompt return to the United States, at any rate, by the end of October.
I sent you a cable telegram about this interview on June 19, of which I
annex a copy. On the same day 1 followed up the interview with a
personal letter to Sir Robert, of which I annex a copy, and on the 19th
June 1 received in reply from him a letter, of which I annex a copy,
which seems to promise a more prompt compliance with the understanding
of the treaty, as to time, than we had feared. Doubtless General Foster
will communicate with Mr. Sifton, at Ottawa, as suggested by the
attorney-general as the best way of expediting matters.
I annex cablegram sent you on receipt of Sir Robert’s letter.
I have honor to be, sir, your obedient servant,
[Inclosure 1.]
Mr. Choate to
Mr. Hay.
[Cablegram.]
London, June 19,
1903.
No. 44.]Have seen attorney-general, who holds out hopes of serving counter
case July 3. Am laboring to induce him to begin oral argument
September 10. Would you approve of September 20 as a compromise? He
thinks oral argument ought not to be very long. This would give
thirty days for the argument and ten for decision, thereby releasing
our people by the end of October.
[Inclosure 2.]
Mr. Choate to
Sir Robert Finlay.
American Embassy, London, June 19,
1903.
Dear Sir Robert: I do sincerely hope that
you will let me cable to Washington that your counter case will be
ready on the day fixed in the treaty.
As to oral argument, besides the urgent necessity which rests upon
our commissioners to return early to the United States, as I
explained to you, you will not forget that the counsel on our side
are not only giving up a large part of their vacation in coming over
to attend the opening of the tribunal, and arguing the case in
September, as the treaty clearly intends, but all the time they are
detained here after
[Page 524]
that
is taken out of their court work at home, as our legal vacation ends
with the first Monday of October. They very reasonably consider that
a week after the service of the printed arguments on September 3
will be ample time for the preparation of the oral argument, at any
rate to begin them. So when they insist, as they do, that the oral
argument shall begin on September 10, you will already have had a
full month’s vacation after the adjournment of Parliament, and in
that respect will be better off than they are.
May I not, therefore, hope that you will consent that the oral
argument begin on the 10th of September. Otherwise it will be left
wholly uncertain and must be determined by the tribunal when it
meets on September 3.
Yours, most sincerely,
[Inclosure 3.]
Sir Robert
Finlay to Mr. Choate.
House of Commons, June 19, 1903.
My Dear Mr. Choate: Our counter case is in
course of preparation, and we believe that it will be delivered here
on the 3d of July, the day fixed by the treaty. This counter case,
however, will be necessarily incomplete, owing to the fact that we
have not yet had inspection of documents which we consider of great
importance, and there will not be time to have embodied in the
counter case the results of any inspection which may take place in
America before the 3d of July. We shall have to accompany the
delivery of the counter case with a statement that owing to this
circumstance it is necessarily incomplete and may have to be
supplemented in some form.
Inspection is, of course, a matter of right, and my colleagues inform
me that we are asking only for what is reasonable and necessary in
the way of documents.
I am writing in the absence of Mr. Sifton, who is now on his way to
America—he will be at Ottawa by the 25th instant.
As regards the date of meeting, I am quite sensible of the force of
what your excellency says as to the convenience of the American
commissioners, and I can assure you that no question of personal
convenience on our side will be allowed to stand in the way of
having the case heard at the earliest date possible. But it is
essential that the case should be ready for hearing, and, after full
consultation with my colleagues, I much regret that it is impossible
for me at present to undertake that the oral argument should
commence on the 10th of September. We may possibly have the
materials ready by that date, but it is probable that more time will
be wanted. There is not only the question of documents, but
inquiries have been directed in America as to various matters of
fact alleged in case of the United States. Till we know something of
the results we are not in a position to fix a date definitely. All I
can say is that every effort will be made to have the hearing at as
early a date as possible, and to meet in every way possible the
convenience of the commissioners of the United States.
I very much wish I could give a more definite answer, but I feel that
at present it is impossible for me to do so without grave risk of
imperiling the proper presentation of the case for Canada.
Probably the best way of expediting matters would be that
communications should be opened direct with Mr. Sifton at
Ottawa.
Believe me, yours, very sincerely,
[Inclosure 4.]
Mr. Choate to
Mr. Hay.
[Cablegram.]
London, June 22,
1903.
No. 46.]Attorney-general writes me that he believes British counter case will
be delivered here on July 3, but incomplete and accompanied by
statement that owing to inability to embody in it results of
inspection of documents it will have to be supplemented in some
form. Cannot undertake at present that oral argument shall commence
10th September. May possibly have materials ready by that date, but
probably more time will be required. Is making inquiries in America
as to various facts alleged in our case, but he promises to make
every effort to have hearing at as early a date as possible and that
no question of personal convenience on their side shall stand in the
way. Sifton is now on the way to America, and will reach Ottawa
25th. Attorney-general suggests the best way of expediting matters
would be to communicate direct with Sifton at Ottawa.
