Nr. 13217. VEREINIGTE STAATEN.

Vertragsentwurf.

Convention between the United States of America and the United Kingdom of Great Britain and Ireland for determining by Arbitration the true Treaty-boundary between the Territory of Alaska and the British Possessions in North America.

(Communicated unofficially by Mr. Hay and forwarded by Lord Pauncefote, May 10, 1901.)

The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, equally desirous for the friendly and final adjustment of the differences which exist between them in respect to the true meaning and application of certain clauses of the Convention between Great Britain and Russia, signed the 16th (28th February, 1825, which clauses relate to the delimitation of the boundaryline between the British possessions in North America and the territory of Alaska, now a possession of the United States, in virtue of the cession. thereof to the United States by Russia by the Convention between the last-named Powers, signed at Washington, the 30th March 1867, wherein said clauses are embodied as defining the said territory so ceded, have resolved to provide for the submission of the questions as hereinafter stated to arbitration, and to that end have appointed their respective Plenipotentiaries as follows: - The President of the United Staates of America, the Honourable John Hay, Secretary of State of the United States; and Her Britannic Majesty, the Right Honourable Lord Pauncefote, G.C.B., B.C.M.G., Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary: || Who, after an exchange of their full powers, which were found to be in good and due form, have agreed upon the following Articles:

Article I.

An Arbitral Tribunal shall be immediately appointed to consider and decide the questions set forth in Article IV of this Convention. The said Tribunal shall consist of six impartial jurists of repute, each of whom shall before entering upon his duties subscribe an oath that he will impartially consider the arguments and evidence presented to the Tribunal and decide thereupon according to his true judgment. Three members of the Tribunal shall be appointed by the President of the United States and three by Her Britannic Majesty. All questions considered by the Tribunal, including the final Award, shall be decided by a majority of all the Arbitrators. In case of the refusal to act, or of the death, incapacity, or abstention from service of any of the persons so

appointed, another impartial jurist of repute shall be forthwith appointed in his place by the same authority which appointed his predecessor. || The Arbitrators may appoint a Secretary, and such other officers as may be requisite to assist them, and may employ scientific experts, if found to be necessary; fixing a reasonable compensation for such officers and such experts. The Tribunal shall keep an accurate record of all its proceedings. Each of the High Contracting Parties shall make compensation for the services of the Arbitrators of its own appointment, and of any Agent, Counsel or other person employed in its behalf, and shall pay all costs incurred in the preparation of its Case. All expenses reasonably incurred by the Tribunal in the performance of its duties shall be paid by the respective Governments in equal moities. || The Tribunal may, subject to the provisions of this Convention, establish all proper rules for the regulation of its proceedings.

Article II.

Each of the High Contracting Parties shall also name one person to attend the Tribunal as its Agent to represent it generally in all matters connected with the arbitration. The written or printed Case of each of the two Parties, accompanied by the documents, the official correspondence, and all other evidence in writing or print on which each Party relies, shall be delivered in duplicate to each of the Arbitrators, and to the Agent of the other Party, as soon as may be after the organization of the Tribunal, but within a period not exceeding

months from

the date of the exchange of ratifications of this Treaty. || Within four months after the delivery on both sides of the written or printed Case, either Party may, in like manner, deliver in duplicate to each of the Arbitrators, and to the Agent of the other Party, a Counter-Case, and additional documents, correspondence, and evidence in reply to the Case, documents, correspondence, and evidence so presented by the other Party. The Tribunal may, however, extend this last-mentioned period when, in their judgment, it becomes necessary by reason of special difficulties which may arise in the procuring of such additional papers and evidence. || 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 a copy, such Party shall be bound, if the other Party shall demand it, 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 Arbi

trators may require. || Each Party may present to the Tribunal all pertinent evidence, documentary, historical, geographical, or topographical, including maps and charts, in its possession or control which it may deem 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 thereof. | 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 of the said Arbitrators 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. The Tribunal may, if they shall deem further elucidation with regard to any point necessary, require from either Party a written, printed, or oral 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 Arbitral Tribunal shall consider in the settlement of the questions submitted to its decision the Conventions respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of the 16th (28th) 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, V, and VII of the first-mentioned Convention, 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, sǝra 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 133° et le 131° 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 Con

tinent de l'Amérique Nord-Ouest. || IV. Il est entendu, par rapport à la ligne de démarcation déterminée dans l'Article précédent: || 1. Que l'île dite Prince of Wales appartiendra toute 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. || VII. Il est aussi entendu que, pendant l'espace de dix ans, à dater de la signature de cette Convention, les vaisseaux des deux Puissances, ou ceux appartenans à leurs sujets respectifs, pourront réciproquement fréquenter, sans entrave quelconque, toutes les mers intérieures, les golfes, havres, et criques sur la côte mentionnée dans l'Article III, afin d'y faire la pêche et le commerce avec les indigènes.“

The Arbitrators 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 intendment 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.

The said Tribunal shall answer and decide the following questions:1. Referring to Article III of said Treaty of 1825 between Great Britain and Russia, was it intended thereby that the line of demarcation should be traced from the southernmost point of the island, now known as the Prince of Wales Island, along the parallel of 54° 40′ north latitude to the passage now commonly known and marked on the maps as the „Portland Channel," and thence along the middle of said channel northward until said northward line shall reach on the mainland of the continent the 56th degree of north latitude? || If not, how should said line be traced to conform to the provisions of said Treaty? || 2. In extending the line of de

marcation 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 when such line should 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, 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? || If not, how should said line of demarcation be traced to conform to the provisions of said Treaty?

Article V.

The Arbitrators shall assemble for their first meeting at

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 the President of the United States and Her Britannic Majesty shall by common accord extend the time therefor. The decision shall be made in writing and dated, and shall be signed by the Arbitrators assenting to the same. It shall be signed in duplicate, one copy whereof shall be given to the Agent of the United States of America for his Government, and the other to the Agent of Her Britannic Majesty for his Government.

Article VI.

When the High Contracting Parties shall have received the decision of the Arbitrators upon the questions submitted, as provided in the foregoing Articles, they will at once proceed with negotiations for the final adjustment and demarcation of the said boundary-line in conformity with such decision. || Should there be unfortunately a failure by the majority of the Arbitrators 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,