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THE COUNTER CASE OF THE UNITED

STATES.

INTRODUCTORY STATEMENT.

The United States, pursuant to the provisions of Article II of the treaty of January 24, 1903, herewith submits to the Tribunal created thereunder, its printed Counter Case and additional documents, correspondence and evidence, in reply to the printed Case, documents, correspondence and evidence presented to the Tribunal on behalf of Great Britain.

The United States, considering that the scope of the printed Cases was to set forth the positions of the respective governments as to the matters in controversy without reference to the attitude heretofore taken by the other, did not in its printed Case anticipate the claim which it was presumed would be advanced by the British Government, or adduce evidence to controvert the same. Furthermore, had such a course, in the opinion of the United States, been in accord with the intent of the treaty of January 24, 1903, that government would have been embarrassed in pursuing it by reason of the varied and conflicting claims, which have been from time to time in recent years advanced by public men and writers in Canada, as to the delineation of the boundary line now under consideration. As a further reason for avoidance of such a course by the United States, the Government of Great Britain had never officially indicated which, if any, of the several lines heretofore proposed by Canadian statesmen, writers and cartographers would receive its official approval and support.

Under these circumstances the United States deems that it would have been inappropriate on its part to have followed a method of treatment based solely upon conjecture as to the attitude which would be assumed by His Majesty's Government. Moreover, since the attitude of Great Britain was uncertain, the concessions which might be made on her part were equally so. It was, therefore, a matter of speculation how relevant and how material, if at all, would be evidence establishing British and Canadian acquiescence in, and agreement with, the interpretation placed upon the treaty of 1825 by the l'nited States, until the British Government had distinctly defined its position in the Case, which it has submitted to this Tribunal.

The L'nited States, therefore, in this Counter Case presents to the Tribunal the evidence of such acquiescence by British authorities and subjects in the boundary line set forth in the Case of the United States, together with such other evidence as substantiates the reply of the l'nited States to the claim of Great Britain or such as is in rebuttal of the evidence adduced in the British Case.

THE BRITISH NEGOTIATIONS OF 1823-1825.

The l'nited States has no further evidence to present as to the course of the negotiations which took place between Great Britain and Russia during the years 1823, 1824 and 1825; but since there have been submitted to the Tribunal in the British Case certain documents bearing upon this subject it becomes necessary to consider them in connection with the statement already made in the Case of the l'nited States. It is, however, contended that this additional evidence in no way alters any material allegation made in the Case, but on the contrary confirms and strengthens the position therein set forth.

The first document submitted by Great Britain and not included in the Appendix to the case of the United States is a memorandum enclosed in the letter of Mr. J. H. Pelly, the deputy governor of the Hudson's Bay ('ompany, to Mr. Canning, dated September 25, 1822." It contains comments upon the grounds advanced by M. de Poletica in his correspondence with Secretary of State Adams. in support of Russia's claim to the Northwest Coast as far south as 31 north latitude. The memorandum, while it forms part of the correspondence, does not bear upon any question at issue before this Tribunal, other than to show that the officers of the Hudson's Bay Company examined the narratives of Cook, Vancouver, Meares, and Portlock for the purpose of traversing the argument of M. de Poletica, which it was natural to suppose would be reiterated in the approaching negotiations between Great Britain and Russia.

The second document demanding attention is a letter of July 25,

« British (ase, App., p. 25.

Il'. s. (ase, App., l'p. 32-38.

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