i.PPENDIX TO COUNTER-CASE OF GREAT BRITAIN. 413 



(w.) Page 89. The despatch of the Board of Administration of the 

 Russian-American Company (No. 81) of the 2oth January, 18G0, alluded 

 to (as above) in the said letter of the Chief Manager of the Ivussian- 

 American Colonies to the said Board, dated the IGth July, 18G3. 

 The Undersigned, &c. 



(Signed) Charles H. Tupper, 



Agent of Her Britannic Majesty in th.j behalf. 



To General the Hon. John W. Foster, 



A(jeiit of the United States^ &o. 



83 No. 7. 



Mr. Foster to Mr. Tupper. 



The Undersigned, Agent of the United States appointed to attend 

 the Tribunal of Arbitration convened under the provisions of the 

 Treaty concluded at Washington on the 29th February, 1892, between 

 the United States and Her Britannic Majesty, herewith furnishes to 

 the Agent of Her Britannic Majesty copies of the following documeiits, 

 pursuant to two certain Notices delivered to the Undersigned on the 

 3rd day of October, 1892: 



1. A copy of the letter of the 4th April, 1881, referred to at p. 81 of 

 the Case of the United States. 



2. The Report of Treasury Agent Goff for the year 1889, mentioned 

 on p. 153 and p. 343 of the Case of the United States. 



With regard to the letters and documents referred to in section No. 

 2 of one of said Notices (in which section said letters and documeuts 

 are designated as those mentioned in the correspondence quoted at pp. 

 48 to 90 of the United States Case, Appendix, vol. i), the Undersigned 

 begs to make the following statement: 



They do not, in his opinion, come within the class of documents of 

 which copies may be applied for under said Treaty, for the reason that 

 they are contained, not in the Case of the United States, but in a vol- 

 ume of the Appendices to said Case. Article IV limits the documents 

 copies of which may be applied for to such as are specified or alluded 

 to in the Case of either party; and the preceding Article clearly dis- 

 tinguishes between the Cases of the two parties and "the documents, 

 official correspondence, and other evidence on which each (party) relies," 

 or, in other words, the Appendices to said Cases. 



Apart from this, an interx)retation of Article IV which would con- 

 cede to one party the right to call for documents referred to in the 

 Appendices of the Case of the other party might result in imposing 

 npon the latter the burden of a long and difficult search, such as the 

 Undersigned believes it cannot have been the intention of the parties 

 to place upon one another. An instance of how great this burden 

 might be is aflbrded by the request of the Agent of Her Britannic 

 Majesty herein referred to. 



The Undersigned, however, regardless of the question of strict right, 

 is desirous to furnish to the Agent of Her Britannic Majesty coi)ies of 

 all documents which he has signified his wish to examine, and which 

 it is within the reasonable ability of the Undersigned to furnish. He 

 therefore presents herewith copies of such of those documents specific- 

 ally referred to in said section No. 2 as are in the ijos.sessiou of the 

 United States Government, to wit, those designated as follows: (d), (g), 

 ('0, (0, iP), (*), (0, (w), {V), and {w}. 



