gentlemen who are not Judges, and whose known views leave no room for expectation of a judical consideration of the question, changes the whole situation. If the whole question were now open to be dealt with entirely from the point of view of Canadian interests, my Ministers would hesitate to advise any further participation in proceedings. . . . || My Ministers have observed from the public press, and have also been officially informed that while the matter is still under their consideration, the Treaty has been confirmed by His Majesty's Government, and an exchange of ratifications has already taken place at Washington. It is presumed that this fact precludes further discussion, and my Ministers will, therefore, proceed to do whatever is necessary on their part to make good the engagements of His Majesty's Government, but they must reserve the right to submit to the Canadian Parliament the whole correspondence, or such statement of the case as will fully explain the whole matter, and especially the manner in which the assent of Canada was obtained. || My Ministers do not agree with the suggestion that the altered circumstances justify a departure on the British side from the disposition previously manifested respecting the composition of the Tribunal. If members of the Tribunal are to be appointed by His Majesty's Government, my Ministers are of opinion that only Judges of the higher Courts, who in the best sense of the words would be impartial jurists of repute, should be chosen.

Nr. 13224. GROSSBRITANNIEN.

selbe.

Derselbe an Denselben. Das

Ottawa, March 7, 1903.

(Telegraphic.) || In view of the short time given for preparation of the case, my Ministers desire to proceed immediately, and therefore suggest an early settlement of preliminaries. || As to the composition of Tribunal, my Ministers suggest Chief Justice of England and two Canadian Judges, names to be telegraphed hereafter.

Nr. 13225. GROSSBRITANNIEN. Das Kolonialamt an das Ausw. Amt. Zusammensetzung des Schiedsgerichts.

Downing Street, March 9, 1903. (March 9.)

(Extract.) | With reference to the letter from this Department of the 7th instant respecting the composition of the Alaska Boundary Commission, I am directed to transmit to you, to be laid before the Marquess of Lansdowne, copy of a telegram from the Governor-General of Canada, suggesting the

appointment of the Lord Chief Justice of England and two Canadian Judges as the British members of the Tribunal. It is presumed that Lord Lansdowne will concur in this suggestion, and that he will take the necessary steps to ascertain whether Lord Alverstone will be willing to act as the senior British member of the Tribunal.

Nr. 13226. GROSSBRITANNIEN. Das Ausw. Amt an das Kolonialamt. Antwort auf das vorige.

Foreign Office, March 11, 1903.

Sir, || With reference to your letter of the 9th instant, I am directed by the Marquess of Lansdowne to state, for the information of the Secretary of State for the Colonies, that the Lord Chief Justice has consented to serve as one of the British members of the Alaska Boundary Tribunal. I am therefore to suggest that a telegram should at once be addressed to the Governor-General of Canada, informing him that His Majesty's Government agree to the proposal of the Dominion Government that the Lord Chief Justice and two Canadian Judges should be appointed. || I am further to state that Lord Lansdowne has no objection to the Canadian Government retaining the control and preparation of the British Case and its defence and prosecution before the Tribunal, and they might be informed that every facility will be given to the gentlemen nominated by them as Counsel and Agent. || Lord Lansdowne thinks that it will no doubt be desirable to obtain the assistance and co-operation of the Law Officers of the Crown. He presumes the Secretary of State for the Colonies will deal with this point. F. H. Villiers.

Nr. 13227. GROSSBRITANNIEN. — Der Generalgouverneur von Kanada an den Kolonialminister. Ernennungen

der Schiedsrichter.

Government House, Ottawa, March 17, 1903.

Sir, In confirmation of my telegrams, I have the honour to inform you that my Government has appointed his Honour Sir Louis Amable Jetté, K.C.M.G., Lieutenant-Governor of the Province of Quebec, and Mr. Justice Armour, Puisne Judge of the Supreme Court of Canada, as the Canadian. members of the British Tribunal under the recently ratified Alaska Boundary Treaty. || My Government has also appointed the Honourable Clifford Sifton, Minister of the Interior, as Agent; and Mr. Edward Blake, M.P., of London, and Mr. Christopher Robinson, K.C., of Toronto, as Counsel..

Mr. Joseph Pope, C.M.G., Under-Secretary of State, Mr. W. F. King, Chief Astronomer, and Mr. Wade, K.C., will be attached to the Commission, and, together with Mr. Sifton, will sail for England by the steam-ship „Cedric," leaving New York on the 25th instant.

Minto.

Nr. 13228. GROSSBRITANNIEN and VEREINIGTE STAATEN.

Schiedsspruch.

Whereas by a Convention signed at Washington on the 24th day of January, 1903, by Plenipotentiaries of and on behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and of and on behalf of the United States of America, it was agreed that a Tribunal should be appointed to consider and decide the questions hereinafter set forth, such Tribunal to consist of six impartial Jurists of repute, who should consider judicially the questions submitted to them, each of whom should first subscribe an oath that he would impartially consider the arguments and evidence presented to the said Tribunal, and would decide thereupon according to his true judgment, and that three members of the said Tribunal should be appointed by His Britannic Majesty and three by the President of the United States: || And whereas it was further agreed by the said Convention that the said Tribunal should consider in the settlement of the said questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias, under date of the 28th (16th) 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, and V of the first-mentioned Treaty, and should also take into consideration any action of the several Governments or of their respective Representatives, preliminary or subsequent to the conlusion of the said Treaties so far as the same tended to show the original and effective understanding of the parties in respect to the limits of their several territorial jurisdictions under and by virtue of the provisions of the said Treaties: || And whereas it was further agreed by the said Convention, referring to Articles III, IV, and V of the said Treaty of 1825, that the said Tribunal should answer and decide the following questions: 1. What is intended as the point of commencement of the line? || 2. What channel is the Portland Channel? || 3. What course should the line take from the point of commencement to the entrance to Portland Channel? || 4. To what point on the 56th parallel is the line to be drawn from the

head of the Portland Channel, and what course should it follow between these points? | 5. In extending the line of demarcation 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 conditions that if such line should anywhere exced 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 the said Convention of 1825 that there should remain in the exclusive possession of Russia a continuous fringe, or strip, of coast on the mainland, not exceeding 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? || 6. If the foregoing question should be answered in the negative, and in the event of the summit of such mountains proving to be in places more than 10 marine leagues from the coast, should the width of the lisière, which was to belong to Russia, be measured (1) from the mainland coast of the ocean, strictly so-called, along a line perpendicular thereto, or (2) was it the intention and meaning of the said Convention that where the mainland coast is indented by deep inlets forming part of the terrritorial waters of Russia, the width of the lisière was to be measured (a) from the line of the general direction of the mainland coast, or (b) from the line separating the waters of the ocean from the territorial waters of Russia, or (c) from the heads of the aforesaid inlets? || 7. What, if any exist, are the mountains referred to as situated parallel to the coast, which mountains, when within 10 marine leagues from the coast, are declared to form the eastern boundary?

And whereas His Britannic Majesty duly appointed Richard Everard, Baron Alverstone, G. C.M.G., Lord Chief Justice of England, Sir Louis Amable Jetté, K.C.M.G., Lieutenant-Governor of the Province of Quebec, and Allen Bristol Aylesworth, one of His Majesty's Counsel; and the President of the United States of America duly appointed the Honourable Elihu Root, Secretary of War of the United States, the Honourable Henry Cabot Lodge, Senator of the United States from the State of Massachusetts, and the Honourable George Turner, of the State of Washingten, to be members of the said Tribunal: || Now, therefore, we, the Undersigned, having each of us first subcribed an oath, as provided by the said Con

vention, and having taken into consideration the matters directed by the said Convention to be considered by us, and having judicially considered the said questions submitted to us, do hereby make Answer and Award as follows:

In answer to the 1st question || The Tribunal unanimously agrees that the point of commencement of the line is Cape Muzon.

In answer to the 2nd question The Tribunal unanimously agrees

that the Portland Channel is the channel which runs from about 55° 56' north latitude, and passes to the north of Pearse and Wales Islands. || A majority of the Tribunal, that is to say, Lord Alverstone, Mr. Root, Mr. Lodge, and Mr. Turner, decides that the Portland Channel, after passing to the north of Wales Island, is the channel between Wales Island and Sitklan Island, called Tongass Channel. The Portland Channel above mentioned is marked throughout its length by a dotted red line from the point B to the point marked C on the map signed in duplicate by the Members of the Tribunal at the time of signing their decision.

In answer to the 3rd question || A majority of the Tribunal, that is to say, Lord Alverstone, Mr. Root, Mr. Lodge, and Mr. Turner, decides that the course of the line from the point of commencement to the entrance to Portland Channel is the line marked A B in red on the aforesaid map.

In answer to the 4th question - || A majority of the Tribunal, that is to say, Lord Alverstone, Mr. Root, Mr. Lodge, and Mr. Turner, decides that the point to which the line is to be drawn from the head of the Portland Channel is the point on the 56th parallel of latitude marked D on the aforesaid map, and the course which the line should follow is drawn from C to D on the aforesaid map.

In answer to the 5th question - || A majority of the Tribunal, that is to say, Lord Alverstone, Mr. Root, Mr. Lodge, and Mr. Turner, decides that the answer to the above question is in the affirmative.

Question 5 having been answered in the affirmative, question 6 requires no answer.

In answer to the 7th question -A majority of the Tribunal, that is to say, Lord Alverstone, Mr. Root, Mr. Lodge, and Mr. Turner, decides that the mountains marked S on the aforesaid map are the mountains referred to as situated parallel to the coast on that part of the coast where such mountains marked S are situated, and that between the points marked P (mountain marked S, 8,000) on the north, and the point marked T (mountain marked S, 7,950), in the absence of further survey, the evidence is not sufficient to enable the Tribunal to say which are the mountains parallel to the coast within the meaning of the Treaty.

Staatsarchiv LXX.

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