Mr. Foster to Mr. Sifton.
Agency of the United States,
Henderson Harbor N. Y.,, August 4, 1903.
Dear Sir: I have had the honor to receive, forwarded from Washington to this place, your letter of July 29, postmarked Ottawa, July 31, in which you suggest that about October 15 would be a suitable time for the preliminary meeting of the tribunal to organize, settle questions of procedure, fix the time when oral argument will be proceeded with, and deal with any other questions that may be presented. And you desire to know, through me, whether the course suggested meets with the views of the American members of the tribunal; and to this end you inclose under cover to me for the American members of the tribunal copies of your letter of the 29th ultimo.
I must in the first place direct your attention to the fact that your proposition seems to be based in part upon an erroneous assumption. [Page 540] You say: “Assuming that the [printed] arguments will be delivered in the same manner as the cases and counter cases, the argument upon the American side will reach London about the 11th or 12th of September.” The British Government was advised more than two months ago that the printed argument of the United States would be delivered in London in time for a meeting of the tribunal on September 3. Under date of May 20 Ambassador Choate telegraphed the Secretary of State that he had urged upon the British Government the meeting of the tribunal on 3d of September to hear or arrange for an early oral argument. Under date of June 19 Mr. Choate addressed a note to the Hon. Sir Robert Finlay attorney-general of England and senior British counsel before the tribunal, in which he stated that the printed argument would be delivered on September 3, and he at the same time proposed that the oral argument begin September 10. Your absence from London may have prevented you from becoming fully conversant with the foregoing facts, but the British Government has not been ignorant of the intention of the United States to deliver its printed argument at London on or before September 3.
I will endeavor to comply as promptly as possible with your request to transmit a copy of your letter to me of July 29 to the American members of the tribunal, but I regret to say that it will require some time to reach them. As has been announced in the public press, two of these members have already sailed from New York, and the third member is about to take passage, in order to be in London in due season for the convening of the tribunal on the 3d proximo. Some delay must therefore occur before I can satisfy your desire to be informed of the views of the American members of the tribunal on your proposition.
I may, however, remind you that the communications already passed between the two governments must have indicated to you what views they will entertain upon the subject. Their expectation as to the time for the assembling of the tribunal is shown in the communications of Mr. Choate above cited. In his letter of June 19 to Sir Robert Finlay he urged an early date for the oral argument, as he had explained to him verbally that there was a necessity that the American members of the tribunal should return to the United States at any rate by the end of October.
In March last, when Sir Michael Herbert suggested an extension of time for the delivery of the cases, he was informed by the Secretary of State that such extension was not compatible with the official engagements of the American members of the tribunal. In your communication to me of May 15 last you asked for an extension of time for the delivery of the counter case. You will recall that in my telegraphic reply of May 25, I said the “American members of tribunal say impossible to consent because of special session of Congress as heretofore stated to British ambassador.” When the ambassador, under date of June 12, renewed the request for an extension of time for the delivery of the counter cases, the Secretary of State, in his note of June 16, reiterated these reasons, and he added the further statement that when the treaty of January 24, creating the tribunal, was being negotiated the British ambassador was informed that it was the President’s wish that the tribunal should conclude its labors within the time indicated, and for this reason the periods for the different stages of the proceedings could not be extended.
I may add that it is the expectation of the United States agency staff and counsel to sail from New York on the 21st instant, and to reach [Page 541] London in time to deliver the printed argument in that city and to attend the assembling of the tribunal on the 3d day of September.
I am, with great respect, your obedient servant,
Agent of the United States before the Alaskan Boundary Tribunal.