fJass t^ I jL, ALASKAN BOUNDARY TRIBUNAL. THE CASE OF THE UNITED STATES BEFORE THE TRIBUNAL CONVENED AT LONDON UNDER THE PROVISIONS OF THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN CONCLUDED JANUARY 24, 1903. WASHINGTON : GOVERNMENT PRINTING OFFICE. 1903. P-I JLi> FEB 13 1904 D.ofD. V CONTENTS OF THE CASE. Page. Introductory statement 1 The Northwest Coast of America 4 The ukase of September 4/16, 1821 9 The negotiations of 1822 and 1823 11 The American negotiations of 1824 36 The British negotiations of 1824 and 1825 40 Kesults of the negotiations 63 Negotiations between the United States and Russia relating to a renewal of trading privileges 69 Russian occupation 72 Control of the Indians 73 The conduct of tlie fur trade 75 The affair of the Dryad 77 Surveys along the lisihr 80 Cession of the territory to the United States 82 The evidence of the maps 84 American occupation. Administration of the mihtary authorities 86 Operations of the navy 90 Exercise of jurisdiction by judicial authorities 95 Exercise of authority by revenue officers 97 Scliools, census, mines, and control of the Indians 99 Statement in conclusion 102 III THE CASE OF THE UNITED STATES. INTRODUCTORY STATEMENT, The United States and Great Britain entered into a convention at Washington on Januai*}' 24, 1903, whereby the}' created a tribunal to consider and decide certain questions as to the delimitation of the boundary line between the Territory of Alaska and the British Pos- sessions in North America, which had been the sul)ject of controversy between the high contracting parties since 1898. The third and fourth articles of the convention provide as follows: Article III. It is agreed by the high contracting parties that the tribunal shall cone^ider in the settlement of the questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Eussias under date of 28/16 February, A, D. 1825, and between the United States of America and the Emperor of All the Russias concluded under date of March 30/18, A. D. 1867: and particularly the Articles III, IV, V, of the first-mentioned treaty, which in the original text are word for word as follows: "La ligne de demarcation £ntre les possessions des hautes parties contractantes sur la cote du continent et les iles de I'Amerique Nord-Ouest, sera tracee ainsi qu'il suit: "A partir du point le plus meridional de I'lle dite Prhice of Wales, lequel point se trouve sous la parallele du 54""= degre 40 minutes de latitude Nord, et entre le 131'™ et 133""-' degre de longitude Quest (Meridien de Greenwich), la dite ligne remontera au Nord le long de la jjasse dite Portland Channd, jnsqu'au point de la terre ferme ou elle atteint le 56'"" degre latitude Nord; de ce dernier point la ligne de demarcation suivra la crete des montagnes situees parallelement a la cote, jus(iu'au point d' intersection du 131""" degre de longitude Quest (meme Meridien), et tinalement, du dit point d' intersection, la meme ligne meridienne du 141'"<= degr6 formera, dans son prolongement jusqu'a la Mer Glaciale, la limite entre les possessions russes et britanniques sur le continent de I'Amerique Nord-Ouest." 21528—03 1 1 2 THE CASE OF THE UNITED STATES. IV. " II est entendu, par rapport a la ligne de doiuarration determinee dans Particle precedent; "1. Que I'lle dite Prince of ^yales appartiendra toute entiere ii la Eussie. "2. Que partout ou la crete des montagnes qui s'^tendent dans une direction parallcle a la cute depuis le 56me degre de latitude Hord au point d' intersection du 141 me degre de longitude ouest, se trouveroit a la distance de plus de dix lieues marines de I'oc^an, la limite entre les Possessions Britanniques et la lisiere de cote mentionnee ci-dessus comme devant appartenir a la Eussie, sera form^e par une ligne paralC'le aux sinuosites de la cote, et qui ne pourra jamais en etre eloign^e que de dix lieues marines." V. "II est convenu, en outre, que nul etablissement ne sera forme par I'une des deux Parties dans les limites que les deux Articles precedens assignent aux possessions de I'autre. En consequence, les sujets britanniques ne formeront aucun Etablissement soit sur la cote, soit sur la lisiere de terre ferme comprise dans les limites des posses- sions russes, telles qu'elles sont designees dans les deux Articles precedens; et, de meme, nul etablissement ne sera forme par des sujets russes au-dela des dites limites." The tribunal shall also take into consideration any action of the several govern- ments or of their respective representatives preliminary or subsequent to the conclu- sion of said treaties, so far as the same tends to show the original and effective under- standing of the parties in respect to the limits of their several territorial jurisdictions under and by virtue of the i>rovisions of said treaties. Article IV. Eeferring to Articles III, IV, and V of the said treaty of 1825 the said tribunal shall answer and decide the following questions: 1. What is intended as the )>oint of commencement of the line? 2. "What cliannel 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 tlu' 56th parallel is the line to l)e 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 par- allel of the 56th degree of north latitude, following the crest of the mountains sit- uated ])arallel to the coast until its intersection with the 141st degree of longitude west of (Treenwich, subject to the condition that if such line should anywhere exceed the distance of ten marine leagues from the ocean then the boundary between the British and the Eussian territory should be formed by a line parallel to the sinuosities of the coast and distant therefrom not more than ten marine leagues, was it the intention and meaning of said convention of 1825 that there should remain in the exclusive i)ossession of Eussia a continuous fringe or strip of coast on the mainland, not exceeding ten marine leagues in width, separating the British Pos- INTKODKCTORY STATEMENT. d sessions from the bays, ports, inlets, havens, and waters of tlie 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 sumunt of such mountains proving to be in places more than ten marine leagues from the coast, should the width of the lisiere 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 con- vention that where the mainland coast is indented by deep inlets, forming part of the territorial waters of Russia, the width of the lisiere was to be measured (a) from the line of the general direction of the mainland coast, or (b) from the line separat- ing 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 ten marine leagues from the coast, are declared to form the eastern boundary? The United States herewith submits to the Tribunal the printed Case, provided for b}^ Article II of the convention, together with the documents, the official correspondence, and other evidence upon which it relies. But it speciiicalh" reserves the right to present hereafter to the Tribunal such other evidence as it may properly do under the pro- visions of Article II, either obtained from Great Britain upon demand or in pursuance of any notice given of its intended introduction I)}' reference thereto in the printed Case. The printed Case will consider and treat the subject of the contro- vers}' as follows: (1) The historical facts concerning the Northwest Coast of America prior to 1821, which led up to the controversy of Russia with the United States and Great Britain; (2) the diplomatic negotia- tions between the three nations, which culminated in the treaties of 1821 and of 1825; (3) the results of the negotiations; (4) the negotiations between the United States and Russia following the expiration of the reciprocal trade privilege granted by the treaty of 1824; (5) the occupation of the territorv by Russia up to the year 1867; (0) the cession of Alaska to the United States in 1807. and the universally accepted interpretation of the treaty provisions delimiting the boundary prior to and at the time of the cession; and (7) the complete, continuous, and undisturbed occupation of the territory by the United States since the cession from Russia. The printed Case is accompanied ])y an A})pendix containing the historical, geographical, and topographical evidence in support of the 4 THE CASE OF THE UNITED STATES. statements nuide in the printed Case, and also l)y an Atlas of maps and charts in evidence and as explanatory of facts set forth on behalf of the United States. THE NORTHWEST COAST OF AMERICA. The Northwest Coast of America, extending from the Strait of Juan dc Fuca northward to the sixtieth parallel of north latitude, was the last seaboard of the continent to be occupied ))y Americans and Euro- peans. Its remoteness from the Atlantic ports and the difficulty of access to it by land made this region but little known to the world before the close of the eighteenth century. While England, France, and Spain had been planting colonies on the eastern side of the continent and were gradually extending their set- thnnents westward, Russia had pushed her way eastward across Siberia and reached the shores of the Facitic. Under the energetic rule of Feter the Great the exploration of the North Facilic Avas planned, but was not actually undertaken until after his death. In 1728 Vitus Bering," in command of an expedition fitted out by the Imperial Gov- ernment, discovered the strait between America and Asia, and reached the continent of North America in latitude 65"-' north. Thirteen years later this navigator made a second voyage in which he again sighted the continental shore. He explored the iVleutian chain and discovered the Commander Islands, upon one of which he was shipwrecked and died.'^ Numerous Russian traders and adventurers, induced l)}- the oppor- tunities otl'ered of obtaining furs for tlie Chinese market at Kiaivta/' made voyages into the regions visited by Bering, and b}" 1778, w^hen Capt. James Cook entered Bering Sea, the Russians were tirml v estab- « In the spelling of proper names the Report of the United States Board of Geo- graphic Names (Washington, 1901) and the Geographic Dictionary of Alaska, by Marcus Baker, (issued as Bulletin No. 1S7 of the United States Geological Survey, 1902) are followed. i> Burney's History of Northeastern Voyages of Discovery and of the Pearly Eastern Navigations of the Russians, London, 1819, pp. 130, 176, 183; Greenhow's Memoir on the Northwest Coast of America, in Senate Doc. 174, Twenty-sixth Congress, first session, p. 82. fCoxe's Rus-sian Discoveries between Asia and America (4th ed.), London, 1804, p. 466. THE NORTHWEST COAST OF AMERICA. 5 lislied throug-hout the Aleutian Islands/' In 1781 (ireoorv Shelikof, of Kylsk. and other Siberian nierehants, who had ])een engaged in the fur trade in eastern Asia, formed an association, and two years later three vessels were fitted out by them, which, under the comuiand of Shelikof. traversed the Pacitic to the peninsula of Alaska. The fol- lowing year this navigator erected a factory on Kadiak Island.'' With this station as a base he sent out expeditions to explore the neighbor- ing continent and establish trading posts at convenient points.'' Having continued his explorations for five years, and on his return to Siberia having received a medal and portrait from Catherine II in recognition of his services, Shelikof organized, in ITiH), at Irkutsk, the Shelikof Company, which under imperial patronage secured a partial monopoly of the American fur trade.'' Delaretf, who had been with the head of the company during his cruises, was made chief director, and Alexander Baranof was chosen to conduct the factories at Kadiak and Cooks Inlet. Two years later the latter became the manager of the company.' Meanwhile, independent traders had extended their operations to the continent, and the competition was working disaster to the Irkutsk Compan}', which had also suffered b}^ the death of Shelikof.'' The most powerful of these rivals were persuaded to unite their interests with the older association in 1798, under the name of "The Shelikof United Trading Company," but new competitors sprang up and con- tinued to demoralize the trade. ^^ The unfavorable conditions induced the United Company to attempt to secure an imperial grant of exclusive trade privileges in America and the Aleutian Islands.'' As a result of its efforts, there was promulgated on July 8, 1799, an imperial ukase, which organized the " Russian American Company," o Voyage to the Pacific Ocean under the direction of Cai)tain Cook and Others, London, 1784, Vol. Ill, pp. 359-883. ^ Coxe, p. 207 et seq. •'Coxe, pp. 269-292: Appendix, p. 251. (All references to "Appendix" are to the Appendix accompanying tliis Case unless otherwise stated. ) ''Alaska and Its Resource.s, William H. Dull, Boston, 1870, pp. 309,311. «'Dall., pp. 312, 314. /Historical Review of the Development of the Russian American Company, and of Its Operations up to the Present Time. P. Tikhmenief, St. Petersburg, 18t)l, Vol. I, p. 61; Appendix, p. 253. f/Dall., p. 317. ''Dall, p. 318. 6 THE CASE OF THE UNITED STATES. and granted to it, for the term of twenty years, a monopoh' of the trade and the exclusive occupation of that part of the American coast north of the 55th degree of north Uititude, besides the Russian islands on both sides of the Pacilic Ocean and Bering Sea, the right to make discoveries, and to occupy new lands as Russian possessions on either side of the 55th parallel, not previously occupied by any other nation, and the authority to administer, fortify, and defend its colonies/' The ukase of 1799 created a colonial SA'stem similar in its essential features to that established in North America under the charter of the Hudson's Bay Company and in India by the East India Company. The Russian American Company became the representative of the monarch within the regions named in the ukase, possessing the sovereignty by delegation and exercising all the functions of govern- mental authorit3\ The oflice of the compan}^, originally at Irkutsk, was soon trans- ferred to St. Petersburg, where members of the imperial family became shareholders in the enterprise, insuring continuance of the favor and aid of the crown.* At the head of the colonial government was placed Baranof, the energetic director of the Shelikof Company, who ''main- tained for twenty years an absolute despotic sway over the colonies."'" In the same 3'ear in which the ukase was granted, Baranof pro- ceeded to Norfolk Sound (now known as Sitka Sound), where he erected a fortified post, which was su1)sequently captured by the natives, who massacred the garrison. In 1804 another fort was con- structed under Baranof's direction, a short distance from the s'ite of the one destroyed, which was named Fort Archangel ]N[ichael, the factory being called New Archangel.'^ From this new establishment the Russian American Company's traders were able to extend their operations through the archipelago l,ving southward of the 00th parallel of latitude, and along the continental shores opposite. While the ukase of 1799 accomplished its puri)ose in preventing the interference of other Russian traders with the monopoh' granted to the chartered company, it was ineffectual in keeping the trading « Appendix, p. 23. cDall, p. 319. 6Dall, p. 320. rfDall, p. 322; Appendix, p. 62. THE NORTHWEST COAST OF AMERICA. 7 vessels of the United Stutes from freqiientino- the islands and inland waters along the Northwest Coast and from trading- with the natives. The American traders conveyed their cargoes of furs to Canton, where thev disposed of them at large profits." The returns were such as to induce other merchants of the United States to engage in the industry, and from 1790 the number of vessels constantly increased.^ These independent traders uncjuestionably impaired the value of the Russian American Company's monopoly as they secured a considera- ble proportion of the skins sold ])y the natives. They were further favored in this competition by the advantage of being permitted by the Chinese authorities to dispose ot their furs at Canton, which possessed direct communication with the sea, and which was closed to the Russians. Attempts by the latter to open trade with that port had been made, but were futile.^' As a result, the Russian American Company was forced to transport their furs by ship to the Siberian coast and thence hundreds of miles overland to the border town of Kiakta. Under such conditions the American traders secured a decided advantage over their competitors. Baranof. however, instead of incurring the enmity of his rivals, endeavored to turn their facilities for trade with China to account by employing them to carry the company's furs to Canton and sell them on commission. While the comj)any thus found it prolitable to pre- serve amicable relations with the Americans, the latter were, neverthe- less, a source of annoyance to the chief director through using fire- arms and annnunition as articles of barter with the natives. The increase in this traflic finally caused Russia, through its representative at Washington, to call the attention of the United States Government to the course pursued b}^ its traders. In 1808 the Russian charge d'atiaires was directed by the Minister of Foreign Afi'airs to express "the hope that this UJiclf traffic" would meet Avith the disapprobation of the American Government, and that rigid orders would put a stop to it.^^ «A Statistical View, etc., of the United States, Thomas Pitkin, New York, 1817,. p. 2-19; A Narrative of Voyages, A. Delano, Boston, 1817, p. 306. ^ Appendix, p. 61. c Voyage Round the World in the Years 1803-1806, A. J. von Knisenstern, London, 1813, Vol. II, p. 341; Appendix, p. 64. f^ Appendix, p. 63. 8 THE CASE OF THE UNITED STATES. Conditions not improving, M. Daschkoff. the Russian charge, in 1810 renewed the representations formally made, and suggested that the United States Government prohibit, by statute or treaty, its citi- zens from trading with the natives on the Northwest Coast, confining their intercourse to the Russian factories. The negotiation, however, was postponed because M. Daschkoff was not empowered to fix a ))Oundary within which such a law should operate.^' Late in the same year Count Rezanoff' approached Mr. Adams, the American minister at St. Petersburg, upon the subject. He explained to Mr. Adams the disadvantages under which the Russian American Company labored in being debarred from the Canton market, and that it was the desire to carry on the trade l)y the intervention of American ships, but that on account of the ferocity of the savages along the Northwest Coast the trade in firearms and ammunition ought to be made contraband. Mr. Adams raised the same question of territorial limits to the proposal as had ])een done at Washington, and the Russian Minister of Foreign Affairs being unwilling to discuss that phase of the subject, the nego- tiations closed without result.* Having failed to secure the remedy of the evil through diplomatic channels, Baranof entered into an agreement with John Jacob Astor, who had established a trading post at the mouth of the Columbia River, to furnish the Russian American Company with supplies at fixed charges to be paid in furs, to transport the company's furs to Canton and dispose of them on commission, to act jointly against smugglers, and to prevent the sale of firearms and intoxicants to the natives. This agreement in October, 1811, received the imperial approval of Alex- ander I, but the second war between the United States and Great Britain prevented its being put in operation. ^ The state of affairs thus remained unchanged. The Russian Ameri- can Company continued to prosecute its trade, and, after the inter- ruption caused b}- the war with Great Britain, American vessels renewed their operations on the coast. In 1817 Baranof resigned the office of chief director and in April, 1819, died on his homeward voyage.'' « Appendix, p. 63. ^-Dall, p. 327. ^Appendix, p. 64 ''Dall, pp. 330, 331. THE UKASE OF SEPTEMBER 4/l(), 1S2I. 9 THE UKASE OF SEPTEMBER 4 i6, 1821. As the time foi- the expiration of the charter of the Russian American Company approached, its ati'airs became a matter of governmental concern, reforms in the manayvment were instituted and phins were foi'nuiiated to increase the prosperity of the colony and to secure the company in its monopoly of the trade." The chief cause affecting the trade and intercourse with the natives was the continued presence of the American trading ships, and to prevent this for the future^ the Emperor of Russia issued, on September 4 16, 1821, the following ukase, which was proclaimed by the Directing Senate three days later: EniCT OF HIS IMPERIAL MAJESTY, AUTOCRAT OF ALL THE RUSSIAS. » The directing Senate maketh known unto all men: "Whereas in an edict of His Imperial Majesty issued to the directing Senate on the 4th day of September, and signed by His Majesty's own liand, it is thus expressed: "Observing, from Reports submitted to us, that the trade of our subjects on the Aleutian Islands and on the northwest coast of America, appertaining unto Russia, is subject, because of secret and illicit traffic, to ojipression and impediments; and find- ing that the ]>rincipal cause of these difficulties is the want of rules estal)lishing the boundaries for navigation along these coasts, and the order of naval communication, as well in these places as on the whole of the eastern coast of Siberia and the Kurile Islands, we have deemed it necessary to determine these communications by specific Regulations, which are hei'eto attached. In forwarding these Regulations to the directing Senate, we command that the same be published for universal information, and that the proper measures be taken to carry them into execution. (Signed) Count D. Gurieff, Min ister of Finances. It is therefore decreed by the directing Senate that His Imperial Majesty's Edict be published for the information of all men, and that the same be obeyed by all whom it may concern. [The original is signed by the directing Senate.] Printed at St. Petersburgh. In the Senate, the 7th September, 1821. [On the original is written, in the handwriting of His Imperial IMajesty, thus:] Be it accordingly. . (Signed) Alexander. Kamenxov Ostroff, September 4, 1821. «Dall, pp. 331, 332. ^'Appendix, pp. 38, 101. 10 THE CASE OF THE UNITED STATES. RULES ESTABLISHED FOR THE LIMITS OF NAVIGATION AND ORDER OF COMMUNICATION ALONG THE COAST OF THE EASTERN SIBERIA, THE NORTHWEST COAST OF AMERICA, AND THE ALEUTIAN, KURILE, AND OTHER ISLANDS. § 1. The pursuits of commerce, whaliug, and tishery, and of all other industry on all islands, posts, and gulfs, including the whole of the northwest coast of America, beginning from Behring Straits to the 51° of northern latitude, also from the Aleu- tian Islands to the eastern coast of Siberia, as well as along the Kurile Islands from Behring Straits to the south cape of the Island of Urup, viz, to the 45° 50^ north lat- itude, is exclusively granted to Eussian subjects. § 2. It is therefore prohibited to all foreign vessels not only to land on the coasts and islands l^elonging to Russia as stated above, but also, to approach them within less than 100 Italian miles. The transgressor's vessel is subject to confis- cation along with the whole cargo. § 3. An exception to this rule is to be made in favour of vessels carried thither by heavy gales, or real want of provisions, and unable to make any other shore but such as belongs to Russia; in these cases, they are obliged to produce con- vincing proofs of actual reason for such an exception. Shi^js of friendly Govern- ments, merely on discoveries, are likewise exempt from the foregoing Rule 2. In this case, however, they must be previously provided with passports from the Russian [Minister of the Navy. § 4. Foreign merchant-ships which, for reasons stated in the foregoing rule, toiach at any of the above-mentioned coasts, are obliged to endeavour to choose a place where Russians are settled, and to act as hereafter stated. ******* § 12. It is prohibited to these foreign ships to receive on board, without special permission of the Commanders, any of the people in the service of the Companj', or of the foreigners living in the Company's Settlements. Ships jjroved to have the intention of carrying off any person belonging to the Colony shall be seized. § 13. Every purchase, sale, or barter is prohibited betwixt a foreign merchant-ship and people in the service of the Company. This prohibition extends equally to those who are on shore and to those employed in the Company's ships. Any ship acting against this rule shall pay five times the value of the articles, stores, or goods constituting this prohibited traffic. § 14. It is likewise interdicted to foreign ships to carry on any traffic or barter with the natives of the islands, and of the northwest coast of America, in the whole extent here above mentioned. A ship convicted of this trade shall be confiscated. ******* Count D. Gurieff, 3finister of Finance. On September 13 25, 1821, another imperial ukase was issued con- tinuino- the privileo-os of the Russian American Company for twenty years, and renowin«- its monopol}" of the fur trade and fisheries "to the exclusion of all other Russians and of the subjects of foreign NEGOTIATIONS OF 1822 AND 1823. 1 1 States"'"' in the reoions named in the incorporating ukase of 1799, except that the southern limit on the American coast was extended from the o5th parallel southward to "the northern point of the Island of Vancouver, under 51"^ north latitude."^' Mr. Henry Middleton and Sir Charles Bagot, the ministers, respec- tively, of the United States and Great Britain at St, Peterlmrg, on the same da}' (September 21 October 3) wrote their governments of the promulgation of the ukase of September 4.^ It would appear from their dispatches l)eing of the same date and from the further fact that jVIr. Middleton inclosed to the Department of State a Rus- sian map with French notes similar to the one which Sir Charles Bagot forwarded to the British foreign office on November 17, 1821, with substantially the same annotations,'" that the two ministers had con- ferred together as to the nature and etfect of the ukase and had come to a mutual understanding as to the importance of immediatelj^ noti- fying their governments of its issuance. THE NEGOTIATIONS OF 1822 AND 1823. The ukase was officially communicated to the governments of the United States and Great Britain by the Russian ministers at Washing- ton and London. The note of Baron de Nicola}' to the Marquis of Londonderry bears date October 31 November 12, 1821,'' and that of M. de Poletica to Secretary Adams, January 3<) February 11, 1822.'' The purpose of these communications was to inform the two govern- ments of the date after which vessels clearing from American or Brit- ish ports would be presumed to be cognizant of the regulations accom- panying the ukase, and, therefore, liable to their provisions. The note to the British Secretary of State for Foreign Affairs dis- cussed the rights of Russia in the North Pacific Ocean and Bering- Sea and declared that the ukase was issued to secure the Russian American Company from the invasion of its privileges by foreigners who '"'have not only as an object a fraudulent trade in furs and other articles exclusively reserved to the Russian American Company," Init who ''furnish arms and ammunition to the natiA'es in the Russian Pos- « Appendix, pp. 26, 27. '^Appendix, pp. 31, 101. '^ Appendix, pp. 31, 101. ^lap Xo. 6 in Atlas accompanying this Case. ^' Appendix, p. 95 <■ Appendix, p. 31. 12 THE CASE OF THE UNITED STATES. sessions of America,'" thus exciting them to resist the authorities." The Russian minister further added that it was not the intention to prohibit foreign vessels from navigating the seas along the Russian possessions, but only to insure to the Russian American Company the enjo3'ment of its charter rights. The language used in this note is substantially the same as that of a dispatch from Count Nesselrode, the Russian Minister of Foreign Atlairs, to Count Lieven, written October 7 19,* and, therefore, expressed the views of the Imperial Government. The unusual assertion l)y the ukase of sovereignty over waters within 100 miles of the Russian coasts was repugnant to the British idea of international right and subversive of the coumiercial interests of British subjects, although at the time there was substantially no trade by British ships with the Northwest Coast or through the seas adjacent. The opinion of the law ofhcers of the Crow^n was sought, and they declared the Russian pretension contrary to the law^s of nations,' Information was also secured from those interested in the whale fisheries,-' the only line of British industry wliich might possibly be affected by the enforcement of the ukase. Meanwhile Sir Charles Bagot comnmnicated to the Foreign Office the substance of a conversation, which he had held with Count Nessel- rode in the early part of November, in which the Russian minister had informed him ''that the object of the measure was to prevent the ''commerce interlope' of the citizens of the United States, who were not only in the habit of resorting to the Russian coasts and islands in the Pacific, for the purpose of interfering in their trade with China in the lucrative article of sea-otter skins, but were also in the constant practice of introducing prohibited articles, and especially gunpowder, into the Russian dominions in that quarter,'' and that the American Government, upon receiving representations as to the character of the trade, had indicated that it would not oppose such measures as Russia found necessary for the suppression oft he traffic.'' Undoubtedlv the knowledge of the real intent of the ukase, as reported by the British minister at St. Petersburg, influenced his government in not promptlj^ <' Appendix, p. 96. V"est Company, and the priority of territorial rights, which, he claimed, resulted from these facts. The letter closes in the following language: "The fur trade of Great Britain, by an Act of last Session and grant from His Majestj^, is vested in the Hudson's Ba}' Company; I cannot, therefore, refrain from call- ing 3'our Lordship's attention to this matter as of considerable «The Remarkable History of the Hudson's Bay Company, George Bryce, London 1900, p. 396. ''Ibid, p. 355 et seq. 'The Great Company, p. 432. 'il and 2 George IV, chap. 66, Pickering's Statutes, Vol. LXI, p. 225. « Report from Select Conunittee on the Hudson's Bay Company, House of Com- mons, 1857, Reports of Connnittees, Vol XI, p. 425. /Appendix, p. 106. 21528—03 2 18 THK CASK <»F THE UNITED STATES. iinpoitaiK'O !it tho prcscMit inoinont. und not unlikek to lead to very unpleasant (Hcunerues at some future period, if no notice is taken of these proeeedino-.s of the Russian and American Governments, the «'tTect of which would be to exclude British subjects from the north- west coast of America, and a valuable trade in the interior. "« On September -25, 182:>, Mr. Pelly again addressed the Foreign Ollicc stating more in detail the interests of the Hudson's Bay Corn- pan v in the western part of North America. '^ Presumably this second letter was sent in view of the approaching departure of the Duke of Wellington, and the piobal»ility of the question being dis- eusM'd at W'Tona. as it is dated only two days before Mr. Canning's resume of the controversy, some statements of which are evidently ilerived from those of Mr. Felly.' The letter deals solely with the (lucstion of Kussia's territorial claims and does not refer to her assertion of maritime jurisdiction. At the outset Mr. Felly stated: "'It appears to the Directors of this Compan\^ that the claim of Kussia is not well founded, and as the interests of the Company and of the British fur trade would be essentially and greatly injured, should the claims of Russia be admitted by the British Gov- ernment. 1 feel it to be ineumbent upon me. in addition to the repre- >entations which I have already made upon this subject, to state briefly the progress of the British fur trade in that part of North America, and to ai)prise you of the forts or trading stations, situated to the north of the tifty-tir.st degree of north latitude, which are now occupied by th«> traders and servants of this comi)aiiy.'* Aftei' reciting the advance of the North-West Company beyond the Hocky Mountains and >tating that in ls-2\ the Hudson's Bay Company ••had ac.|uiie(l possession of all the forts and trading stations of that Association situated in New Caledonia," as well as in other parts of British North America, ho detailed the permanent posts of the company in New Caledonia. Their location is given as follows: The Rocky Mountain Fortage, oG- north latitude and 1:>1^ west longitude: Stewart's Lake, 54 80' north latitude and 125° west longitude: .McLi'od's Lake, 55- north latitude and 124 west longitude, and Fraser's Liike in 55 north latitude and al)out 127 west longitude. (The situation of these posts is given upon Mai) ^<»- 1 i'l the Atlas " Appendix, p. 107. ''Appendix, p. 109. 'Appendix, p. 111. NEdOTTATIONS OK 1S22 AND IS^.J. 19 aceompanviiio' this Cuso.) He further stnted tliut the eompaiiy'.s trade extended from 60 north latitude to the luoutli of the Fraser Kiver, in about hititude 4t> , "and between the Kockv Mountains and the sea;" that the traders of other nations had never been met in these regions: and that "the considerable rivers which fall into the Paeitie Ocean in this extent of coast" have not yet been sufiiciently explored to determine \vhether or not they are navigal)le; but that if they are it would be advantag'eous. as the company's experience on the Columbia had proven." The implication in the letter of the deputy governor is that the operations of the Hudson's Bay Comi)any extended between the Rocky ^Mountains and the ocean, and on the coast from the Fraser River to 56-. or even 60 , north latitude. The portion of Mr. Canning's communication, which is based upon Mr. Felly's statements, is that, while title by discovery may l)e fairly disputed with Russia, ""the much more certain title of actual occupa- tion by the agents and the trading servants of the Hudson's Bay Com- pany extends at this moment to many degrees of higher latitude on the noiihir,^ nxtst'' of America than is claimed as the territory of Russia by the Ukase in question." - Thus the idea, which Mr. Felly so adroitly introduced into his let- ter, although unfounded in fact and unwai'ranted ))y his own state- ment of the location of trading posts, is advanced b}' Mr. Canning as an argiuuent to be used in controverting the territorial claim of Russia. Octol)er 17, the Duke of Wellington handed to Count Nesselrode a confidential memorandum upon the ukase,"' in which he asserted that -'the nuich more easily proved, more conclusive, and more certain title of occupation and use ought to decide the claim of sovereignty." He added: "Now^ ire ran prove'' that the P^nglish North- West Com- pany and the Hudson's Ba}^ Company have for man}' years established forts and other trading stations in a countr}- called New Caledonia, situated to the west of a range of mountains called Rocky Moun- ttiins, and extending ahiiKj f/ir s/io/'es of flic Pnelp'r fi-om Inf/fiuJc J^O- to lat'itndeGO-r'' "Appendix, p. 110. '• Appendix, p. 1 11. ''Not italicized in the oriiiinal. ''Ap{)endix, p. ll.'J. .JO THE CASE OF THE UNITED STATES. 'riu> iinpliciition of Mr. IVHv i.s here stated tis an estaUished fact, and ujx.n it \V(dlinoton made the a.ssertion. "we have the indisputable ,.laini of occupan.y and use for a series of years, which all the best writer- on tlir laws of nations admit is the best founded claim to a territory (»f this description.'"" From this time forward in the negotiations Great Britain continued to insist that this condition of occupancy existed. Its foundation seems to have V)een lost sight of in the belief that a substantial claim of possession had been established in accord with the recognized prin- ciples of international law. Count Nesselrode replied to this memorandum on November 23, 1822.'' stating that Russia would not dispute the existence of British settlements between the -iyth and 51st parallels, which were outside of the possessions claimed l)y his government, but that "even the most recent and complete English maps do not show a single trading- post mentioned in the memorandum of October IT on the coast of America between the fifty -first and sixtieth degree of north latitude." But he said, that in order to prevent further contention tlie Emperor had directed his cabinet to state to the Duke of \yellington that he was ready to settle by negotiation the limits of the Russian and British pos.se.ssions on tiie Northwest Coast. This pi-oposition, however, was not acceptable to Great Britain, for it limited the subject of the negotiations to the question of establishing a iM.midaiy line, and this to the British Government was the least inipuriaiit element in the dispute. As late in the negotiations as Decemlter .s, ls24. Mr. (ieorge Canning, in his letter of instructions to Mr. Stratford Canning,' wrote: "The whole negotiation grows out of the ukase of 1,sl>1. So entirely and absolutely true is this proposition that the settlement of the limits of the respective possessions of Great Britain and Russia on the northwest coast of America was proposed by us otdy as a mode of facilitating the adjustment of the difference arising from the ukase by enabling the court of Russia, under cover of th.' in..reconipicliensiv<- arrangement, to withdraw, with less appear- ance of concession, the offensive pretentions of the edict." It is clear that what (ireat Britain sought above every other consideration was the formal reiu uiciation of the extensive maritime jurisdiction assumed « Appendix, p. 114. & Appendix, p. 115. <^ Appendix, p. 208. NEGOTIATIONS OF 1822 AND 1823. 21 by the ukase. The Duke of Wellington, in accordance with this view, declined the otfer to negotiate upon the subject of the l)oundary alone, and after restating the objections of Great Britain to the ukase, suggested as the best mode of settling the controversy that Russia should announce her readiness to negotiate upon the whole subject." The day following (November 29), in an interview with the Russian representatives, it was determined that the memoranda exchanged "should be considered non ave/ius,^^ and that Count Lieven on his return to London should, in a reply to a note received some months before from the Marquis of Londonderry, state the desire of the Emperor to negotiate with Great Britain upon the whole question.* Count Lieven, before leaving Verona, was directed l)y his govern- ment to proceed in accordance with this agreement, and upon his arrival in London he addressed Mr. Canning a note, dated January 19 31, 1823, in which it was proposed to temporarily waive the question of strict right and to adjust the difl'erences raised by the ukase by an arrangement '" founded on the sole principle of nuitual expediency, to be negotiated at St. Petersburg.'''' Five days later Mr. Canning, who had already forwarded to Sir Charles Bagot, at St. Petersburg, on December 31, the instructions given to the Duke of Wellington and the latter's correspondence with the Russian representatives at Verona, inclosed to the British minister the note received from Count Lieven and directed him to open the nogotiations upon the basis of the instructions furnished the Duke of Wellington. Mr. Canning, on February 25. sent to Sir Cliarles a full power " to adjust the differences which have arisen in consequence of the ukase promulgated at St. Petersburg on the 1th September, 1821."'' He stated also that he had no further papers to add to those already fur- nished the British minister, except the two opinions of the law officers of the Crown, which had been prepared in 1821, shortly after the British Government had received official notice of the ukase.'' The negotiations of Russia with Great Britain were thus to be con- ducted at St. Petersburg, while those with the United States were to « Appendix, p. 116. t' Appendix, p. 118. ^ Appendix, p. 102. * Appendix, p. 117. '^Appendix, p. 119. 22 THE CASK OF THE UNITED STATES. be nin-iecl on at Washiiioton. The advantage of the same plenipoten- tiary eonductino- the negotiations with ))oth powers was apparent to tlie Russian (rovernment. With that purpose in view Baron de TuvU was ilirei'ted to request the United States Government to empower its minister at St. Petersburg to terminate the differences arising under the ukase, "on the prineipU^ of nuitual convenience." He did so within two weeks after his arrival in Washington," by a note dated April ;^4, lS:i8. aftei- having stated that the British minister at St. Petersburg had received the full power necessary for the negotiation.'' Mr. Adams, the Secretary of State, apprised Mr. Stratford Can- ning, the P)ritish minister at Washington, of the connuunication Avhich he had received, and "suggested whether it might not be advantageous for the P>ritish and American Governments, protesting as they did against the claims of Russia, to empower their ministers at St. Petersl)urg to act in the proposed negotiation on a connuon understanding." ]Mr. Adams further stated that although the Ignited States has no territorial claims as high as 51"^ north latitude, it was opposed to the Russian claim, and also to the asserted right of exclud- ing American citizens from trading with the natives in those regions and the "extravagant pretention to prohibit the approach of foreign vessels within loo Italian miles of the coast."' It is evident that the opposition of the United States to the territorial claims of Russia was because the right to restrict trade and to exercise jurisdiction over the neighl)oring seas depended solely upon territorial dominion. On May 7, ;i short time after his conversation with the British mniister, Mr. Adams notified Baron deTuyll that the President readily acceded to the proposal to transfer the discussion again to St. Peters- burg, and that the American minister would be furnished with full powers to conduct the negotiation.'' It was not until duly 22, however, that the full powers were sent to Mr. Middleton. '' Mr. Adams, in his instructions as to the conduct of the negotiation, stated the two subjects in controversy to be "the pre- tentions of the Imperial (Jovermuent * * * to an exclusive terri- torial jurisdiction from tlu^ forty-tifth degree of north latitude on the "Appendix, p. 120. <" Appendix, p. 120. ''A])iK'ii(lix, ]>. 4<). ''Appendix, p. 47. NEGOTIATIONS OF 1822 AND 182:5. 23 A.siatic coast to the latitude of iit'ty-one north on the western coast of the American continent;"" and the assumption of "the right of inter- dicting the navMjution and the tishery of all other nations to the extent of 100 miles from the whole of that coast."' The mention of the Russian claim on the Asiatic side of the ocean, to which neither the United States nor Great Britain could advance contending claims, shows that the right of free navigation was the important question involved in the controversy. Mr. Adams then pi-oceeded to consider the grounds upon which the Russian title rested, reviewing his own discussions with M. de Poletica, the earlier correspondence of 1S()8 and ISIO in relation to the traffic in tirearms and amunuiition, and the nuitual trade rights of the United States and Great Britain on the Northwest Coast established by the third article of the treaty of 1818. " He added: " You are authorized to propose an article of the same import for a term of ten years from the signature of a joint convention between the United States, Great Britain, and Russia.""'' Mr. Middleton was further instructed as follows: ''With regard to the territorial claim, separate from the right of traffic with the natives and from any system of colonial exclusions, we are willing to agree to the boundary line within which the Emperor Paul had granted exclusive privileges to the Russian American Company — that is to say, latitude 55 ."" The points which Mr. Adams desired to secure, namel3% the aban- donment by Russia of the claim over the sea within 100 miles of her territory, and a privilege for ten years of unrestricted trade for American citizens, together with the point he was willing to concede, namely, a boundary line at the 55th parallel of north latitude, beyond which neither nation should extend its settlements, he embodied in a draft of a convention. Avhich he inclosed, the pro- visions of which were substantially the same as those of the treaty finally concluded in 182-1. In accordance w^ith the suggestion which he had made to Mr. Strat- ford Canning, the letter of instruction contained the following: '^As the British Ambassador at St. Petersburg is authorized and instructed to negotiate likewise upon this subject, it may be proper to adjust « For treaty, see Treaties and Conventions between the I'nited States and Other Powers, Washington, 1889, p. 415. ^ Appendix, pp. 48-50. 24 THK CASE OF THE UNITED STATES. tho interests jind chiiins of the three powers by a joint convention. Your full power is prepared accordingly."" On the same day upon which he forwarded to Mr. Middleton his full power Mr. Adams sent a long- dispatch to the American minister at London, Mr. Rush, concerning the state of affairs existing- upon the Northwest Coast.'' He discussed the relations between the United States and Great Britain created by the treaty of 1818, the founda- tion of the title of the United States to the territory watered by the Colum])ia Kiver. and the territorial rights of Russia. After showing how nuich stronger was the American claim to pos- session than either the British or Russian claim, he made the follow- ing assertion, which is suggestive of the declaration contained in the famous message of President ]\lonroe sent to Congress in December of the same 3^ear: "It is not imaginable that, in the present condition of the world, any European nation should entertain the project of set- tling a colon ijow the northwest coast of America.'"'" He continued: "That the United States should form establishments there, with views of absolute territorial right and inland communication, is not only to be expected, but is pointed out by the iinger of nature."" This statement of the attitude of the United States toward future colonization bv European nations and of expected extension of Amer- ican settlements is peculiarh" important in determining the actual position of the United States in regard to Russia's title to her Ameri- can possessions. It was written upon the same day that the instruc- tions and the draft of treaty were sent to ]Mr. Middleton in which Mr. Adams tixcd the 55th parallel of north latitude as the northern limit of settleuients by the United States and as the southern limit of Russian occupation. The one conclusion is that he was convinced that Russia had already an established colony within the limits named in his treaty draft, and, therefore, an unassailable title to the territory. The Secretary of State also informed Mr. Rush that Mr. ^Middleton had been instructed and empowered to carry on negotiations with Russia as to the conflicting claims on the Northwest Coast, and he pro- posed that, as three nations were involved in the controversy, the United States and Great Britain should come to a mutual understand- ing as to their respective pretensions. Mr. Rush was furnished with "Appendix, p. 51. & Appendix, p. 52. c Appendix, p. 54. NEGOTIATIONS OF 1822 AND 1828. 25 the instructions sent to ]\Jr Middleton, and lie was directed "to con- fer freely with the British Government on the subject."" Mr. Adams, after reviewing the instructions to Mr. Middleton, authorized the American minister at London to propose to the British Government a stipulation that the United States should not make set- tlements north of latitude 51"^, that Russia should make none south of bo°, and Great Britain should make none north of 55-' or south of 51^.* Secretary Canning-, on July 12, 1823, forwarded to Sir Charles Bagot a copy of the dispatch of Mr. Stratford Canning of May 3, in which he stated Mr. Adams's proposal of joint action l)y the United States and Great Britain.'' In the letter transmitting this copy Mr. George Canning said: '' We have no precise information as to the views of the American Government, Mr. Rush not having yet received anj^ instruc- tions upon the subject. It seems probable, however, that the part of the question in which the American Government is peculiarly desirous of establishing a concert with this country is that which concerns the extravagant assumption of maritime jurisdiction. * * * Upon this point, therefore, such a concert as the United States are under- stood to desire will be peculiarly advantageous." Mr. Canning, however, deemed it wise not to give definite instruc- tions until he had been informed of the views of the American Gov- ernment. Of the territorial claim, he said that it was "perhaps susceptible of a separate settlement," and that "of the two principles on which the settlement could be made, viz, joint occupancy or terri- torial demarcation," the latter was "clearly preferable." He then suggested a line of demarcation at the 57th degree, "which," he said, "would be an arrangement satisfactory to us, and would assign to Russia as much as she can pretend to be due to her;" and he directed the British minister to find if such a basis would be agreeable to the Russian Government.'' Sir Charles Bagot, in view of the approaching departure of Count Xesselrode from St. Petersburg, deemed it advisable to inform him of the probable authorization of the American minister and himself to act jointly in negotiating the question of maritime jurisdiction raised b}" the ukase.' The announcement met with Count Nesselrode's hearty approval, and he stated that M. de Poletica, "supposed to be « Appendix, p. 55. ''Appendix, p. 120. « Appendix, p. 125. ^Appendix, p. 56. ''Appendix, p. 123. 2(> THE CASE OF THE UNITED STATES. the person most conversant with the whole question," would be prob- ably instructed to prepare the necessaiy materials so that the matter could be taken up immediately- upon his return to the capital. As to the territorial claim advanced by Russia, the British minister explained to Count Nesselrode that, as the Ignited States made no pre- tension to territory as far north as the 51st parallel, the question rested between (ireat Britain and Russia alone, and became, therefore, a matter for separate settlement between the two interested g-overn- ments. lie then, in accordance with his instructions, stated the two modes of settlement, and that the preference of the British Govern- ment was to lix a definite boundary line. Count Nesselrode coincided with this view, and assured Sir Charles ''• that the chief if not the only object of the Imperial Government was "to be upon some certainty in this respect."" In a second interview the British minister stated that, while Great Britain claimed to 59"^ of north latitude, a line drawn at 57^ would be acceptable, and that he believed that Russia had no settlement south of that line. In reporting the conversation to Mr. Caiuiing he said that he was not quite sure that this assertion was correct, since the map published in 1802 in the quartermaster-g-enerars department at St. Petersburg (Map No. 6 in the Atlas accompanying this Case) did not locate the '* Russian settlement of Sitka " very precisely, and it did not api)ear at all on the Arrowsmith map (see Maps Nos. 8 and 1(> in the Atlas acconq)anying this Case) sent to him from the Foreign Office. Count Nesselrode replied that he was not familiar enough with the subject to give an immediate answer, but that he would take the matter under consideration. Before his dispatch of August 31, 1823, in which these interviews were reported to the Foreign Office, had been sealed, Sir Charles Bagot was informed by Count Nesseli-ode that M. de Poletica had been connuanded by the Emperor to conununicate directly with the American and British ministers in regard to that part oi the ukase as to which it had been proposed to act jointly as soon as Mr. Mid- dleton had received his instructions.'' Mr. Middleton, on September 19, 1823,' had not received the expected lett(>r from the Department of State, but he had been informed by Count Nesselrode that advices from Baron de Tuvll inti- " Apin'iiilix, pjx 12f>-127. '^Appendix, p. 127. '■ ApjH'iidix, p. 5H. NEGOTIATIONS OF 1S22 AND 182:^. 27 matod that the negotiation was to he transferred to St. Petershury. and h}^ Sir CharUvs Bagot that Mr. Canning had ''eagerly caught at the proposition" of joint action, and that instructions to that ettect would undouhtedly he received from Washington. On August 22 Septeml)er 3, 1823, the dtiy on which he k^ft St. retersl)urg," Count Nesselrode notified Mr. MidcUeton of M. de Poh^tica's authorization to hegin conferences witii him for the purpose of preparing the way to a definite adjustment of the controversy.'' Mr. Adams's letter of instructions was finally received by Mr. Mid- dleton on October It!.' Although he did not connnunicate its contents to the British minister, the latter from conversations with his colleague concluded ''what," he said, he "had long had reason to suspect,'"' namely, that the Tnited States "so far from admitting that they have no territorial pretensions so high as the fifty-fir^t degree of north latitude and no territorial intei'est in the demarcation of the boundary between His Majesty and ihe Emperor of Russia to the noi'th of that degree," were prepared to assert equal pretensions with Great Britain and Russia to the whole coast as far north as the tJlst parallel and the right to be a party to any partition of that region. Sir Charles further reported that Mr. Middleton had confidentially informed him that the United States desired, upon th(^ assumption of the right to share in the di\ision of territory, that the three powers should enter into a joint convention to grant to each other, for a lim- ited period, the mutual rights of fishery and trade upon their respective coasts, and that he had, in fact, received the draft of a treaty to that efiect from his government."' This position of the United States, new so far as the I'epresentatives of (Jreat Britain were concerned, at once changed the attitude of these two nations toward each other in the controversy. As to the question of the maritime jurisdiction assumed by the ukase tluMr interests were identical, but in regard to the territorial claims involved they were quite dissimilar. Excepting the efforts of both to restrict Russian dominion over the ocean to the customary territorial limits and to preserve the freedom of the high seas for navigation — efforts which were natural to the two principal maritime nations of that '* Appendix, p. 56. '' Appendix, p. 57. 'Appendix, p. 129. ''Apjjendix, p. 130. Fur draft of treaty referred to, see Appendix, p. 51. 28 THE CASE OF THE UNITED STATES. period— the aim of the two powers, and of Russia also, was to secure the trade interests of their respective citizens and subjects in these regions. The American traders carried on their operations from the sea. It was of supreme importance to them that the,v should not be restricted from enterino- the inland waters and approaching the shores. The boundary line upon the coast was of small moment compared with obtaining this privilege of trade, though a claim of territor}' otiered a means of securing the former by mutual concession. The British fur traders, on the other hand, conducted their industry entiivly from the land side of the territory claimed b\^ Russia, onh" reaching the ocean far below SI"- north. Their interest on the coast above that parallel was speculative, depending upon the navigable character of the rivers flowing into the Pacific from the region where the}' had established trading posts, and the probabilit}' of a farther extension of their operations northward and westward. They pos- sessed no conunerce such as the Americans had enjoyed for thirty 3'ears along the coasts north of 51^; a prohibition of trade with that region would have worked no hardship to them. The interests of the British fur traders — in other words, the Hudson's Bay Company — lay in securing a line on the coast as far north as the latitude of their posts west of the Rocky Mountains, and in preventing an extension of Russian dominion so far eastward as to interfere with the trade of the Hudson's Bay Company along the Mackenzie River and its tributaries. The trade of the Russian American Company was thus menaced from the sea and from the land, and to it the rights over the terri- torial waters and the establishment of an inland boundary were equally essential in preventing the invasion by foreign fur traders of the coasts and islands to which its operations were confined. An examination of the subsequent negotiations of the three powers will emphasize these diflferent points of view, and will disclose that, outside of the all-important ((uestion of exceptional maritime juris- diction, the conflicting interests of the American fur traders, the llud.-.on's Bay Company, and the Russian American Company were the important factors in the controversy, and that to harmonize these was the purpose of the respective goveriuuents, rather than to acquire territory. Sir Charles Bagot. in view of the new conditions, in contemplation of which neither his instructions nor powers were framed, at once sus- NEGOTIATIONS OF 1822 AND 1823. 29 pended the negotiations, whit'h he had eoinnienced witli M. de Poletica, until he shoidd receive t'urth(>r directions from his o-overnnient; and at the same time he expressed liis apprehension of the difficulties which '•'"the unexpected pretentions of the United States" might cause/' Mr. Middleton. who had been disinclined to discuss the subject in controversy with M. de Poletica upon finding that the latter "had no powers to convhuJt/ an3'thing,'' availed himself of the circumstances and declined further conference with the Russian representative until the British minister iiad received full powers to negotiate upon the entire subject.^' Thus the negotiations at St. Petersburg were tem- porarily suspended. The course pursued by M. de Poletica after being commanded to take up the subject with the American and British ministers he reported in detail to Count Nesselrode on November 3 15, 1823.'' He stated that before entering upon the negotiations he consulted Count de Lambert, the official representative of the Russian American Corn- pan}", whose interests were to be safeguarded. The result of this consultation was that M. de Poletica was convinced that the interest of the company "would be protected and their wishes entirely satistied,'' if the Russian negotiators succeeded in fixing "the l)oundaries of the possessions of the said company at the tift^'-fourth degree of north latitude, and by giving them in depth such a degree of longitude (meridian of Greenwich) as, in its prolongation to the pole, would leave the Mackenzie River outside '^ the Russian lioundary. The report continues with the following language, significant of the object to be secured in determining the inland boundary of the Rus- sian possessions: "In fixing the longitude. Count de Lambert had mainly in view the e> British and Russian ])ossessions on the Northwest Coast. The lattcM- frankly replied that his government woidd think tiiat it had made all the " Ajjpendix, p. 138. ' Appendix, p. 129. ''Appendix, p. l.'ill. '' Ai>pendix, p. 124. NEGOTIATIONS OF 1S22 AND 182:5. 81 conee^.sions wliich inofUM-ation iind a desire to nuiiiitaiii friendly rela- tions with other powers recjuired "■1)y lixino- the boundar}' between the Russian and EnoHsh possessions at the tit'ty-t'ourth deg-ree of lati- tude, and by giving for the longitude such a line as in its prolonga- tion in a straight line toward the pole would leave the Mackenzie River outside of the Russian frontier." « This language is, with imma- terial variations, the same used by C'ount de Lambert. The proposi- tion of the Russian American Company' had become the declared l)osition of the Russian (Tovernment. Sir Charles Bagot replied that this line was very far from the one his govermnent wished to tix. He then entered upon an argument against the legality of the Russian title, during which he read the opinions of the law officers of the Crown, but "suddenly suspended the discussion" to say that his government, after all, had " no inten- tion of discussing the territorial question according to the abstract principles of pu))lic law or of international law," believing a more satisfactory result could be reached by "an amicably arrangement, which would be based only upon mutual consent." M. de Poletica assured him that the Imperial Government fully coincided with this view of the negotiations.'' The report of the Russian negotiator con tinues: " Chevalier Bagot then placed himself before the geographical map which we had at hand, and traced upon it with his linger a line beginning at the tifty-seventh degree of latitude, the intersection of which designated [donf T'nit(n'>«ietwn des'ujn()undary in the interior of che continent." "Appendix, p. l.Sl>. 'Appendix, p. 185. ''Ajipendix, p. 140. ''Appendix, p. 131. 32 THE CASE OF THE UNITED STATES. There is an evident disagreement here between the two accounts of the interview. l)ut as Sir Charles indicated the proposed line by tracing it roughly with his tinger. it may be presumed that his statement of the proposal made is the correct one. ( For the line proposed, see Map No. 3 in the Atlas accompanying this Case.) By either vci-sion. however, Kussia would, if the boundary was adopted, be deprived of her important port of New Archangel, and that was sutticient reason for M. de Poletica to state that there was no proba- bility of the Imperial Government withdrawing two degrees beyond the point (55^ of north latitude) mentioned in the charter granted in 1799 to the Russian American Company as the southern boundai-y of its possessions.'^' But in view of that original limitation M. de Poletica gave the British minister to understand that he believed the Imperial Government would be willing to replace the boundary of the Russian dominions at that parallel.* To this extent he modified Count de Lambert's j)roposition. which tixed it at 54-. Sir Charles Bagot, in his note to Mr. Canning, said of this tirst line of demarcation proposed by Great Britain: "I thought that it might hv fnr tJn- a(1ranta Appendix, p. 69. THE AMERICAN NEGOTIATIONS OF 1824. 37 ITIH);" that the United States had succeeded to all the Spanish rights l)y the treaty of Februavv '2'2, ISIV*.'' which gave the latter concurrent claims with Great Britain whatever her pretensions might ])e; and that for these reasons any treaty between Great Britain and Russia in which the United States was not a party would be nugatory as to it and could not divest it of the right to enjoy that coast/' Having made a decla- ration of similar intent to Count Nesselrode, Mr. Middleton secured an interview with him on February 21, 1824,"' at which he submitted a brief paper entitled "State of the Question'"' and a treaty draft-^ similar to the one sent to him b}" Mr. Adams in liis letter of instruc- tions of July 22, 1823.?' A second conference occurred on March 4, at which Count Nessel- rode and M. de Poletica submitted a counter draft to the one Mr. ISIiddleton had presented at the first conference.''' In this the line of demarcation was changed from 55^ to 54^ 40', and Russia further proposed the exclusion of Americans north of that line except at the port of New Archangel, and of Russians south of it.' Mr. Middleton informed the Russian negotiators that their proposal was "utterly inadmissible," and that his instructions were that two points must be obtained before he should enter into a ''^ territorkd ddimitcition for set- tlements at tifty-tive degrees." M. de Poletica replied that he would never sign any instrument allowing American ships free admission to the Russian coasts. Count Nesselrode remained silent. Mr. Middle- ton then agreed to take the counter draft under consideration.-' At the third conference on March 8,-^ Mr. Middleton submitted a memorandum upon the counter draft, which accepted the first article proposed b}^ Russia I'elating to the freedom of navigation in the Pacific Ocean and the right to resort to unoccupied coasts, modified the second article by limiting the prohibition to visit the possessions of the other power, without consent, to places occupied by settlements, and sub- "Hertslet's Commercial and Slave Trade Treaties, etc., Vol. II, p. 256. & Treaties and Conventions between the United States and Other Powers, p. 1016. ''Appendix, 'p. 70. <' Appendix, ])■ "1- f Appendix, p. 81. /Appendix, p. 82. f/ Appendix, p. 51. /' Appendix, pp. 72-73. « Appendix, p. 83. .? Appendix, p. 73. 38 THE CASE OF THE UNITED STATES. stantitilly uj^rood that the line of demarcation for future settlement should be 54- 40' instead of 55^. To the latter article Mr. Middleton added the following: '' It is at the same time ag-reed, however, that the vessels of the two powers, or belonging- to their citizens and sub- jects, mav, reciprocally, frequent all the interior seas, gulfs, harbors, and creeks of the said coast in order to carry on tishing and trade with the nat'ivt^ of the coxtitry without any hindrance or molestation what- evei' during toi years, to be counted from the date of signing the present convention."" Count Nesselrode and M. de Poletica took Mr. Middleton's pro- posals under consideration. On March 20 the plenipotentiaries again met. Count Nesselrode stated the last draft of the United States had been considered and but little remained to be done to reach an agree- ment, and that it onh' required to strike out the italicized phrase rela- tive to trade, and to change the "ten years" to "live years." To this Mr. Middleton replied that such a change w^ould amount to a stip- ulation to enjoy for a brief term, and as a privilege, that which the United States was entitled to by the law of nature, "in common with all other independent nations, to wit, the Jisheries upon an unoccupied coast."* It is evident from this statement that Mr. Middleton deemed a stipulation permitting acts on the part of citizens and subjects of the contracting powers for a fixed term was the grant of a privilege, and necessarih' a recognition of sovereignty in the power granting it. Having stated his objections to the proposed changes, the American envoy delivered to (,^ount Nesselrode a brief paper which treated solely of the weakness of Russia's territorial claims." Undoubtedly thiis action had the etfect of inducing the Russian plenipotentiaries to con- cede the provisions relative to reciprocal trade privileges rather than to open up the question of the legality of the Russian title to the territory, for Count Nesselrode at once seemed inclined to come to an agreement as to these privileges, provided that traffic in firearms and amnumition was prohibited. To this Mr. Middleton oV)jected that other nations might piotit )>y the ])r()hil>ition. l)ut as it was not formally proposed, its consideration was postponed to another meeting.'^ A delay of two Aveeks occurred, occasioned, as Mr. Middlton sup- posed, "to give time for consultation with the directors of the Rus- sian Amci'ican Company." On April 3 M. de Poletica left with the "Appendix, p. 84. •'' Appendix, p. 74. <" Appendix, p. 75. THE AMERICAN NEGOTIATIONS OF 1824. 39 American minister for his consideration a new draft, explaining that the Emperor desired to add spirituous liquors to the prohibited articles of trade/' Between April 5 and li six conferences took place between the negotiators, several counter drafts were submitted and discussed, and tinally on April 5 17, 1824, the treat}^ Vjetween the United States and Russia was signed.* The articles of this treaty which are of importance in the present discussion are the third and fourth, which relate to the line of demarca- tion and the reciprocal privileges of trade. The}' are as follows: Article III. It is moreover agreed that, hereafter, there shall not be formed by the citizens of the United States, nor under the authority of the said States, any establishment upon the northwest coast of America, nor in any of the islands adjacent, to the north of fifty-four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none formed by Russian subjects, or under the authority of Russia, south of the same parallel. Article IV. It is, nevertheless, understood that during a term of ten years, counting from the signature of the present convention, the ships of both powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hin- drance whatever, the interior seas, gulfs, harbors, and creeks, upon the coast men- tioned in the preceding article, for the purpose of fishing and trading with the natives of the country. In explaining the reason for consenting to a limitation upon the privilege of trade, Mr. Middleton said that he would not have done so without receiving furthei' instructions, but he apprehended that before the}" could arrive Great Britain and Russia w^ould certainly have come to an agreement upon a boundary without the participa- tion of the United States; and he added: "We should then have no equivalent to offer for the trade we covet upon their shores, as neither of these nations seem disposed to consider as valuable any like advantage we may have it in our power to grant.'' '' This lan- guage explains fully the object sought from the outset by the United States — a continuance of its trade with the natives on the Northwest Coast, although it was limited by force of circumstances to a period of ten years. Russia had also secured by the treaty the desired «Appendix, p. 75. ''Appendix, pp. 10, 76. (^Appendix, p. 78. 40 THE CASE OF THE TNITED STATES. recooiiition of lior sovereignty over the coast as far south as 54^ 40' north latitude, aV)ove which she could estalilish her settlements at will and exercise her g'overnniental authority. Count Nesselrode, in a letter to Admiral Mordvinof/' informing- the Russian American Company of the negotiations with (xreat Britain and of the conclusion six days previously of a treaty with the United States, wrote: '" In Article III the United States recognize the sov- ereign power of Russia over the western coast of America from the Polar Seas to 54^^ 40' of north latitude: * * *. In Article IV we allow the American States, though for no longer time than ten years, to trade and tish in places within our dominions: * * *."'-' He proceeded to show that the trade of the Americans had been allowed b}^ the company as if it were a natural right, and that it was much more to the company's benefit that it should be carried on "'' b}' per- mission granted them by us in solemn Convention, as through this the Americans as solemnly recognize that after the expiration of the few prescribed years we shall have the legal right to prohibit both trade and fishinof iu this region.'''' THE BRITISH NEGOTIATIONS OF 1824 AND 1825. In the meanwhile the negotiations between Great Britain and Rus- sia had been in progress. The letter of Mr. Canning to Sir Charles Bagot, dated January 15, 1824,'' Avhich directed the latter to pursue the negotiations separately from the United States, contained a review of the territorial question, and instructions as to the course to be fol- lowed. These had been prepared after Mr. Canning had consulted with Mr. Pelly, the deputy governor of the Hudson's Bay Company, who subsequently, on .January 8, 1824, embodied the vicAvs of the com- pany in a letter to the Foreign Office.' In this communication, which was to form the basis of the instruc- tions to Sir Charles Bagot and the guide to his conduct of the negotiations at St. Petersl)urg, Mr. Pelly stated that from information lately received it appeared that the traders of the Hudson's Bay Com- pany were " extending their posts still farther to the west of the Rocky Mountains," and that there was a chain of trading stations on "Appendix, p. 166. <- Appendix, p. 169. & Appendix, p. 168. order the coast." ^Appendix, pp. 101, 127. THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 45 The counter draft states the intent of its authors in making this l)roposal for an inland boundary in the following- paragraph : The pi'incipal motive which constrains Russia to insist upon sovereignty over the above-indicated lisicre (strip of territory) upon the mainland (terre ferme) from Portland Channel to the point of intersection of 60° latitude with 139° longitude is that, deprived of this territory, the Russian American Company would have no means of sustaining its establishments, which would therefore be without any sup- port (point d'appui) and could have no solidity." The monopoly of the Russian American Company was onh?^ of value so long as there were no trading establishments located in the vicinity of the islands and inland waters bordering the coast over which their grant of exclusive trade extended. While independent traders coasting along the shores were an annoj^ance to the company, they were not so serious a menace as a single trading post would have been, located upon the continental shore, to which the natives could bring their furs and from which white trappers could carry on their industry in the neighboring streams and rivers. It was to prevent this dangerous form of competition that the Russian plenipotentiaries proposed a lisiere which would operate as a barrier to the further advance of the Hudson's Kay Company toward the coast and prevent the establishment of rival factories among the natives with whom the Russian company carried on its trade. The purpose of fixing an inland boundary, w^hich should form such a barrier, had been recognized by M. de Poletica in his conferences with Count de Lambert in Novem- ber, 1823,^ as already noted. *^ Sir Charles Bagot, in the amended proposal Avhich he submitted after rejecting the counter draft of the Russian negotiators, stated of the proposed boundary that "a line of demarcation drawn from the southern extremity of Prince of Wales Island to the mouth of Port- land Channel, thence up the middle of this channel until it touches the mainland (terre ferme), thence to the mountains bordering the coast, and thence along the mountains as far as 13'.)-' longitude, would deprive His Britannic Majesty of sovereigntv over all the inlets and small baj's lying between latitudes b'o^ and 54^ -15', whereof several (as there is ever\" reason to believe) communicate directly with the establishments of the Hudson's Bay Company and are, consequently, of essential impor- tance to its commerce; while, on the other hand, the Russian American « Appendix, p. 158. ^Appendix, p. 137. c See ante, p. 29. 46 THE CASE OF THE UNITED STATES. Company possesses no establishments on the mainland (terre ferme) ])ptween the two above-mentioned parallels, or even on Prince of Wales Island, or on the islands located between the latter and the mainland." « The notable part in this statement hy the British minister is that he objected to the proposed line since ''it deprived His Britannic Majesty of sovereignt}' over all the inlets and small bays [de toutes ces anses et (le ces ■petites hales~\ lying between latitudes 56° and 5-4° 54'." The reason whv he confined his objection to the coast between these paral- lels becomes apparent upon reading- the proposal for a boundary offered by him in the same document in which the foregoing quotation appears. The proposal is as follows: "In order to obviate this difficulty, and to insure to Russia the exclusive sovereignty of these waters, as well as all the islands and coasts where there are really Russian establish- ments. Great Britain would offer to accept as the line of demarcation l)etwpen the territories of the two powers a line traced from the west toward the east along the middle of the channel which separates Prince of Wales and Duke of York islands from all the islands situ- ated to the north of the said islands until it touches the mainland (terre ferme). Thence, extending in the same direction on the mainland to a point 1(^ marine leagues from the coast, the line would run from this point toward the north and northwest, parallel with the sinuosities of the coast, and always at a distance of 10 marine leagues from the shore, as far as the 140° of longitude (Greenwich), the prolongation of which it would then follow to the Polar Sea," " Sir Charles, following that portion of his instructions which directed him to secure at least a line on the mainland as far north as the north- ernmost post of the Hudson's Bay Compan}'- west of the Rocky Moun- tains, which, according to Mr. Pelly's letter of September 25, 1822, was "the Rocky ^Mountain portage in 56° north latitude," ''proposed a line passing through Sumner Strait and reaching the shore of the continent in th(> neighborhood of Wrangell, alwut latitude 56° 30'. The Russian proposition for a lisiere, he proposed to modify by limit- ing it to a tixed width of 10 marine leagues, at which distance the line should run north and northwest "pamllel with the sinuosities of the coast, and always at the distance of 10 marine leagues from the ^hore "Appendix, p. 159. ''Appendix, p. 109. THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 47 [riv(/f/e^'] as far as the one hundred and fortieth deo-ree of lonoitudc." (See Map No. 3 in the Athis accompanying this Case.) It would appear that this change of the inland boundary from the supposed mountain range to a uniform distance from the shore Avas in order to meet the direction of Mr. Canning in regard to limiting the Russian possessions south of Lynn Canal to 60 or 100 miles from the coast. This third line proposed by the British minister was a decided departure from his former proposition. It added to the two islands Chichagof and Baranof the entire archipelago north of Prince of Wales and Duke of York islands.* The most important change, how- ever, related to the continental possessions of Russia. By his first proposition Sir Charles had confined these possessions to the territory bounded ])y the Pacific Ocean, Cross Sound, Lynn Canal, and a line drawn northwest from the head of that inlet to the 139th degree of longitude. By his second proposition he had not increased this area in any respect but rather limited it by carrying the northern boundarj^ to the Ittoth degree. But by his third proposition he extended this territory on the mainland as far southward as 56° 30' of north latitude and eastward 10 marine leagues from the edge {rivage) of the conti- nent. In spite of the marked recession of the British plenipotentiary from his lirst two proposals, the Russian negotiators indicated no inclination to make like concessions. On the contrary, they maintained with firmness their proposition, in no wa}^ raodifjnng or changing the boundary which they had laid down in their counter draft. They called attention to the advance of the establishments of the Hudson's Bay Companj' westward along the 53d and 51th parallels, and of those of the Russian American Company southward; and stated that, while the latter may not have "3"et made permanent establishments on the mathematical line of the fi[fty-fifth degree * * * it regularly oc- « Appendix, p. 159. "Rivage: Les rives, les bords de la mer. Bord: L'extremite d'une surface, ou ce qui la teniiine. Le bord cV nne robe, les bords d'iin precipice." (Dic- tionnaire de L' Academic Franyaise, 6""" edition, Paris.) Rimge is derived from the Latin word ripa^ bank, the line where water ends and land begins. The word shore, which correctly interprets it, is literally "that which is shorn off, edge;" it is "the edge or margin of the land." (The Century Dictionary; Webster's International Dictionary. ) ^The two islands, now known as Zarembo and Etolin, were charted in the early maps as one island, named Duke of York. See Map No 2 in the Atlas accompanying this Case. 48 THE CASE OF THE UNITED STATES. ciipies the islands and neighborino- coasts during the season which al- lows it to send its hunters and tishermcn there/' By wa}' of contrast to this assertion they declared, " it can not be proved they [the estab- lishments of the Hudson's Bay Company] reach the Great Ocean at any point."" Having thus shown that the interests of Russia extended as far south as 55^. the Russian negotiators emphasized to the British min- ister the importance to Russia of a continental Jisiert in the following words: '"The plenipotentiaries of Russia have the honor to repeat to him that without a lisiere upon the continental coast, starting from Portland Channel, the Russian establishments on the islands in the vicinit}' would have no suppoi't (point d'appui); that they would be at the mercv of the establishments which strangers might form upon the mainland, and that any such arrangement, far from being founded upon the principle of mutual accommodations, would but otier dangers for one of the parties and exclusive advantages for the other."" What Russia dreaded, as has been said, was the location of rival trading posts on the coast, and it would seem that Great Britain, or rather the Hudson's Bav Company, desired to secure possession of the coast for that very purpose. In the counter draft submitted to Sir Charles Bagot at the second conference Russia had oti'ered the British subjects "the free navigation of all the rivers which empty into the ocean thi'ough the said lisiere."* If the sole object of insisting upon the territory lying on the coast was to obtain egress and ingress to and from the ocean, the unlimited privilege proposed b}" Russia would have been sufficient. The infera))le conclusion is that another and a stronger motive induced the British plenipotentiary to ignore this proposal and insist on possession of the coast as far north as 56° 30' — namely, the opportunity that such territory would offer for erecting trading posts by which some portion of the lucrative fur trade carried on by the Russians could be diverted to the Hudson's Bay Company. Such a conclusion must have been reached by the repre- sentatives of Russia and induced them to unswervingly demand a ter- ritorial •• l»arrier*" against the nearer approach of British settlements. The language, in which the observations of the Russian plenipoten- tiaries had been couched, was distasteful to Sir Charles Bagot, since it termed concessions by Russia what Great Britain claimed as rights, a Appendix, p. 161. 6 Appendix, p. 158. THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 49 and he vigorously protested against it, at the same time rejecting again the line proposed 1)y Russia/' He asserted that His Britannic Majesty could not, " without sacriliciug the interests of the [Hudson's Bay] company, renounce his rights of sovereignty over the coast and the islands directly dependent thereon, as far as 56^ 30' of north lati- tude;" that the "head of Portland Channel may be, as there is reason to believe, the mouth of some river flowing through the midst of the countr}^ occupied by the Hudson's Bay Company;" and that it was " consequentl}" of great importance to Great Britain to possess the sovei'eignty of the two shores thereof," In view of these statements Sir Charles then laid before the Russian plenipotentiaries, at a meeting held about March 17, a paper which contained what he gave them to understand was his "ultimate propo- sition.'"'^^ It was as follows: "It seems that a line drawn from the southern extremitv of the strait called 'Duke of Clarence's Sound,' through the middle of this strait to the middle of the strait which separates Prince of Wales and Duke of York islands from all the islands lying north of those islands, thence toward the east through the middle of the same strait to the mainland, to be prolonged after- wards in the direction and manner already proposed by his Britannic Majest^^'s plenipotentiary as far as Mount Elias or to the intersection of the 140th degree- of longitude, would form a line of demarcation which would conciliate the nuitual convenience of the two parties, and which would perhaps satisfactorily assure the reciprocal interests, both present and future, of the two empires in that part of the globe. "^' This fourth line of demarcation (see Map No. 3 in the Atlas accom- panying this Case) proposed by the British minister did not change the continental boundary, but added Prince of Wales Island to the Rus- sian possessions. It reserved to Great Britain "the two shores" of Portland Canal and "the coast and the islands directly dependent thereon as far as 56° 30' of north latitude," the territory' which he deemed to be necessary to the interests of the Hudson's Ba}' Company. Ten days passed before the plenipotentiaries of Russia submitted a reply to this last proposition of Sir Charles Bagot.'^ In it they stated that the proposals had l^een examined by the Emperor, who had charged them to repeat to the British plenipotentiary:^ "That the « Appendix, p. 163. c Appendix, p. 16-4. & Appendix, p. 156. 21528—03 4 50 THE CASE OF THE UNITED STATES. possession of Prince of Wales Island without a slice (portion) of territory upon the coast situated in front of that island could be of no utility Avhatever to Russia. That any establishment formed upon said island, or upon the surrounding islands, would find itself, as it were, tiankod l)y the English establishments on the mainland and completely at the mercy of these latter. * * * That tinally , as to the navigation of the rivers, Russia believed that she had offered to Great Britain all the advantages and concessions that the latter could desire. And that, in view of this state of things, the plenipotentiaries of His Imperial ]\Iajesty had received orders to insist upon their previous proposals, the reasons for which proposals they had fully explained to his excellency Sir Bagot."" Undoubtedly the Russian Government was willing to delay negoti- ations with Great Britain because of the expectation of the signa- ture of a treat,y with the United States. The negotiations with Mr. Middleton were approaching a satisfactory conclusion, and a line of demarcation on the coast at 54:° 40' north latitude had been substan- tially agreed upon. The solemn recognition of that line by the United States in a treaty provision would add strength to the position of Russia, that her continental possessions should extend as far south as that parallel. Sir Charles Bagot, finding that the decision of the Russian plenipo- tentiaries was hnal, announced that, as he had already exceeded his instructions, he must consider the negotiations necessarily ended, so far as the question of territorial demarcation was concerned.'^ Count Nesselrode asked to have the final decision submitted to the British Gov- ernment, expressing the hope that Sir Charles would receive further instructions which would meet the Russian views. This the latter said he would do, but suggested that the maritime question, "which would not admit of equal postponement," should be adjusted in the meanwhile. Count Nesselrode replied "that if the territorial arrangement was not completed he did not see the necessity of making any arrangement respecting the maritime question." Sir Charles, surprised by this attitude of the Russian negotiator, argued that Russia had alreadj'- engaged to retract her pretension of dominion over the sea; but his efforts were unavailing, and the conference ended without action upon this point. "Appendix, p. 165. ^Appendix, p. 156. THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 51 The British minister, in reporting to the Foreign Office the course and failure of the negotiations, said: "I ought to state that, notwith- standing this unexpected observation of Count Nesselrode, 1 do not at all believe that, had we been able to agree upon our southern line of demarcation, we should have found any real difficulty either as regards the retraction of the maritime pretension, or as regards our western boundary, or any of the other minor details which we should have been called upon to adjust." ^'■ The territorial controversy, through the gradual withdrawal of the British demands as shown by the four lines of demarcation proposed by Sir Charles Bagot (see Map No. 3 in the Atlas accompanying this Case), had shrunk to a dispute over the possession of an irregularly shaped section of the continent bounded on the east hj Pearse and Portland Canals and a presumptive chain of mountains, on the noi'th by a line extending from a point on the coast, about latitude 56° 30', to the mountain range, and on the west by the indented continental shore line, together with the islands lying between Clarence Strait and the mainlaind from 54° 40' to 56° 30' and those situated north and west of Portland Canal and between it and the continent. Shortly after the signature of the treat}^ between the United States and Russia, April 5 17, 1821, ('ount Nesselrode reviewed in a letter to Admiral Mordvinof the progress of the negotiations with both the United States and Great Britain.* He stated that Russia sought the interests of the Russian American Compan}^, and that "Great Britain, on her part, represents the rights of the Hudson's Baj^ Compan3\" Having set forth the danger of " disagreeable consequences " arising from the extension of the settlements of both companies along the 55th parallel, he continued: "For this only one expedient presents itself — to establish at some distance from the coast a frontier-line which shall not be infringed by our establishnients and trappers, as also by the hunters of the Hudson's Ba}^ Company. The plenipoten- tiaries on both sides equally recognized the necessity of this measure; l)ut the width of the coast-line necessary for the safe existence and consolidation of our Colonies, the direction of the frontier, and even its starting point on the Continent of America, still form subjects of negotiation, and the British Ambassador has declared that for continu- ing them he must seek new instructions from his court." "^ "Appendix, p. 156. & Appendix, p. 166. « Appendix, p. 167. 52 THE CASE OF THE UNITED STATES. This statement shows beyond controversy the purpose of establish- ino- a l/Nn-re upon the continent. It was. as has ])een said, to create an unbroken l)arrier along- the entire water-front of the continent. Count 2sesseh-ode further called the attention of his correspondent to the fact, "that, in accordance with contemplated plans, these settle- ments [i. e.. colonies] after the line of frontier has been fixed, will acquire recognized and undisputed possession of a considerably exten- sive zone of country."" This statement is in answer to Admiral Mordvinof's assertion that "seaboard colonies require for their welfare, not only the control of the shore," but broad lands on the mainland.'' At the time Count Nesselrode wrote, Russia had taken a decided position as to the lisiere^ from which she did not afterwards recede: and, when he termed this Ilslh^e "a considerable extensive zone of country," he showed that it was his understanding that no incon- siderable area on the continent Avould be secured if the proposed boundary was accepted ))v Great Britain; while the expression, "recognized and undisputed possession" indicated his views of the territorial rights which Russia would obtain. The dispatch of Sir Charles Bagot announcing the failure of the negotiations at St. Petersburg was received at the Foreign Office on April 1-i, 1824. On the 24:th Mr. Canning wrote approving his sus- pension of the conferences and stating that he had "referred the whole question of this negotiation anew to the Governors of the Hud- son's Bay Compan}', whose Report '" he expected shortly to receive. He added: "I have some reason to think that that Report will recom- mend the polic}' of closing with the Russian proposals rather than leaving the points in dispute unsettled for an indefinite time."'^ Toward the latter part of jNIay the Russian minister at London, who had been previouslv apprised of the suspension of the negotiations at St. Petei'sburg, received a dispatch from his government outlining its attitude in the controversy.*^ In this communication Count Nessel- rode stated the Usiere proposed l)y' Russia, and in explaining the southern boundary used the following language: "We proposed to carry the southern frontier of our domains to latitude 54" 40' and to make it abut upon the continent at the Portland Canal, of which the opening into the ocean is at the same latitude as Prince of Wales « Appendix, p. 167. c Appendix, p. 175. & Appendix, p. 152. f? Appendix, p. 172. THE BRITISH NEGCTriATIONS OF 1824 AND 182.'). 53 Island, and which has its orig-in inland between 55-' and 50^ of latitude/'" This statement locates detinitel}^ and be^'ond controversy the line of demarcation between the British and Russian possessions until it reaches the mainland. After reciting- in detail the relative interests of the Russian American and Hudson's Bay companies in the disputed territor}^, which "appear insig'niticant on the map at tirst glance," he summarized in the following sentence the purposes of the negotiation: "Thus we wish to keep and the English companies wish to obtain.^'' ^'' He argued the weakness of the British claim, as shown by the lack of settlements on the coast; that Great Britain, b}'^ the treaty of 1818, had admitted that the claim of the United States was as valid as hers; and that the latter power had, by the treatv recently signed, tixed the Russian boundar}^ at 54° 10'. He declared: "Russia can not stretch her concessions further. * * * Russia, when she insists on con- serving a moderate expanse of the mainland (terre tirme), only insists fundamentally upon the means of utilizing — we can better say, of not losing — the environing islands."'^ Count Lieven at once laid this dispatch before Mr, Canning, who, on May 29, notified the former that Sir Charles Bagot would be given discretion to enable him to admit the line of demarcation on the coast proposed by Russia, with certain qualifications which he stated as follows: "The qualifications will consist chiefi}' in a more definite description of the limit to which the strip of land required by Russia on the continent is to be restricted; in the selection of a somewhat more western degree of longitude as the boundary to the north- w^ard of Mount Elias; in precise and positive stipulations for the free use of all rivers which ma}- be found to empty themselves into the sea within the Russian frontier, and of all seas, straits, and waters which the limits assigned to Russia may comprehend. It can hardly be expected that we should not also put in our claim for the like prix'ileges of trade as are, or may be, stipulated with Russia by any other nation; and we take for granted that the exclusive claims of navigation and jurisdiction over the North Pacific Ocean, which were put forward in the Ukase of September, 1821, are to be altogether withdrawn."'" « Appendix, p. 173. <^ Appendix, p. 180. ^Appendix, p. 174. 54 THE CASE OF THE UNITED STATES. In timiouiu'ino- to his Government the acquiescence of Great Britain to the Russian proposals, Count Lieven stated that Mr. Canning assured him "that he had found the greatest difficult}^ in gaining the consent of the Hudson Bay and Northwest Companies to the plan of demarcation proposed.'' The Russian minister informed Mr. Canning of the needlessness of demanding "the free use of the rivers inclosed in the Russian possessions" and of the freedom of the seas, since the lirst had been already offered and the second was settled by the treaty with the United States, but the British secretary desired to have thein appear as demands on the part of his government." The same day (May 29) Mr. Canning sent to Sir Charles Bagot copies of his letter to Count Lieven and of Count Nesselrode's dispatch, stating that definite instructions would soon be forwarded to him.'^ It was, however, not until Jul}^ 12 that these were sent, together with a proposed draft of treaty embodying the modifications of the Russian proposal desired by Great Britain.'^ In the instruc- tions Mr. Canning, after conceding the southern boundary at 5-i- 40', said that there were two points to be settled by the British negoti- ator, namely, to fix "the eastern boundary of the strip of land to be occupied by Russia on the coast" at the "seaward base of the moun tains," and to secure the proviso that the line "should in no case * * * be carried further to the east than a specific number of leagues from the sea. " ^ He gave as the grounds for requiring this provisional limitation the former experience of Great Britain as to the inaccurac}' of maps in laying down mountains, and that, although the mountains under dis- cussion "appear by the map almost to border the coast," the}' may turn out "to be far removed from it." As to the width of the lisiere^ Mr. Canning said that the "utmost extent which His iSIajesty's Gov- ernment would be disposed to concede would be a distance of 10 leagues."'' The treaty inclosed is in substance as follows: A stipulation for the free navigation of the Pacific and Arctic oceans; a delimitation of a boundary similar to the one finallv agreed upon, with the exception that the eastern frontier of the Russian possessions was to be "at or within the seaward base of the mountains" bounding the coast; a pro- " Appendix, p. 179. «* Appendix, p. 180. THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 55 viso that the lisiere should not extend more than marine leaj^ues in breadth from the sea toward the interior; a stipulation opening forever the port of Sitka to commerce and grantinj>- forever to British subjects free navigation along- the coasts and islands through these rivers which crossed the lislere; an agreement for reciprocal trade privileges on the coasts of either party for the space of jxars, excepting trade in liquors, weapons, and gunpowder; and that no establishments should be formed b}" the subjects of either power within the territory of the other/' At the time or soon after the transmittal of this draft to Sir Charles Bagot, Mr. Canning submitted a copy to Count Lieven,'^ who, in a memorandum on the subject, objected to the boundar}- running along the base of the mountains, for the reason that, as a general rule, when a chain of mountains served to tix a frontier line the summit was emplo3"ed, and that, in the case under consideration, the word hase was of too indefinite a meaning, "for," he added, "it is certainly not among the impossibilities, in view of the uncertain ideas yet preva- lent in regard to the geography of these regions, that the mountains chosen for the boundary line should extend, b}" an imperceptible declivity, to the very edge of the coast. ""'" Mr. Canning, evidentl}^ impressed b}" the soundness of the Russian minister's observations, wrote Sir Charles Bagot, on July 24,'^ that no great inconvenience could arise from "consenting to substitute the summit of the mountains instead of the seaward base, provided always that the stipulation as to the extreme distance from the coast to which the lislere is in an}' case to run, be adopted, * * * and provided a stipulation be added that no forts shall be established or fortifications erected ])y either part}' on the summit or in the passes of the mountains." Count Lieven four days later informed his government of his action regarding the treaty draft. *" On September 9, 1824, a dispatch was received at the Foreign Office, from the British minister at St. Petersburg, announcing that after two meetings with the Russian plenipotentiaries he had ascertained that it was "totally impossible" to conclude a treat}' at all reconcilable with the draft forwarded to him.-^ He stated that the differences lay in the clauses relating to Sitka, the perpetual right of naA'igation and trade ^Appendix, pp. 182-185. '^Appendix, p. 187. & Appendix, p. 187. * Appendix, p. 186. c Appendix, p. 189. /Appendix, p. 190. 56 THE CASE OF THE UNITED STATES. aloiiu' the If'sie/'e, and the liberty to visit other portions of the coast; and that Russia was willing to grant trade privileges for ten years between Portland Canal and the OOth parallel, and to grant forever the right of ingress and egress into and from the rivers flowing across the //.svV'/v .' but that in the Russian view a perpetual concession of trade and navigation "was repugnant to all national feeling and was incon- sistent with the very idea of sovereign t}-."" Sir Charles, discouraged b}' the inipossibilitv of harmonizing these ditierences with his instruc- tions, as is evident from the tone of his dispatch, brought the negotia- tions abruptly to an end. He was no longer to take part in the contro- versy, l)eing soon after transferi'ed to The Hague. In the dispatch announcing the failure of his second negotiation, the British minister inclosed a counter draft of treaty delivered to him by the Russian plenipotentiaries* which embodied the limitations as to navigation and trade which he had reported. In this counter draft also the arrangement of the subjects of negotiation was changed, the territorial delimitation being given the first place, the reciprocal trade privileges being second, and the guarant}^ of free navigation of the Pacific coming last, while in the preamble the boundary appeared to be the prominent subject. Article I, which relates to the bound- arv, in tracing the line from its commencement to the head of Portland Canal, is similar in its provision to that in the draft by Mr. Canning. From that point, however, the Russian article provided that the line should ''be carried along the coast, in a direction parallel to its sinu- osities.'' as far as the 139th degree. All reference to the summit or base of mountains is omitted. Article II reads as follows: "The Uslere (strip of territory) on the northwest coast belonging to Russia, from Portland Channel to the point of intersection of the 139th degree of west longitude (meridian of Greenwich), shall not be wider on the continent than 10 marine leagues from the shore of the sea \h>rd d^ Ja ///r/'J.'"'" It should be borne in mind that Sir Charles Bagot in his third and fourth boundary propositions '^ had met the Russian proposals '' of a frontier along the coast range of mountains by suggesting a line ^''tfmjonr.s a la distance de 10 lleues marines da rlvage.^'' Count Nessel- rode in explaining the provision of his counter draft to Count Lieveu '' Appendix, p. 191. '' Appendix, pp. 159, 163. ''Appendix, p. 193. 'Appendix, pp. 158, 161. 'Appendix, p. 194. THE BRITISH NEaOTIATIONS OF 1824 AND 1825. 57 said: "It abolishes the establishment [la desig7iatioii\ of the mountains as the boundary of the strip of mainland which Russia would possess on the American Continent, and limits the width of this strip to 10 marine leagues, in accordance with the wishes of P^ngland."" In a memorandum reg-arding the counter draft he further said: "We have suppressed all mention of the mountains which follow the sinuosities of the coast. It became useless from the moment that one [of the articles] fixed the width of the strip of mainland which would belong to Russia in marine leagues."* It would appear that Count Nesselrode had concluded from the draft of treaty handed to him by Sir Charles Bagot that the provisions defining the llsih'e had been drawn so as to harmonize the Russian mountain frontier and the British limit of 1<) leagues. Presumably the map of the quartermaster-general's department, the Vancouver maps (see Maps Nos. 4, 5, and 6 in the Atlas accompanying this Case), or copies of them were before him. An examination of these shows that the mountain chain along the coast and a line 10 leagues from the shore practically coincide. Under such circumstances to employ both methods was useless and might cause confusion and controvers3% and therefore, to meet what he conceived to be the real desire of Great Britain as expressed by her minister at St. Petersburg, he substituted for the Russian proposal a lisiere uniformly 10 leagues in wndth. The communication, in which Count Nesselrode discussed the counter draft of Russia, was sent to Count Lieven on September 25,^^ and the latter was authorized to read it to Mr. Canning and to give him a copy of it.'^ It was prepared, therefore, as a docu- ment to form part of the negotiations, and not as a confidential note to the Russian minister. Count Nesselrode stated the three proposals of Great Britain, which it was "utterly impossible" to accept, to be: Liberty to British subjects to hunt, to tish, and to trade with the natives perpetually on the coast between 54° 40' and 59°; a similar privilege for ten years north of 59°; and the permanent opening of the port of Sitka."' He proceeded to show that Russia could not grant to Great Britain privileges just refused to the United States; that British subjects had « Appendix, p. 204. c Appendix, p. 200. ^Appendix, p. 206. f? Appendix, p. 201. 58 THE CASE OF THE UNITED STATES. "never pushed either their establishments or commercial operations as far as the Northwest Coast," and that if the Hudson's Bay and the North-West Companies had approached the coast it was onl}^ within the preceding three years," "whereas the American subjects" — to use his own language — "have constantly frequented these waters, and it is their enterprises that have given rise to the discussions which we are laboring to terminate."^ "We offer the same advantages," he continued, "to England, but to grant them forever would be to obtain the recognition of our rights of sovereignty only to abandon the exercise of them. It would be consenting to possess hereafter onlj^ in name what we now possess in fact."^ Having declined to incorporate in the treat}^ to be signed the trade • stipulations which Great Britain asked, Count Nesselrode called attention to the fact that, in accordance with her wishes, the counter draft opened "to British subjects the navigation of all the rivers crossing the strip [Usier e],^'' &,nd secured to them "advantages equal to those obtained by the subjects of the United States," while it virtually repealed the ukase of September 4, 18^1/^ Before this dispatch had been forwarded, Mr. Canning, on Sep- tember 12, expressed to Count Lieven his regret and surprise at the failure of the negotiations at St. Petersburg, and earnestly desired him to secure from his government full powers to con- clude and sign a treaty at London, and he asked this in order that the question might be settled before Parliament met.*^ This note Count Lieven forwarded to St. Petersburg on October 1, 1824.-^ On September 13 Mr. Canning wrote to Mr. Ward, the charge at St. Petersburg, directing him to urge Count Nesselrode to furnish Count Lieven with authority to negotiate and sign a convention, giving the same reason which he had given to the Russian minister.^ "Count Nesselrode may here refer to the letter of Mr. Pelly, dated September 25, 1822, which gives the location of the posts of the Hudson's Bay Comj^any west of the Rocky Mountains. (See Appendix, p. 109.) Or the reference may be to the date of "the latest English maps," which he had just mentioned in a sentence preceding the one quoted. (See Appendix, p. 201.) & Appendix, p. 201. c Appendix, p. 202. ti Appendix, p. 204. « Appendix, p. 206. /Appendix, p. 208. f xVppendix, p. 207. THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 59 Meanwhile Mr. Stratford Canning had retired from the mission at Washington and returned to London, and in November or December he was commissioned as plenipotentiary^ to proceed to St. Petersburg and conclude a treaty." What motive induced Secretary Canning to change his mind so suddenly as to the place of negotiation, the cor- respondence does not disclose. Mr. Stratford Canning in his instruc- tions, which were dated December 8, 1821," received copies of the treaty draft furnished to Sir Charles Bagot,'^ the counter draft drawn up by the Russian plenipotentiaries,'' and the dispatch of Count Nes- selrode dated August 31, 1824."^ He had alread}' perused the corre- spondence which had passed upon the subject between the two governments." The Secretary for Foreign Affairs, in these instructions, empha- sized in the strongest terms that the essential point to be secured hj the British envoy Avas the formal abandonment b}^ Russia of her maritime pretensions. For that reason he was unwilling to consent to the transposition of subjects proposed by the Russian counter draft. Such expressions as the following disclose his attitude in this matter: "The whole negotiation grows out of the ukase of 1821. * * * The settlement of the limits of the respective possessions * * * was proposed b}'^ us only as a mode of facilitating the adjustment of the difference arising from the ukase. * * * jt is comparatively indifferent to us whether we hasten or postpone all questions respect- ing the limits of territorial possession, * * * but the pretensions of the Russian ukase of 1821 to exclusive dominion over the Pacific could not continue longer unrepealed.'' * * * "It [the negotiation] is not on our part essentially a negotiation about limits. It is a demand of the repeal of an offensive and unjustifiable arrogation of exclusive jurisdiction over an ocean of unmeasured extent.-^ * * * -yy^ negotiate about territory to cover the remonstrance upon principle. * * * If the territorial arrangements are not satisfactory, we are ready to postpone them, and to conclude and sign the essential part, that which relates to navigation alone. * * * But we are not pre- pared to defer an}' longer the settlement of that essential part of the question."^ "Appendix, p. 208. f Appendix,pp. 208, 209. ^ Appendix, p. 182. /Appendix, p. 211. c Appendix, p. 193. f/ Appendix, p. 212. f^ Appendix, p. 195. 60 THE CASE OF THE UNITED STATES. Thati Secretary Canning clearl}- denionstnited that although Sir Charles Bagot had substantially confined his negotiations to the question of the demarcation of a ))oundary line, it was not the British Government, but the Hudson's Bay Company which had given to it such prominence. The territorial question had accomplished the purpose of its introduction b}^ Great Britain, through having* secured a revocation of the ukase, although the London Govern- ment had been forced to abandon one position after another, until the original and only proposal of Russia was adopted with the one exception of the limitation of the w'idth of the lisiere to 10 marine leagues. Upon this point Mr. Canning said that Russia had first proposed the summit of the mountains as the eastern boundary, and that Great Britain had only suggested the limitation to 10 marine leagues as cor- rective of errors on the map. He entireh' ignored the fact that Sir Charles Bagot had in his last two proposals substituted this definite width for the Russian possessions, omitting all reference to the moun- tains. There was soundness in his argument that " it is quite obvious that the boundary of mountains, where they exist, is the most natural and efi:ectual boundar}';" though this statement would have no force if the mountains were not a continuous chain, dividing land areas much lower in altitude than the crest of the range. He referred to the dif- ficulties which had arisen between the United States and Great Brit- ain in settling the northeastern boundary of the former, through the inaccuracy of a map in locating mountains, upon wdiicli map both nations had relied; and he expressed the fear that by taking the moun- tain range supposed to run along the coast. Great Britain might grant to Russia '• inunense tracts of inland territory" where she "only intended to give," and Russia " only intended to ask, a strip of sea- coast. "« It is noteworthy that Mr. Canning recognized that the intention of Great Britain and the intention of Russia in regard to the extent of the lisiere coincided. I'he intention of Russia was to secure a land area which would form a bulwark to her coasts and inland waters; and from ]\lr. Canning's statement it was such a territorial barrier that Great Britain intended to grant. It is probable that Mr. Canning- perceived that the fixation of the boundar}- at an unvarying distance "Appendix, p. 210. THE BEITISH NEGOTIATIONS OF 1824 AND 1825. 61 of 10 marine leao-ues inight g'rant to Russia the eastei-n slopes of the coast range, by which the latter would secure an advantageous position in case of war between the two countries and an absolute control of the passes. On the other hand, inserting the conditional limitation. Great Britain would control the passes and western face of the range wherever its distance from the shore exceeded 10 leagues, and in no case would liussia possess posts east of the summit. In accordance with his views as to the desirability of using as a boundary natural landmarks where they exist, and since Mount St. Elias had been mentioned by both parties for the commencement of the line running due north to the Arctic Ocean, he proposed that that line should follow the 111st meridian of longitude instead of the 139th, because the foi-mer fell more directly upon that peak." Mr. Stratford Canning under these instructions proceeded to St. Petersburg and, on Februaiy 12, 1S25, he held a conference with Count Nesselrode and M. de Poletica,^ submitting to them a draft of treaty prepared at the Foreign Office before his departure,^ which was taken under consideration by the Russian plenipotentiaries. This draft cor- responded with the instructions given the British envoy in the arrange- ment of su])jects, the limitation of the width of the Jisiere, and the concession of the Russian restrictions upon trade and navigation to ten years. The draft was considerabl}' altered by the Russian negotiators, l)ut rather in language than in its essential features,'^ for it embodied substantially every point for which Russia had contended, except as to the privilege of trade for ten years along" her coast, a privilege which Great Britain would not have insisted upon but that it already had been granted to the United States.*^ With some changes of phrase- ology and division of articles a treaty was finally agreed upon and signed on Februaiy 16 28, 1825,'' which was forwarded to London on the following day.s' The British plenipotentiaiy reported very briefly concerning the discussions,^' but Count Nesselrode in informing Count Lieven that his " negotiations with Mr. Stratford Canning'' had been '"crowned with success'"''' stated that the onh' point of difference had been in "Appendix, y>. 211. ''Appendix, pp. 75, 180. ''Appendix, p. 212. /Appendix, p. 14. c Appendix, p. 215. (/Appendix, p. 223. ^'Appendix, p. 220. /'Appendix, p. 225. 62 THE CASE OF THE UNITED STATES. regard to the lisiere, Russia desiring the mountain range as a bound- ary and Great Britain insisting upon the conditional limitation which she had proposed. He reiterated this statement when the ratification of tlio treat\^ was forwarded to London for exchange, desiring Count Lie veil to call the attention of Secretary Canning to the magnanimous course of the Emperor in yielding this point/' ]SIr. Canning, to whom the Russian minister read this latter dis- patch, ^ excused the insistence of Great Britain by again referring to the dispute with the United States concerning their boundaries on the eastern side of the continent, and stated "that it arose solely from a sincere desire to prevent the recurrence of an}^ disagreeable discus- sion in future, and not from any intention of acquiring an increase of territory or limiting the extension of the Russian possessions." This statement is of much importance, since the British Secretar}' was fully cognizant that Russia had obtained the lisiere as a means of protecting the interests of the Russian American Company on the shores of the inland waters. Although Mr. Stratford Canning does not appear, from the cor- respondence available, to have placed in wiiting any interpretation upon the treaty which he had signed, he gave a verbal explanation of it which, on March 1, 1825, Mr. Middleton reported in detail to the American Secretary of State.'' On that day, which was the day following the signature of the treaty, the British envoy had an interview with the American minister. From the latter's report it is apparent that a copy of the convention was not shown him, but its contents were explained to him b}^ Mr. Canning, and, therefore, in repeating Mr. Canning's language he gave the hitter's under- standing of its terms. Mr. Canning's version of the third article, which defined the boundary line agreed upon, Mr. Middleton reported as follows: "The third article of this convention establishes the line of demarka- tion between the possessions of the two powers upon the Continent and Islands, as follows: It begins at the southernmost point of Prince of Wales' Island (about h^^ 40'), leaving the whole of that island to Rus- sia. It follows the strait called Portland Passage up to the fiftj'^-sixth degree; then turns eastward upon that latitude until it touches the « Appendix, p. 226. 6 Appendix, p. 230. <^ Appendix, p. 224. RESULTS OF TBE NEGOTIATIONS. 63 hio'hest ridge of the chain of mountains lying contiguous to and nearly parallel with the coast; it follows that ridge up to the sixtieth degree, and then takes the direction of that degree of latitude until its inter- section with the one hundred and fort^^-tirst degree of longitude west of Greenwich; thence it follows that meridian north to the Icy Sea. But in case the ridge of the mountain l3'ing parallel with the coast shall be more than 10 marine leagues from the shores of the continent, then the distance of 10 marine leagues from the shore is to be considered as the boundary of the Russian possessions upon the continent."^' The interpretation placed upon this article by its negotiator shows clearly the course of the line intended by the terms of the treat}", as well as the extent of the llsiere which it established. The notable features of Mr. Canning's statement are, that the line from the head of Portland Canal turns eastward to the range of mountains; that the word " shores," in describing the width of the Usiere^ supplants the word ''coast" used in the treatj^, although the latter is retained in referring to the mountain range; and the statement that the boundar\^ line follows the mountain ridge up to the 60th parallel of north latitude and then takes the direction of that degree until it intersects the 141st parallel of west longitude. This explanation of the article fixing the boundary, while it differs in language from the treat3% agrees with it if it is interpreted nat- urally and with knowledge of the discussions which had preceded its signature, and were explanatory^ of the protective character of Russia's possessions on the continent. RESULTS OF THE NEGOTIATIONS. The negotiations, the progress of which has been traced herein from the promulgation of the ukase of September -1 16, 1821, to their cul- mination in the treaties of April 5/17, 1821, and of February 16/28, 1825, disclose: (1) The motive which impelled the Imperial Govern- ment to issue' the ukase; (2) the respective interests of the United States, Great Britain, and Russia on the Northwest Coast of America; (3) the objects sought by each of the three powers in the negotiations; and i-i) to what extent each nation secured its objects. (1) The ukase of September 4, 1821, was promulgated just prior to the rechartering of the Russian American Company, for the purpose "Appendix, p. 224. 64 THE CASE OF THE UNITED STATES. of preventing- the infringement of the monopoly of the oompan}- hy prohi1)iting the visitation of vessels, other than those of the company, to the coast and islands granted to it as far south on the American side of the Pacific Ocean as 51^ north latitude, and by forbidding such ves- sels from approaching Avithin 100 Italian miles of the continent or islands. The immediate cause was the presence of trading vessels of the United States, which had for mau}^ years resorted to these regions in large mimbers to trade in furs. {•2) The interests of Russia upon the Northwest Coast were those of the Russian American Compan}', which possessed under its charter the rights of exclusive trade, colonization, and governmental administra- tion ill the regions covered b}^ the grant. The interests of the Russian American Company were confined to the extension and prosecution of the fur trade. The interests of the United States and Great Britain were of two sorts, the first related to navigation in the Pacific Ocean, Bering Sea, and the Arctic Ocean; the second, to the fur trade. The American industry' was carried on by independent traders who in vessels visited the coast and islands claimed b}^ Russia. The British fur trade in these regions was prospective of the extension westward of the operations of the Hudson's Ba}" Compan}^ which had been granted a monopoh^ of the trade in all the American territory of Great Britain not included within the crown provinces. This company at the time of the nego- tiations had three trading stations upon the western slopes of the Rocky Mountains between 54° and 56° north latitude, and it was to its interest to secure egress to the Pacific Ocean which would afi'ord an opportunity to establish posts on its shores in the future. (3) The United States and Great Britain, the two leading maritime powers of the period, were equallj^ interested in preserving the free navigation of the high seas, and it was, therefore, important for their conuuercial interests that the extensive maritime jurisdiction assumed l)y the Russian ukase should be renounced. The United States sought to maintain for its citizens the freedom of trade with the natives which they had enjoyed for thirty 3'ears prior to the issuance of the ukase; and as their operations were carried on b}' means of vessels, to secure their free access to the inland waters of the Northwest Coast and its islands. It was also for the interest of the United States in case freedom of trade and navigation of the inland KESULTS OF THE NEGOTIATIONS. 65 waters was rostrictod. to fix the southern l)oundarv of Russia ut as hiuh a parallel of latitude as was possible. (xreat Britain, aetino- solely on behalf of the Hudson's Bay Company, had no object in obtaining liberty to enter the territorial waters and trade with the natives of the Russian possessions, since her subjects did not approach those regions from the seaward side. But, as the accepted rule of international law at that period granted to the nation possessing by occupation a continental coast the drainage basins of all rivers entering the ocean through its possessions, it was, therefore, of first importance to Great Britain to confine the Russian territory as far to the north as possible on the coast, and thus secure a large area for the future operations of the Hudson's Bay Company and an uninterrupted outlet for its furs to the Pacitic. It was, moreover, an object of Great Britain to limit the territory which would accrue to Russia from extensive littoral possessions by establishing its eastern boundary to the westward of the Rocky Mountains, thereby giving an opportunity for the Hudson's Bay Company to operate northward from its western posts, and preventing the approach of Russia to the company's stations on the Mackenzie River. "We must not on any account admit the Russian territory to extend at any point to the Rocky Mountains" is the central idea of the instructions sent to Sir Charles Bagot. Grant to her ""50 or 100 miles from the coast," but do not permit her boundary to be drawn nearer to those mountains. The object of Russia in the negotiations was the same as that which she had sought by the ukase of September 4, 1821, the efficient pro- tection of the Russian American Company in its monopoly of the fur trade. The chief menace to the interests of the company was in the establishment on the islands or the neighboring mainland of foreign settlements, to which the natives who carried on trade with the Russian American Company might take their furs, or from which rival hunters and trappers could be sent out to capture the fur-bearing animals. The first purpose, therefore, was to prevent such settlements, whether established by Americans coming from the sea or ])y the Hudson's Bay Company approaching from the land. To avoid this danger it was necessary to obtain a boundary south of the archi- pelago and coast where the Russian American Company carried on its operations, to the north of which no foreign settlements should be established, either on the islands or mainland: and also to fix upon a 21528—0.3 5 (36 THE CASE OF THE UNITED STATES. boundiirv at a sullic'uMit disttmce from the continental shores inhab- ited l)v the natives, or to which the}' were accustomed to resort in hunting-, to prevent the Hudson's Ba}' Company from reaching the coast and erectino- rival posts there. While the principal dangers to be guarded against were settlements as bases of trade operations, the presence of foreign trading vessels caused an undesiral)le competition, and the traffic in firearms and liquor demoralized the natives. To suppress, or at least restrict, trade of this character was another of the objects sought by Russia. (-I) In the negotiations and resulting tieaties the United States and (ireat Britain obtained the abandonment of the maritime pretensions of Russia and an acknowledgment of the freedom of the high seas for the navigation of vessels of all nations. The United States, by agreeing to a line of demarcation at 54- -iO' north latitude as the southern limit of the Russian possessions, secured the continuance of the fur trade of its citizens north of that line for a term of ten years; and Russia obtained a further stipulation that citizens of the United States should not establish settlements within the Russian territory or trade in fii'earms or liquor with the natives. By the accejjtance of the limitation of trading privileges to a fixed term of ten years the American Government also acknowledged the sovereignty of Russia over the coast and islands north of the line of demarcation. The object of the British Government, to prevent the extension of Russia's dominion as far eastward as the Rocky Mountains, was attained: but as to the limitation of the latter's territory to the section of coast desired and suggested bv the Hudson's Bav Company, that government entirely failed. Each of the four lines proposed by Sir Charles Bagot (see Map No. 3 in the Atlas accompanying this Case) and the fifth one proposed b}^ Secretary Canning in his treaty draft of July i-2, 1824, is a nearer approach to the Russian proposal than the one immediately preceding it, until at last Great Britain assented to the boundary demanded by the Imperial Government. From the first to the last conference of the plenipotentiaries at St. Petersburg the Russian representatives insisted upon a line beginning at the two southern iK)ints of Prince of Wales Island, and running u]) Portland Canal to the mountain chain appearing upon the maps, and thence "along those mountains, parallel to the sinuosities of the RESULTS OF THP: NEGOTIATIONS. 67 coast, as far as the one hunclTed and thirty-ninth degree of longitude." From this position Russia never receded, so far as the Ihiere was concerned. The location of this line proposed by Russia was never in doubt or misunderstood by Great Britain, for Sir Charles Bagot descril)ed it as "drawn from the southern extremity of Prince of Wales Island to^'' the mouth of Portland Channel, thence up the uiiddle of this channel until it touches the mainland, fJi<'nce" to the mountains bordering the coast."' ]\Ir. Stratford Canning informed Mr. jNliddleton that the line on reaching the head of Portland Canal turned eastward until it touched "the highest ridge of the chain of the mountains h'ing contiguous to and nearly parallel with the coast." In a dispatch to Count Lieven, dated April 17, 1824, Count Nesselrode said: ''In order not to cut Prince of Wales Island '^ * '^ we propose to carry the southern frontier of our domains to latitude 54-^ 40' and to make it abut upon the eonilneiit" at the Portland Canal, of which the opening into the ocean is at the same latitude as Prince of Wales Island." This dis- patch was read ]»y ^Ir. Canning, and he authorized Sir Charles Bagot to agree to this portion of the boundar}^ without qualitication. Russia had completed a treaty with the United States b}' which her southern boundary ran east and west along the parallel of 54-* 40'. This was the line of demarcation she insisted upon Great Britain accepting, and this was the line that power did accept. The British negotiator b}^ his first proposed line conceded to Russia the western side of Lvnn Canal. There is no suggestion or reason for believing that such concession was ever withdrawn: on the contrary, the whole course of the negotiation on the part of Great Britain pre- cludes the supposition. Great Britain never desired, never sought, and never asked possession of that region. It was always, in the understanding of both governments, Russian territory, and its protec- tion from foreign traders must have been in the minds of the Rus- sian negotiators when they proposed a line of demarcation to the eastward of that inlet. A territorial zone about the waters indenting the coast, which would debar the Hudson's Bay Company from establishing competing posts along the shores, was believed by the imperial representatives to be created by a boundary drawn along the summit of the chain of moun- tains shown on the Vancouver charts and the official Russian map of « Not italicized in the original. 68 THE CASE OF THE UNITED STATES. 1802. (See Map.s No.s. -i, 5, and 6 in the Atlas accompanying this Case.) An examination of these maps further shows that the head of Portland Canal and the mountain range are approximately 10 marine leagues distant from the shore line of the continent. Therefore, when Kussia proposed to ahandon the mountain Ixjundary and tix a line drawn 10 marine leagues from the shore, and when she accepted that distance as the extreme width of the lisievc, she believed that she was obtaining substantially the same protection as she would under her original proposition. Throughout the negotiations a territorial l)arrier along the water front on the continent was constanth' made prominent by the Imperial Government. In fact, the tirst series of conferences between Sir Charles Bagot and the Russian plenipotentiaries was broken off because the latter demanded the mainland opposite Prince of Wales Island and the former refused to concede it. because to do so would deprive Great Britain of ''sovereigntv over all the bays and inlets" of that portion of the coast. The British Government knew the purpose of Russia in demanding a lis'tere. It did not protest against it, but. with full knowl- edge, and presumptively with the full intention of acceding to Rus- sia's demand, it accepted the line of demarcation which Russia had laid down. Russia secured l)y the treaty of 1825 complete sovereignty over the islands north of 54- 4o' and over a strip of coast extending in a north- westerly direction from that parallel, bounded on the east hy a line which followed up Portland Canal to its head, and thence ran parallel with the indentations of the coast and distant front their shores about 10 marine leagues, as far as Mount St. Elias. Upon these islands and this continental territory British subjects were prohibited from estab- ing settlements. Great Britain secured from Russia the perpetual privilege to her subjects of navigating to and from the sea the rivers and streams crossing the eastern boundary of the lisiere. This privilege is con- lined to rivers (Jfrure.^) and streams (r/vieref). because, according to the nmtual understanding of the high contracting parties, no other water- ways crossed the line of demarcation. British vessels were further granted the ])ri\ilege for the term of ten years of frequenting "all the inland seas, the gulfs, havens, and creeks on the coast"" of the Russian possessions for purposes of fishing and trading, traffic in firearms and liquor being excepted. This latter provision was not NEGOTIATIONS FOR RENEWAL OF PRIVILEGES. ()9 an object of (xroat Britain in the negotiations; in fact, she liad not desired it until a similar privilege was obtained l)y the United States under the treaty of 1824, Thus, while Great Britain had prevented the extension of Russian dominion to the Rocky Mountains, Russia b\' the treaty obtained the protective barrier which she sought, the exclusion of foreign trading posts from her territory and the formal recognition of her rights of possession and sovereignty over her American domain. NEGOTIATIONS BETWEEN THE UNITED STATES AND RUSSIA RELATING TO A RENEWAL OF TRADING PRIVILEGES. Article IV of the treat}- of 1824 between the United States and Russia granted for the term of ten years from the date of signature the privilege to the citizens and subjects of the two nations to " reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harl)ors, and creeks" upon the Northwest Coast of America, " for the purpose of fishing and trading with the natives of the coun- try."" Article VII of the treaty of 1825 between Great Britain and Russia contained a similar stipulation,* which, as Mr. Canning sug- gested,'' followed the text of the American treaty. On April 5 17, 1884, the term for the exercise of the reciprocal privileges granted by the treaty of 1824 expired. Three weeks after, Baron Wrangell, the governor of Russian America, finding that American sea captains at the port of Sitka intended to proceed on their trading voyages through the inland waters of the colony in spite of his verbal notice to them that the term had expired, delivered to them a written circular in which he notified them that the privilege ""within the limits of the Russian possessions on the Northwest Coast of America, namely: north of latitude 54' 40', had ceased for vessels of citizens of the United States."^^ It does not appear that the governor took more active steps to exclude foreign traders from the "^Straits" until March, 1835, although the correspondence indicates that he reported his action to the officers of the compan\" at St. Petersburg before December, 1834.^ On February 16 28, 1835, the privilege granted by the British "Appendix, p. 11. '^Appendix p. 232. * Appendix, p. 16. *" Appendix, p. 245. '"Appendix, p. 211. 70 THE CASE OK THE UNITED STATES. treutv teiniiiiated. Loss than a month after this event Governor Wrano-ell s(Mit the ])rlg C/ueJiogof, under eoinmand of Lieutenant Zareniho, to Tongas, near the southern boundary line at 54^ 40', for the ]nirpo8e of intercepting foreign vessels entering the inland waters of the colony, to the masters of which he was to deliver written notice of the expiration of the treaty provisions." l)eing furnished with six- copies for American and three for British vessels. In the meanwhile Baron Krudener. the Russian minister at Washington, had been directed to connuunicate with the United States Government upon the subject: and on May lt» 31, 1835, he addressed a note to the acting Sccrettiry of State setting forth the course which had lieen taken by Governor "Wrangell, and asking the United States to give public notice of the changed conditions resulting from the termination of the privilege.^ To this note ]Mr. Forsyth, the Secretary of State, demurred, express- ing the hope that the trade relations existant under the treaty might l)e continued;^' but upon the Russian minister renewing his request, Mr. Forsyth informed him that ''an inforn)al notice" would be given "through the pul)iic journals of Baron Wrangell's warning to the cap- tains of American vessels on the northwest coast" of the continent.'' Accordingly such a notice was published in the Globe newspaper on July 22. 1835, in which it was stated that the treaty stipulation had expired and formal notice had been given to American captains by the Russian governor that they could no longer chiim trade privileges under the treaty.' A few days later the Secretary of State transmitted to Mr. Wilkins, the American minister at St. Petersburg, the correspondence which had taken })!aci'. and directed him to open negotiations for a renewal of the ])rivilege.' On November 4, 1835, Mr. Wilkins had an inter- view with Count Nesselrode upon the subject,-/ at which he handed to him a memorandum proposing a renewal of the stipulations of Article IV of the treaty.''' to which the Russian minister replied that he desired to consult the directors of the Russian American Company before expressing an opinion, since they "were particularly inter- ested in the decision of the question." ' The-t'oUowing day Mr. AVilkins « Appendix, p. 233. /Appendix, p. 239. ''Appendix, ]i. 236. f/Api)endix, p. 241. 'Appendix, ]>. 237. Z' Ajipendix, p. 242. ''Aj>pendix, j). 238. 'Appendix, p. 243. (■ Appendix, p. 240. NEGOTIATIONS FOK RENp:WAL OF rRIYILEGES. 7l addressed another ineinoranduin to the Minister of Forei^-n Affairs setting- forth in detail what he conceived would be the ad\ antag-es secured by renewing the privilege/' On November 11, the sul^ject was laid before the Minister of Finance by Count Nesselrode, who called his attention to the fact " that a simi- lar convention was concluded in 1825 with the Government of Great Britain concerning the navigation in our dominions in North America,'' and, although it had "not yet taken any steps looking toward the renewal of this Treatv," it was to be expected that it would make a similar proposition in case Russia consented to renew the article with the United States/' Mr. Wilkins, on December T, had another interview with Count Nesselrode,"^ at which he submitted a draft of treaty renewing the privilege indelinitely, with the proviso that either party might denounce it upon twelve months' notice/'' The American minister was informed that Great Britain had not applied for a revival of the mutual privi- lege, but, if it was granted to her, it would l)e immediately given to the United States. Three days later Count Nesselrode addressed a note to ]Mr. ^Yilkins stating that the question could not l)e determined until the Imperial Government had received information from the North- west Coast as to the interests and wants of the Russian establishments, and that such information could not be expected before the following spring. The subject was not again renewed by the United States until April, 1837,' and in the meanwhile Great Britain had made no appli- cation for the rei.ewal of the privilege. The silence of the latter Government is explained by the fact that in June, 1834, prior to the expiration of the stipulation in the British treaty, a Russian officer had forcibly prevented a vessel, the Dryad., belonging to the Hudson's Bay Company, from entering the Stikine River, for the stated pur- pose of ascending it to the territory of Great Britain behind the Jh'iere. (See jxjsf, p. 77). The matter became a subject of diplomatic corre- spondence, which extended over several 3'ears. until finally settled by the lease of the li.sierc by the Russian's American Company to the Hudson's Ba}" Company. In April, 1837, the United States renewed its efforts to obtain an « Appendix, p. 242. '^Appendix, p. 247. ^Appendix jip. 245,246. f Appendix, p. 248. ^^ Appendix, p. 246. 72 THE CASE OF THE UNITED STATES. extension of the treaty provision," and also sought to recover damages for tlie expulsion by a Russian armed brig of an American vessel, the Lnrhd. in August. 1830, which had entered Russian waters from the south. The correspondence upon the subject was concluded in 1838 by Russia's refusal to continue the trading privilege or to recognize the claim of the Lor lot J' To that decision the United States submitted, and on September 26, 1845, gave official notice warning American vessels against the viola- tion of treaty stipulations ''bj- resorting to any point upon the Rus- sian American coast where there is a Russian establishment, without the permission of the governor or commander, nor to frequent the interior seas, gulfs, harbors, and creeks upon that coast at any point north of the latitude of 51:-^ 40'.'"'^ Thus. Avhatever question had been previoush^ raised by the United States it tinally recognized the com- plete sovereignty of Russia over the Northwest Coast of America north of latitude oi^ 40'. RUSSIAN OCCUPATION. After the treaty of 1825 went into ettect, one of the first acts on the part of the Russian Government in the assertion and enforcement of its title to the territorv guaranteed to it by that treaty, was the prepa- ration and publication by that government of a map, in 1826, upon which the boundary line was distincth" laid down as extending from the head of Portland Canal, at a distance of 1(> marine leagues around all the inlets of the sea, to the 141st degree of longitude, and thence along that parallel to the Arctic Ocean. (See Map No. 11 in the Atlas accompanying this Case.) The next year another map was pub- lished by the Russian (government with exactlv the same boundary line laid (h)wn. (A description of this second map will be found in the Appendix, page 513, No. IS.) Up to the time of the cession of the Russian possessions in America to the United States all Russian maps, official or otherwise, marked the boundary uniformly in the manner described. The exercise of sovereignty and occupation by Russia in the terri- torj' known as the list ere, aside from the exclusion of foreign vessels and citizens from trading with the natives, already noticed, may be "Appendix, p. 248. '^Appendix, p. 249. c Appendix, i>. 250. RUSSIAN CONTROL OF INDIANS. 73 classiiiod as follows: (1) Control over the Indian trilx's; (2) the con- duct of trade; (3) the establishment of posts and forts; (4) the mainte- nance of its territorial rights ag-ainst foreign encroachments; and (5) the survey of the straits, inlets, and rivers. RUSSIAN CONTROL OF THE INDIANS. The control of the Indian tribes on the continental shores began many years before the treaty with Great Britain of 1825. In the accounts of the voyages of the Russian explorers who were laying the foundation of the imperial possession in America during the latter part of the eighteenth century, frequent reference is made to the measures taken to secure the allegiance of the native chiefs and to the plans inaugurated to convert them to Christianit}'. One of the most noted of those events was the submission to Russian authorit}' of the chief of the Chilkat tri])es. In the year 1788, Ismailof, a lieutenant of Shelikof, one of the founders of the Russian American Companj", anchored in the Yakutat Bay and spent some time in that vicinity. He met there the Chilkat chief, who had come from his home on the Chil- kat River, near the head of Lynn Canal, to visit portions of his tribe inhabiting the region about that bay. He established friendly rela- tions with the chief, explained to him the purposes and power of the Russian Government, presented him with a coat of arms, an insignia of the Russian double-headed eagle, and portraits of the imperial family. The chief in return pledged his devotion to the Russian Crown by presenting the Russian officer with a sacred iron crow's head and other evidences of his allegiance." In 1795 Baranof, governor of the Russian American Company, visited the same bay, renewed the amicable relations with the Indians, and with great eclat planted the Russian flag on the shore. Thence he passed on to Chilkat Inlet, where he repeated his experience, and erected crosses with the inscription, ""This land is Russian territorv."* During the Russian occupation of the islands and adjoining Jhiere active efforts were put forth to lead the natives to accept Christianity, and various schools were established among theuL Two priests claimed that up to 1860 they had baptized 4:4:7 of the Stikines and others of that vicinity. When the territory was transferred to the United States in 1867, the Russian department of the interior reported "Appendix, pp. 252, 255, 256. & Appendix, p. 257. 74 THE CASE OF THE UNITED STATES. thiit nearly all tlio tribes of the Tbliiikits inhabiting the mainland were Christians, but this statement must be taken with some reserva- tion. " The authorities, in addition to the encouragement of the clergy, exerted their intluence to correct the brutal and barbarous practices of the Indians, one of which was to oti'er up as sacrifices at funerals the lives of their slaves. The chief of the Stikines was induced to abandon the bloody rite in 1837, and in recognition of his noV)le act the Emperor presented him with a gold embroidered caftan and he was given a certificate of honor by the governor.^ The officials of the colony lal)ored earnestlv to exclude intoxicating liquors, and the illicit traffic of the American and British traders among the natives gave them much trou))le. The Chilkat and Stikine tribes were in constant enmity, and the authorities were kept on the alert to prevent war or restore peace among them.'' Such of the chiefs as manifested special loyalty to the Imperial Government were decorated with a silver badge and were entitled "Allies of Russia."'' In order to bring about a closer union between the Thlinkit triljes and the government a supreme chief of all these tribes was appointed in 1842, and the colonial council in 1862 exercised its authority in appointing a chief over the Stikines,'' In order to protect'their exposed establishments on the lisiere, the author- ities sometimes resorted to the expedient of taking the chiefs or their sons as hostages.-^ So great was the influence established by the Rus- sians over the natives that even after the Hudson's Ba}^ Company had taken possession of the Uslert, when the post at the mouth of the. Stikine was besieged by the Indians in 1846. the mere appearance of a vessel of the Russian American Company is said to have saved the post from destruction. A similar danger was averted in 1802 by a Russian naval officer scn-uring the promise of the chief to restore order. ^ Tikhmenief. the historian of the Russian American Company, pub- lished in 1861 a census of th(» native tribes, called by the Russians the Koloshes and known l)y later ethnologists as the Thlinkits, who inhabited the mainland up to Prince William Sound and the adjoining « Appendix, pp. 259, 318. ''Appendix, pp. 258, 316. ''Appendix, pp. 259, 308. /Appendix, pp. 2H8, 274. <'Api)endix, pp. 274, 303. '/Ai)pendix, jk 317. '' Ap]iendix, p. 309. THE CONDUCT OF THE EFR TRADE. 75 isliiiids. In this enumeration ot" Indians are found the Chilkat, Taku, and 8tikine tribes." It is thus seen that the Russian Gov^ernment exercised authority over the native inhabitants of the Usiere from the date of the treaty of 1825 up to the cession of its American possessions to the United States. THE CONDUCT OF THE FUR TRADE. Durino- the same period the Russian American Company carried on an active barter with these Indians, and, after the expiration of the ten years' privilege granted to the Americans under the treaty of 1824, the trade with the natives was strictly contined to that company. So jealous were the authorities of their exclusive sovereignty that the}' construed the attempt of the captain of one of the American ves- sels, even before the ten years' privilege had expired, to introduce a missionary among the Indians as a violation of the treaty.'' For some years after the treaties the compan}^ maintained no per- manent establishments within the Usiere^ making the central post at Sitka, or New Archangel, the base of operations, and thence sending out annual expeditions to the head of Lynn Canal, Taku Inlet, the mouth of the Stikine River, and other appointed places of rendez- vous, where the barter for furs was conducted. But events occurred which compelled a change of methods. By 1829 the Hudson's Bay Company had reached the coast of the Pacific Ocean and established a post on Vancouver Island. From that post it dispatched an agent, Lieutenant Simpson, to Sitka earl}' in 1829, with a letter addressed to the manager of the Russian American Company, giving him notice of the intention to establish another post on the northern limit of the British coast, and proposing that a friendly understanding be reached as to the future conduct of trade. Among the matters suggested were a joint agreement to put a stop to the sale of firearms and liquor which was injurious to the natives and embar- rassing to trade, and an ofter to exchange with the Russian company' Furopean goods and supplies at fair prices for furs.' The Hudson's Bay Company's agent was hospita1)ly received, and sent back with a civil answer. This led to correspondence between the head offices at « Appendix, p. 316. ''Appendix, p. 235. 'Appendix, p. 259. 76 THE CASE OF THE UNITED STATES. London unci St. PotiM-sburg- aiul a reference of the subject to the Russuin Government, but no detinite action was had respectino- the proposi- tion." Meanwhile the new po.st of the Hudson's Bay Company had lieen estal)lished at Naas. on 01)servatory Inlet, just in front of the boundary" at l*ortiand Canal, and the Kussian con)pany began to feel the damag-ing effects of this close competition among- the Indians of their southern frontier. But this was not the worst of the e\ils which threatened the Russian compan^^ In 183:2 news was received of the intention of the Hudson's Bay Company to establish a settlement up the Stilvine River "at such a distance from the sea as not to infringe upon" the treaty of 1825, the British having ""a right to settle at a distance of 30 Italian miles from the sea on the river." This was followed the next year by the information that an English expedition had actually ascended the Stikine and selected a spot for the new settlement.'' These movements greatly alarmed the Russian company for the safety of its trade, and it at once adopted energetic measures which essentiall}^ changed the methods of its trafHc. The vessel which had been engaged in the trade within the Usiere was "put on a war foot- ing," and dispatched to the mouth of the Stikine, with orders to there erect a redoubt and fortify it. A new vessel was built with all speed to look after the trade in the Chilkat region, named theC'/i/'Ilrtf. In addi- tion to the redoubt at the mouth of the Stikine, called St. Dion3'sius, the board of directors reported to the government at St. Peterslmrg that the safety of that redoubt "as well as the continuous maintenance of trade with the natives, demand that a chain of stations be estab- lished from the southernmost redoubt of our possessions, St. Dionysius at Stikine, to the north to the Chilkat Strait, named Lynn Canal b}- Vancouver. ''<■ From this time forward until the lease of the //.wV/v to the Hudson's Ba}' Companv, the Russian American Company carried on its fur trade with the Indians mainly through its permanent establishment at the mouth of the Stikine River and througii the other settlements up to the Chilkat Inlet in Lyim Canal. "Appendix, pp. 260-264, 31.3. ^ Appendix, pp. 264-266, 272-273. •Appendix, pp. 235, 266, 274-275, 280, 320. THE AFFAIR OF THF: DRYAD. 77 THE AFFAIR OF THE DRYAD. In 1834, the _voai' {ift(>r tlu> t'ouiuliiiH- of tlio vSt. Dionysius reclout)t. a vessel of the Hudson's Bay Compaii}', named the Jh'i/dd, a|)})eaied in sight of the redoubt, and was boarded by a Russian officer who dcdix- ered to the captain a written notice from Baron Wrano-elj, governor of the Russian colony, to the effect that it was no h)nger permitted to foreign vessels to trade with the natives." The Dnjad had on board a colony of settlers and a full outtit for the establishment of a trading l)Ost. Dr. Dawson, the Canadian authority, states that the vessel was fitted out by the Hudson's Bay Company " for the purpose of estab- lishing a post and colony at the mouth of the Stikine." This state- ment is continued by Professor Dall, the American author. '" Such a report reaching the Russian authorities may more fully explain the activity of their military preparations at the mouth of the Stikine. But Mr. O^den, the chief of the Naas station, in charge of the British expedition, stated that it was his intention to form an establishment "ten marine leagues inland,''' and this statement was accepted b}- the Russian authorities. The Dryad was not permitted, however, to ascend the river and proceed to her destination, upon the ground that it would l)e a viola- tion of the stipulation of Article II of the treaty of 18^5, which for- bade British sul)jects to "land at any place where there may be a Russian establishment." The vessel returned to Naas, and the British Government presented to the Russian Government a demand on behalf of the Hudson's Bay Company for an indemnit}' of £22,15o on account of losses sustained by the company because of the action of the Russian authorities. This claim for damages was the subject of a lengthy correspondence between the British diplomatic representatives at St. Petersburg and Count Nesselrode, extending through four years, and it w^as finally adjusted through an arrangement between the two rival companies, by which the Russian American Company, with the express authorization of the Imperial Government, leased the Udere to the Hudson's Bay Comi)any for a term of years. ^^ This arrangement had two objects in view. As stated bv Count "Appendix, ]>. 267. ^Appendix, j). 269. 'J Appendix, pp. 320, 321. ^'Appendix, ])p. 271-312. 78 THE CASE OF THE UNITED STATES. Nesseli'odc. the first wtis "the iulvantage of doing- invay witli all rivalrv in the fur trade and of putting an end to the frequent occasion of friction with the English and with the citizens of the United States of America which have already led to unpleasant correspondence with these Governments." Second: " It would enable us to avoid all further explanations with the (government of the United States as to its cease- less demands, disadvantageous to our interests, for the renewal of Article IV of the treaty of 1824:, which granted to American ships the right of free navigation for ten years in all the straits and seas adja- cent to our dominions on the northwest coast of America."' ^' The atiair of the Di'tjd I illustrates in a forcible manner why the Kussian company and its government were so firm in their position during the negotiation of the treaty of 1S25 that a strip of territory should be preserved on the shores of the continent of sufficient width to act as a l)arrier to keep the Hudson's Bay Company from inter- fering with their trade in furs with natives inhabiting those shores. The governor of the colony, Baron Wrang.dl, represented to his gov- ernment in the strongest terms the evil efi'ects of the establishment of a British post on the Stikine River immediately adjoining the boundary line. It would enable the British trappers and himters, with their superior weapons and methods of securing game, to deprive the Indians of their only means of livelihood. ''It is for this reason,"" he writes, '"that the Stikines ask us most earnestly not to allow the British to enter the river; they foresee the fatal consequences to their people if the British succeed in cutting oif their only source of trade. In fact, the consequences will be terrible and unavoidaljle; the numerous, enterprising and formerly wealthy tribe of the inhabi- tants of the coast (Kolosh) will become a tribe of brigands in the full sense of the word if the\' are brought dow'n to abject poverty; * * "^' they can, if the}' act together, work fearful ruin by attacking the fort and vessels. * * * I ask again, does not humanity, jus- tice, and th(^ very duty of Russia with regard to the aborigines of her possessions in America, call us to the aid of the people?"* The Imperial (irovei'nment, while it was forced to admit to the British ambassadoi- that the expedition up the river was authorized under the treaty, did not fail to recognize the cogency of the Russian company's appeal, and brought about the oidy method of relief, the lease of the strip, which put an end to rivalry in the trade. "Appendix, p. 312. & Appendix, pp. 277, 278. THE AFFAIR OF THE DRYAD. 79 The Di'f/(((f ntl'air tilso ])riiiii's out in uniiiistakiil)lo terms the under- standing- of uU the parties in interest as to the extent and etiect of the lisiei'e. Lieutenant Simpson, who visited Sitka in 1829, and the Stikiiie in 1831, announced the intention of the Hudson's Bay Corn- pan}^ "of establishing a settlement "" * * up the river falling into this ])ay [mouth of the Soundj at such a distance from the sea as not to infrinoe upon the last convention concluded between Kussia and Great Britain with regard to our frontiers/'" Mr. Ogden, the manager of the Hudson's Bay Company at Naas, on his arrival at the mouth of the Stikine in the Dryads stated to Baron Wrangell that his instructions were to '''form an establishment lo marine leagues inland, in accordance with clause 2nd, art. 4, of Convention entered into between Great Britain and Russia.''* Three months later, when he visited Sitka to confer with Wrangell about the J)r)/iul ali'air, he claimed the right under the treaty to cany out the intention of his company to establish "a settlement np the River Stikine at a distance of 1<) leagues from the sea."'' It will be remembered that Mr. Ogden had during the year 1833 passed u]) tiie Stikine to the spot designated for the post, and was familiar with the topography of the countrv.-' Mr. McLoughlin, the company's manager at Vancouver, in giving an account of the affair to the governors of the Hudson's Bay Company in London, trans- mitted Mr. Ogden's i-eport, which contained the statement above quoted, and also referred to the locality.^ The deputy governor, Mr. Pelly. in asking the British Government to make the demand for indemnity, stated that the purpose was ""to form a trading establish- ment within the British Territories at a distance from the Ocean exceeding ten marine leagues up the Stikine river. "-^" Lord Durham, the British ambassador, in presenting the demand for indemnity to the Russian Government, based it upon the fact "that the Russian authorities on the N. W. Coast of America have interfered with an expedition fitted out * '^ ^ for the purpose of forming a settlement ten leagues up the Stikine River.'" '■/ The London Times in its account referred to the purpose of the company of "■ erect- ing an establishment at the distance from the line of coast prescribed hj the treat}'."''' "Appendix, p. 264. « Appendix, p. 272. ''Appendix, p. 269. /Appendix, p. 278. '"Appendix, p. 276. r/ Appendix, p. 285. '^ Appendix, pp. 272, 283, 313. /'Appendix, p. 280. 80 THE CASE OF THE UNITED STATES. Buroii ^^'l•rtll^•oll. in sul)inittiii»:' his account of the DvyaJ ati'air to the hoard of director.s in St. Petersburg, stated "'that the Hudson Bay Co. liad likewise the intention of settling- there, as by the terms of the Convention the British have the right to settle on the Stikine River at a distance of 3(> Italian miles from the sea." And in another part of the same account he speaks of ''the localities desired by them [the British] 1<» leagues up all the rivers and rivulets falling into our straits."" The ])oard of directors at St. Petersburg, in laying the matter before their go\ernment. in discussing the terms of the treatv, alluded to the ruinous consequences which would result to the colony "if the English be'allowed to establish their factories on all the water courses ui)on the boundary line, that is, within ten miles ^ from the coast."'' Count Xesselrode, at the end of the long correspondence, advised the department ha\ ing under its supervision the atiairs of the Russian American Company ''that our colonial authorities — contrary to the treaty — issued the order proliibiting Mr. Ogden from sailing up the Stakine river to the English dominions, where he wished to establish a trading post, this 'oeing entirely within his rights."'' It is thus seen that the British and Russian authorities concurred in the view that the boundary line between the Russian and British possesions on the lisiere, according to the treaty, crossed the Stikine River at a i)oint Itt marine leagues, or 30 miles, from its mouth. It is also to be noted, that the Russian authorities understood this distance to be measured from the mouths of "the rivers or rivulets falling into out straits." RUSSIAN SURVEYS ALONG THE LISIERE. A further fact in connection with the Russian occupation of the lifilen- is to be noticed in the frequent surveys which were made of its inland waters. In 1884 the Taku River was discovered, and in 1838 it and the l)av of the same name Avere surveyed and soundings made.^ The Stikine River was surveyed in 1837 from its moutli to the interior boundary line and the map thereof forwarded to the hydrographic office in St. Petersburg. (See list of maps and charts, No. 28, Appendix, « Appendix, pp. 274, 278. ^The word "miles" is i>lainly an ernir, and should read lertfjues. (•Appendix, p. 290. <' Appendix, p. 307. *Api)endix, pp. 273,303. RUSSIAN SURVEYS ALONG THE LISTERE. 81 p. 514.) On this map the boiiiularv is marked on the river, as also the proposed British post "some distance farther in the interior. Lynn Canal, in the vicinity of the mouth of the Chilkat River, wassurvej^ed in 1838 and a maj) of it forwarded to St. Petersburg-. (See list of maps and charts, No. 45, Appendix, p. 510.) The Stikine River was again surveved in 18(53 beyond the boundar}- line.'^ This second surve}' was occasioned by the discovery of gold toward the headwaters of this river, and the expedition was for the purpose of ascertaining whether the gold deposits were within Russian territory. The character and results of the Russian occupation and control of the Ilstere and the estimate in which this occupation was held ]\y the inhabitants of the adjacent British territory mav be seen from the editorial in the Colonist newspaper, published in 1863 at Victoria, British Columlna. It spoke of the probability of negotiations between England and Russia for the acquisition of the seacoast north and south of the Stikine River, as "certainly it is not desirable that the business of such a highway [the Stikine] should reach the interior through a Russian door of 30 miles. ^ * * The strip of land which stretches along from Portland Canal to Mount St. Elias, with a breadth of 30 miles, and which according to the Treat}" of 1825 forms a part of Russian America, )uust ecentuaUy hecome the property of Great Br'itniru either as the direct result of the development of gold, or for reasons which are now 3'et in the beginning. 1)ut whose results are certain. It is clearly undesirable that the strip 300 miles long and 30 miles wide, which is only used by the Russians for the collection of furs and walrus teeth, shall forever control the entrance to our very extensive noi'thern territory. * * * The mouth of the Sta- kine nuist be ours, or at least an outer har1)Our must be established on British soil from which our steamers can pass the Russian girdle."^ From the foregoing review of the Russian occupation between 1825 and 1807. it is apparent that there was no disputed ownership of the interior arms of the sea within the JUlere, or that Great Britain ever was in possession or set up any claim to the heads of any of the inlets of the mainland north of 54^ 40'. Over the two most important inlets and only navigable river of the lisiere — Lynn Canal, Taku Inlet, and the Stikine River — the Russian Government exercised various, repeated, and unquestionable acts of sovereignty, such as the sur- « Appendix, p. 307. ''Appendix, pp. 318, 321. ''Appendix, pp. 322,323. 21528—03 6 82 THE CASE OF THE UNITED STATES. vevs of the waters and shores and the establishment of bouudar}' marks, the erection of forts and military posts, and the maintenance of exclusive trade with and supervision of the Indians. Thus for fort^'-two years after the treaty of 1825 Kussian possession of that reo-ion remained unchallenged. CESSION OF THE TERRITORY TO THE UNITED STATES. Tlie treaty for the cession of the Russian possessions in North America b}^ His Majesty the Emperor of Russia to the United States was signed in Washington March ?AK and ratified May 28, 1867. The immediate causes and the steps taken for the negotiation of this treaty, so far as made public, are set forth in the Appendix '^' and need not be enumerated here. The preamble to the treaty states that the high contracting parties were "desirous of strengthening-, if possible, the good understanding which exists between them." By Article I "the Emperor of all the liussias agrees to cede to the United States * * * all the territory and dominion now possessed b}' his said Majesty on the continent of America and in the adjacent islands" within the limits set forth, the eastern limit being "the line of demarcation between the Russian and the British possessions in North America, as established by the con- vention between Russia and Great Britain in February 2816, 1825, and described in Articles III and IV of said convention," which are textually inserted.* The consideration for the purchase was fixed at $7,200,000. The ratifications of the treaty were exchanged June 20, 1867, and it was proclaimed on the same da3\ But before that date, on Ma}^ 13, the American commissioner to receive the transfer of the territorial posses- sions, which were henceforth given the name of Alaska, was appointed, and on Ma\' 20 an order was published providing for a detail of troops from the United States arm}- to occupy the new possessions.'" Some delay occurred in the arrival from Europe of the Russian commissioner. The commissioners were carried to Sitka in a United States government vessel, and the formal transfer of the territorj^ was effected at that place on October 18, 1867, a body of United States troops and the military commander of the territory having arrived just previous to that date. The ceremony was witnessed by the officials and troops of « Appendix, pp. 324-331. ^Appendix, pp. 18, 20. c Appendix, p. 328. CESSION TO THE UNITED STATES. 83 both g-overnments, the imperial flag' of Russia was lowered and that of the United States run up in its place, while the artiller}- of both nations united in the salute." Concurrently with these movements a vessel of the United States revenue marine, the Lincoln^ was dispatched by the Secretary of the Treasury with a complement of officials, for the purpose of ""affording- protection to the revenue during the period of doubtful and uncertain jurisdiction," as well as to procure information which would be useful to the government in organizing the administration of the territory. The report of the officer in charge of this expedition shows that he pro- ceeded up the inland passage to the head of Lynn Canal, before going to Sitka, put himself in communication with the head chief of the Chilkat tribe, and held a conference with him and several minor chiefs, explained to them the transfer of the territory to the United States, and received from them assurances of allegiance "" to the new flag." An American flag was presented to the head chief, which he placed in the bow of his canoe as he took his departure. The officer reports that ''the United States flag was hoisted at Chilkat within a few minutes of the time it was hoisted at New Archangel [Sitka], as it was afterwards ascertained." After repairing to Sitka, on the return voj^age to San Francisco, the revenue cutter stopped at the mouth of the Stikine, which was made a customs office or station. A con- ference was held likewise w^ith the principal chief of the Stikine tribes, an American flag was given him, and a certificate that he had been recognized as the chief of the Stikines.'^ There was also sent on the Lincoln an assistant superintendent of the United States Coast Survey, with a staff" of scientists, to make observations and gather material with a view to perfecting- the sailing charts and maps of the newdy acquired territory. The report of this officer contains a detailed account of the waters in the vicinity of the southern boundary of 54^ 40', of the Stikine River, and Taku inlet and river. During the stay of the Lincoln at the head of Lynn Canal, observations were taken and a survey was made of the mouth of the Chilkat River and adjacent waters. On his return the assistant superintendent reported: "The general map of the coast, not yet finished, is compiled from the maps of Tebenkoff" [a former Rus- sian governor], from manuscript maps, kindly furnished me by Prince « Appendix, pp. 334,335. & Appendix, pp. 337-340. 8i THE casp: of the united states. Muksoutort'. govonior of the late Russian coloiiios, and from examina- tions of my o\vn.*"" At the time of the vi.>?it of the Lincoln the Hudson's Ba}^ Compan}-, which had been in occupation of the lisiere under its lease from the liussian American Compan}', had withdrawn its posts. A vessel of the former com])any was, however, reported to have been met at the mouth of the Stikine '"'■ in transitu for their posts in the interior." It was also stated ))y the revenue agent that there was "about thirty (3()) miles from the mouth * * * a station esta))lished, since our pur- chase, by the Hudson Bay Company, it is said, directh' on our line.*''' In one of the reports is the information concerning- that compan}' that "from the mouth of the Chilkaht alone the}- took this year [18()T] over twent3'-three hundred martens or Hudson Bay sables."'' THE EVIDENCE OF THE MAPS. The Government of the United States, when it entered upon the negotiations which resulted in the cession of Alaska, in 1867, had full knowledge of the extent of the territorial possessions of Russia on the mainland of the Northwest Coast of America. It had been a party at the outset to the negotiations under which the eastern boundary of these possessions was delimited by the treaty of 18:25. It was fully conversant with the later negotiations of that treaty,'' and with the subsequent events respecting the territory which it acciuired by the treaty of cession of 1867. Besides this diplomatic and historical information it was possessed of a knowledge of th(! official and most authentic maps and charts of Russia, Great Britain, and the other enlightened nations of the world. From this information and knowledge, as well as from that secured from the Russian minister during the negotiations, the Secretary of State, who had negotiated the treaty of cession, upon the suggestion of Charles Sumner, chairman of the Committee on Foreign Relations of the Sen- ate of the United States,' caused a map to be prepared and published carefully delineating the boundary line between the newly ac(|uired possessions of the United States and Great Britain. (A facsimile of this map will be found ip. the Atlas accompanying this Case, marked (' Appendix, pp. 341-344. '? Appendix, p. 224. '^Appendix, pp. 339,340. ''Appendix, p. 540. 'Appendix, p. 342. THE EVIDENCE OF THE MAPS. 85 No. '24.) This niup was printed between April ^o and April 30, 1807, and was used by Senator Sumner while the treaty was under consid- eration in the Senate." It was published six months before possession was taken of the ceded territory, and one 3^ear before the stipulated purchase money was paid.'^ The map Avill be found to conform in respect to the boundary line to sul)stantially all the maps and charts of other nations up to that date which delineate that reg-ion of the globe. A reproduction of a number of these maps will be found in the Atlas accompanying this Case, beg-inning- with No. 11. The list includes official or authorized maps — Russian, British, Canadian, French, Spanish, German, Belgian, and American. In addition to those reproduced in facsimile, a descriptive list of a large number of other maps, togethei' with geographic notes and information taken from accepted authority, is appended,'' showing that the boundary of the ceded territory as claimed by Russia and accepted by the L'nitecl States was recognized by all cartographers and geographical writers. It is to be noted, in an examination of these maps, that the majority of those published subsequently to the treaty of 1(S25 do not reproduce the chain of mountains parallel to the coast as shown in the Vancouver charts. But the universal method followed by cartographers in draw- ing the boundary line at 10 marine leagues from the shore of the main- land shows that it was their opinion that no dominant range existed between that line and the sea. This belief, which was necessarily based upon very meager data, has been fully confirmed by recent investigations made in that region by ofiicers of the United States Coast and Geodetic Survey. In 18'93 a joint international survev of the coast of the mainland between Portland Canal and the head of Lynn Canal was undertaken by the United States and Great Britain.'^ The American ofiicers sent out in companj' with the Canadians examined the shores, and penetrated inland at several points for the special purpose of determining the character of the country. From their observations the following facts were established: That the mountains have a tendency to increase in altitude the farther they are situated from the shore; that throughout the lislere the mountains are composed of numerous isolated peaks and short ridges running in different directions, and that within 10 « Appendix, p. 543. c Appendix, pp. 511-522. '^ Appendix, pp. 33(3, 540. i). 529-538. ''Appendix, pp. 339, 340, 342. AMERICAN MILITARY OCCUPATION. 87 he should ''act a.s their o-eneral superintendent, protecting' them from abuse, and regulating their trade and intercourse" with the white inhabitants. He was to exercise the greatest vigilance and strictly enforce such regulations as he might deem necessary in regard to them.^' Even before the transfer was etfected the general command- ing the division of the Pacific dispatched from San Francisco an officer, Colonel K. N. Scott, to visit the Territory of Alaska for the purpose of ascertaining and reporting upon the Indian tribes inhabiting that region, and their relations to each other and to those Avithin British territory. He was also to report the steps necessary to be taken l\v the army authorities to control them and maintain peace. * In his report, dated Novemlier 12, 1867, Colonel Scott gave the result of his observations and inquiries between Cape Spencer (near latitude 59*^) and Portland Canal, relative to the Indians on the mainland and the islands. He referred especially to the tribes living "along the shores of the various baj^s, rivers, and inlets," as those which would require the interposition of the navy with light-draft gunboats or armed quar- termaster's steamers, prepai'ed to inflict summary punishment, and among these he mentioned the Chilkat Indians. He also cited the Stikine River and the inlet at its mouth as a locality which should receive military protection.^ Attached to his report is a list of the Indian tribes on the islands "and on the mainland from Cape Spencer to Portland Channel,'' with their estimated population. This list, he stated, was prepared with the aid of the officers of the Hudson's Bav Company, who had so lately l)een in possession of the region visited. In this list are found the Auks "scattered along Douglass Channel, on Douglass Island, and on the mainland from Lynn Canal to Taco Inlet." The Chilkats are located "at the head of Lynn Canal and mouth of Chilcah River." The Takus are mentioned as living about the " head of Taco Inlet." Of the Stikine Indians he reported that "five or six hundred of them live on the Stikeen River, and the remainder are scattered along the coast from Point Highfield to Port Steward. * * * I can not say liow many of the Stikeens are in our terri- tory." Capt. Horace Coffin, '"who was for many years a trader among the northern Indians, and who lateh' commanded a steamer in the service of the Russian-American Telegraph Company."'^ reported to Colonel Scott that there was "a Russian boundary monument on "Appendix, p. 353. <■ Appendix, pp. 347-350. & Appendix, p. 340. rf Appendix, p. 349,353. 88 THE CASE OF THE UNITED STATES. that river, about 135 miles from its mouth, marking- a point ten marine leagues from the coast. If he is correct as to the nature of this mon- ument, most of these Indians are within our boundary."^' Captain Coffin, it will l)e seen, is corroborated as to the existence of the Russian boundai y monument b}^ Lieutenant Lindenberg's surve}^ of the Stikine in IS37.'^ During- the military occupation of Alaska General Davis and other officers made frequent reports of the exercise of authority on the main- land within the Ilsitre^ and especially at the head of Lynn Canal. On May 27, 1868, General Davis reported the visit to Sitka of the Chilkat chiefs to make ''apologies for their past conduct toward the whites" and to express "their sincere desire to cultivate friendly relations." He described them as "the most formidable and hostile Indians, prob- ably, in Alaska," and he reconmiended that troops "be sent to L3nin Channel and a post established there." In the same report is an account of the visit of chiefs from both the- Taku and Stikine tribes for the purpose of establishing- good relations and making peace with the Sitka Indians, which was accomplished through the general's intervention.^ Under date of August 3 of the same year (jeneral Davis made a report of a visit to the mouth of Chilkat River, at the head of Lynn Canal, where he had "a very satisfactory interview" with a number of the chiefs. "They are now," he said, "ver}^ friendly disposed toward us." Other visits of the Chilkat and Taku chiefs to Sitka were reported under date of December 21. "Thej^ express themselves as well satisfied Avith the treatment they receive from us."-' On January ."), 1869, a report was made of the arrest at Sitka of the principal chief of the Chilkats, ""the most powerful and vindictive chief on the coast." for ""an attempt at war." But five days later he gave "good assurances of his peaceful intentions for the future," and he was soon after released.'' During the year 1869 William H. Seward, who, as Secretar}^ of State, had negotiated the treaty of 1867 for the cession of Alaska, paid a visit to the Territory. While he was at Sitka news was received from the region about the head of L^'nn Canal that the Indians who had been showing a hostile spirit and were threatening "Appendix, p. ;i52. (Appendix, p. 354. '' A])pen(lix, p. 514, Map Xo. 28. <' Api)einlix, j). 355 « Appendix, ]>. 356. AMERICAN MILITARY OCCUPATION. 89 war on the Sitka Indians were desirous of establishing- peace and friendship with the military authorities, and General Davis decided to again visit them, and he invited Mr. Seward to accompany him. On their arrival thev were met at the mouth of the Chilkat River by the head chief and several subchiefs, who escorted them up the river with much ceremony to the headquarters of the chief at the village of Klukw^an. Here a grand council with all the chiefs was held, during which it appeared that the cause of the hostilities had its origin nine or ten years before. '•'Then it happened." said Mr. Seward to the chiefs, ""when this country belonged to the Emperor of Russia — long before it became the propei'ty of the United States. He was a great sover- eign, who listened to the Indians and treated them with kindness." And it was suggested that redress should have been asked of the Rus- sians. The answer of the chiefs was; "We did appeal to the Emperor of Russia, but he gave us no redress. Perhaps he was too poor; we know he was poor, because he had to sell his land to the Great Tyee [chief j. But now the Great T3^ee himself is here in his stead, and we want to know what he is going to do about it." The result of the council was that General Davis agreed to make the chiefs a present of 36 blankets, in compensation for the alleged wrongful acts of the Sitka Indians; a compact of peace was made, and a feast to celebrate it was given on board the general's vessel." In ISTU General Davis made a visit to most of the tribes on the mainland ''from Fort Tongas to the Taku and Chilcat rivers." The illicit liquor traflic among the Indians had been a source of much trouble since the cession. He reported to the Department "a decided decrease in the liquor-smuggling business during the last year. This is owing to the increased vigilance on the part of the Government officers, both revenue and military." He also alluded "to the valuable service rendered by the revenue cutters when in these waters, both in suppressing illicit trade and in cooperating with the military in looking- after the Indians whenever called upon b}' me.""'^ In 1875 Major-General O. O. Howard, commanding the Department of the Columbia, made a tour of inspection of Alaska, visiting the inlets and rivers of the lisiere. At the mouth of the Stikine he was called upon by representatives of the Stikine tribe, whose chief had some time before been arrested, charged with a ci'ime, and taken as a prisoner "Appendix, p. 497. ti Appendix, p. 357. <^0 THE CASE OF THIC FNITED STATES. to the State of Oregon for trial pursuant to the provisions of the act of Congress. He was so greatly niortitied at his arrest that he com- mitted suicide. In accordance with the Indian custom the tribe demanded the life of a white man in return for their chief's death. General IloA\ard was a])le to satisfy this demand b}" the delivery to them of ten l)lankets. He made a visit on a small steamer " up the Stikine River as far as the l)oundary between our territory and British Columbia. No building is yet erected for the custom-house. The place for the English custom-house officers' tents is supposed to be selected within the British line. Some of our shrewd frontiersmen say that it is not 10 marine leagues from the sea, as it should be, there being really doubt as to the summit of the coast range of mountains." And he urged the importance of having ''the existing doubt" detinitel}' settled. During his stay at the head of Lynn Canal the general visited a small Indian village four miles up the river, and was told that "the main Chilkat ranches are some 16 or 18 miles farther up."^' The military administration of Alaska terminated in 1ST7 b\' the withdrawal of the troops, and for some years thereafter its affairs were controlled by the naval and treasury authorities. "The reason for the withdrawal was that the protection of the Government property and the preservation of public peace and order could be more economically and more efficiently done by naval or revenue vessels.'"^ OPERATIONS OF THE NAVY. After the withdrawal of the military forces from Alaska the gov- ernment of the Territorj' was divided between the naval and treasury authorities, the former exercising control in the preservation of order and the enforcenuMit of the laws, and assisting the revenue officers in the regulation of commerce and suppression of illicit trade. The instructions of the Secretary of the Navy to the conmianders of vessels in Alaska were to look out for the interests of the residents, maintain harmonious relations between the white inhabitants and the natives, exercise control over the latter, and make surveys of the harbors, inlets, rivers, and other waters as the nature of the service a Appendix, pp. 359, 505. h Appendix, p. 345. OPERATIONS OF THE NAVY. 91 would allow." In execution of these instructions the naval officers, between the years 18(18 and 1896, visited the inlets and rivei's of the mainland of Soutlieastern Alaska, and, in the name and liy authorit}' of the Government of the United States, exercised variou.s and fre- quent acts of sovereignty. The Stikine Indians, who, it has been seen, were located along the Stikine River from the l)oundary line fixed by the Russian Government down to its mouth, and the adjacent coast, were often after the cession engaged in hostilities with the neighboring tribes. It became repeatedly the duty of the naval officers to intervene to preserve the peace, and finally, in 1881, four of the Stikine chiefs were brought to Sitka by an officer of the navy for the purpose of meeting a similar delegation of their inveterate enemies, the Kootz- nahoos, and through the good offices of the naval commander a treaty of peace was drawn up and signed, one of its articles stipulating that if any disputes should ari.se they would "be left to the arbitration of the senior officer of the United States in the Territory.'"' In cases where members of the Stikine tribe were charged with murder or other crimes, they were arrested and taken to Oregon for trial, the United States courts of that State having been given jurisdiction over offenses committed in Alaska.' When disturbances l)roke out along the Unuk River and the chiei- of the native tribe refused to allow white miners to ascend that river to work the newly discovered placers, the presence of a naval vessel was invoked to preserve order and protect the miners.-' Similar expe- riences were had with the Auks and Takus inhabiting the shores of Taku Inlet and River, by whom the authority of the United States was recognized, and visits were made to Sitka seeking for friendly relations with the authorities.' But the chief attention of the naval officers was given to the Indians located about the head of Lynn Canal and along the rivers emptying into its inlets. They Avere divided into two tribes of the same family, the Chilkats and Chilkoots, whose prosperity, numerical strength, and warlike characteristics made their relations with the whites and other native tribes of much importance; to which was added the fact that tlie}' occupied a geographical position which controlled the most acces- « Appendix, p. 361. c Appendix, pp. 359, 505. '^Appendix, p. 378. f? Appendix, p. 389. ( Appendix, pp. 355, 382, 400. 92 THE CASE OF THE UNITED STATES, sihlo passi's from the .> was followed by another in 1881 between two clans of this tribe, the Crows and the Whales. It had its origin in lioocJieiioo^ a liquor made from molasses furnished l)y the whites — most of the troubles among the Indians being traceal)le to this cause. The alarming character of the news led the commander at Sitka to send a detachment of the navy, under an experienced officer, to the scene « Appendix, pp. 364-374, 502. & Appendix, pp. 374-377, 507. 4: two more inspectors were assigned to duty in tlie Chilkat territory, and quantities of li(|U()r were discovered and conHscated. as far inland as the summit of the pass through the mountains north of Dyea." W. G. Morris, the special treasury agent at Sitka, reported under date of December 7, 1881, the establishment of two salmon can- neries at Pyramid IIarl)or in Chilkat Inlet, and in the same report he gave a detailed account of his visit with Captain Beardslee, of the navy, to the Chilkat country to quell the war between the tribes of that region, of which notice has already been taken {ant(\ page 93). The report is of value as contirmatory of the exercise of authority hy the naval officers over the Indians and of the submission of the natives to the control of the United States. It also shows the activity of the revenue otlicers in the extreme measures resorted to by them in the vicinity of the headwaters of Lynn Canal, in preventing illicit trade and in their efi'orts to seize and confiscate intoxicating liquors in the hands of the Indians as well as the traders.^ In addition to the authority conferred on the customs officials to enforce the laws in Alaska, as indicated, the Secretary of the Treasury states "'that the steamers of the revenue service have made annual visits to the coast in question since 1867, under the instructions of this Department, entering all the inlets and arms of the sea to the head of navigation, for the purpose of protecting the revenue, enforcing United States laws, and preserving peace and order among the natives."*" The Appendix to this Case contains extracts from the offi- cial reports of several of the commanders of revenue cutters, giving accounts of their visits to aiid intercourse with the natives of the Sti- kine River, the Auks on Taku River, and the Chilkat tribes at the head of Lynn Canal, as also recent letters on the same subject from captains of vessels still in the service. As indicating the character of that intercourse, the following extract is made from the report of Captain Selden, dated November 12, 1877: Before I paiU-d I called a meeting of their [the Chilkat^'] cliiefs and talked -with them. I told them that I had been sent there by the Great Father at Washington to talk Avith them and to learn the truth about the reports that had been made against the Indians for jDulling down the stockade, and other depredations. I urged strongly ui)on the Indians the necessity of their remaining at i>eace and submitting "Appendix, pp. 460-4G1. * '^ Appendix, pp. 462-470. ''Appendix, p. 447, SCHOOLS, CENSUS, MINES, ETC. 99 quietly tii the authority of the United States Ciovernnient, and of relyiuii on its good faith and kind intentions toward them. I moreover told them that if they did molest the white people or destroyed i)rivate or i)ublic property that the Great Father would punish them severely. * * * They i)ledged themselves to use every means in their power to keep peace and order, and that no disturbance should oceur among their people and the whites if they could prevent it. I am firndy convinced that what they promised they meant to perform.''' ACTS OF AUTHORITIES IN RELATION TO SCHOOLS, CENSUS, MINES, AND CONTROL OF THE INDIANS. The civil goverimient of Alaska dates from September 15, 1884, when the naval commander relincjuished at Sitka to the governor appointed b}" the President ''all civil authorit}- hitherto exercised b}- the United States Navy, deeming that [their] functions in that direction ended with the advent of the civil government/''' Before this date various missionary societies of the United States had extended their operations to Alaska and established schools at different places, the one of the Presbyterian board of home missions at Haines, Chilkoot Inlet, in 1880, having been already- noticed. To this school was added another, under the direction of the United States Bureau of Educa- tion, in 1885, and it has been maintained ever since that date.^ It became the duty of the governor of Alaska to make an annual report. In that for 1886 he gave an account of a visit made by him to the head of Lynn Canal, accompanied by a deputy United States marshal and a force of eleven men, to investigate a charge of assault made by the chief of the Chilkoots upon a bishop of the Catholic mis- sions. He arrested the chief, took him as a prisoner to Sitka, but for want of sufficient proof he was dismissed, professing regret and prom- ising good conduct in the future. ^^ The following year the governor made another visit to the Chilkat country, and in his report described the claim set up by the Indians to an exclusive right to do all the packing over the passes for the miners. He referred to the warlike character of the tribe, and adds: "If there is anj^ one point in the Territory where a militar}' post should he established and maintained it is among these Chilkats."* In the report for 1892 he gave a list of the corps of Indian police which had been organized, three of them being assigned to Chilkat. « Appendix, p. 472. f Appendix, pp. 480, 488, 506. ^ Appendix, p. 482. 'i Appendix, pp. 482-483. « Appendix, p. 484. 100 THE CA8E OF THE UNITED STATES. He said: •• All these policenieii are required to report to some white man. usually a dei)uty marshal, and directed to act under orders from him, to assist the deputy in preserving order, to prevent the manufac- ture of hoochcnoo [native liquor], to intiuence attendance by the nati\'e children of school age upon the Government schools, and to give prompt information relative to any matters of which the Government officers ought to be informed.'"' He described the Chilkat district as ''an important one, containing three canneries, several mines, a mission and Government school, and half a dozen, or such a matter, of stores and trading establishments. The district embraces nine Indian villages and extends 25 miles up the Chilkat River into the interior." In the same report he gave an account of the drunken riot which occurred on July 4, out of which grew the trials and convictions shown in the records from the Department of Justice." Although tlie civil government was not created till 1884. the United States Census Bureau caused an enumeration to be made of the inhabit- ants of the Territorv of Alaska in 1880, and in the official report of the Tenth Census will be found a detailed enumeration of the various Inanches of the Chilkat, Taku, and Stikine tribes, with the location of each tribe, as follows: "The Chilkhat tribe, living on Lynn Canal; the Takoo tribe, on Takoo River and inlet," and ''the Stakhin tribe, on Stakhin River."'' A description of the Thlinkit Indians and the habitat especiallv of these three tribes of the Thlinkit famil}' is given b}' Dr. Krause, a German traveler and scientist, who published in 1885 an account of his Ansit to Alaska.*^ A similar enumeration was made in 1890 for the Eleventh Census, which is accompanied with fuller details as to the population and industries of these tribes and districts.'' No provision was made for the registration of lands and mining claims until 1885, but previous to that time mining districts were organized by the voluntary action of the miners; the country on the mainland where gold had ]>een discovered was treated as American territory; and l)3'-laws were adopted having in view the application to them of the mining laws of the United States, as will be seen b}- the by-laws adopted by the Miners' Association of the Taku district in "Appendix, pp. 485, 486. <• Appendix, p. 503. ft Appendix, p. 489. '^Appendix, pp. 490-491. SCHOOLS, CENSUS, MINES, ETC. 101 1881. " The records of tho United States General Land Office .show that location and reoistry of mining claims on L3'nn Canal were made the tirst year the o-overnment regulations were issued, and the years following that date. It also appears that the year the land office was established at Sitka the Presbyterian mission reservation of 640 acres, allowed by the act of Congress of 188-4, was surveyed and a record of it made in that land office. ^ The tirst United States post-office established on Lynn Canal was opened at Haines, July 22, 1882, and since that date the United States mail has continued to be transported through the whole extent of that waterwav.'^ The review which has thus Ijeen made of the American occupation of the lisiere establishes the following facts as to the inlets of the ocean penetrating the mainland and of the rivers which cross the boundary in their course to the sea. At the time of the transfer in 1867 an enumeration of the Indian tribes was made, and the Stikines inhabiting the banks of the river of that name from its mouth to the Russian monument were claimed as within American jurisdiction. They were informed of the transfer, and their chief was given an American flag and a certificate of his authority. In the census of the Territory of Alaska taken in 1880 and again in 18i>0 these Indians were enumerated. The}' were subjected to the militarv and judicial authoritv of the United States. The Sti- kine River was considered as within the possessions of the United States as far as the Russian monuuient. Taku Inlet and Taku River for a distance of 30 miles from tide water were regarded as American territory, the inhabitants were treated by the military and civil authorities as subject to American control, and they recognized that authority. Lynn Canal, the inlets at its head, the streams which enter them, and the Chilkat River for a distance from tide water of 30 miles, ha^'e been continuously, since the cession, held to be within the Territory of Alaska. At the time of the transfer in 1867, the American flag was raised and the subjection of the Indian tribes was demanded and given; and from that date there has been an unquestioned exercise of American sovereignty, l)y almost ever}- form of administration — mili- tary, naval, revenue, judicial, educational, census, land registry, postal. "Appendix, p. 494. ?' Appendix, pp. 494-496. ''Appendix, p. 496. 102 THE CASE OF THE UNITED STATES. And since tlic year 18S<> this exercise of sovereignt}' has l)een attended by the development of commercial, industrial, and social enterprises, until the district so described has become as much an integral part of the United States as any other ]K)rtion of the American domain, STATEMENT IN CONCLUSION. The United States asserts that the evidence, herewith submitted to the Tribunal and reviewed in the foreo-oing statement, establishes the following facts: (a) That it w^as the intention of the high contracting parties to the convention of February 16 28, 1825, to contirni in full sovereignty to Russia b\' that instrument a continuous strip or /is/'e/'c of territory along the continental shores of the Northwest Coast of America, extending from Portland Canal to the 111st meridian of longitude west of Greenwich. (h) That it was the intention of the high contracting parties that the width of such lisiere was to be 10 marine leagues, measured from the heads of all gulfs, bays, inlets, and arms of the sea — that is, from tide water — imless within that distance from tide water there was wholl}" or in part a continuous range of mountains lying parallel to the sinu- osities of the coast and extending from Portland Canal to the 111st meridian of longitude west of Greenwich, in which latter case the summit of such range was to form the boundary. (c) That the meaning of the treaty conforms to the intention of the high contracting parties as above stated. {d) That the acts of Great Britain and Russia subsequent to the signature of the treaty, and the universal interpretation given to its delimiting articles by governments, geographers, cartographers, and historians of those and other civilized nations, agree with and contirm the intention and meaning as above stated. {e) That the United States purchased the territory from Russia, relying upon such interpretation of the treaty. (_/) That the purchase was open and notorious to the world for the period of one year before the purchase price stipulated in the treaty was paid l)y the United States to Russia; and that neither during that period nor within thirty years thereafter did Great Britain give notice to the United States that she claimed any portion of the territory then ceded by Russia. {(/) That the United States entered into possession of and occupied STATEMENT IN CONCLUSION. 103 the JlsJere as above described, exercised sovereign rights therein, and treated the same at all times as a part of its national domain; and to such occupation and exercise of governmental authority Great Britain entered no protest or objection. {h) That the Ignited States, from the time of the cession from Rus- sia, has remained in continuous and undisturbed possession of the ter- ritory- ceded to it. (/) That the beginning of the southern boundary between the British and Russian possessions was Cape Muzon, which at the time of the negotiation of the treaty of 1825, and long after, was believed to be one of the southern points of Prince of Wales Island, and so appeared upon the maps and charts of the period. (/) That Portland Channel was the body of water novv commonh^ known and descril)ed as Portland Canal. (Z) That there is not at any point within 10 marine leagues of tide water, between the head of Portland Canal and the 141st degree of longitude west of Greenwich, the whole or any part of a continuous range of mountains parallel with the sinuosities of the coast and extend- ing from Portland Canal to the said 111st degree of longitude; and therefore the width of the llslere^ above described, is not limited h\ a boundary line along the summit of such range, but solely by the agreed distance of 10 marine leagues from tide water. (/) That the boundary line, determined b}" the treaty of 1825, began at Cape Muzon and ran thence in an easterl}' direction to the entrance to Portland Canal Ijetween Wales and Compton islands; thence north- easterly along the center of Portland Canal to a point equidistant from Pearse Island and Ramsden Point; thence northerly along the center of Portland Canal until the line touched the mainland at the head of Portland Canal; thence upon the same course continued to the 56th parallel of north latitude; thence northwesterh^, always 10 marine leagues from tide water, around the head of Lynn Canal; thence west- erly, still following the sinuosities of the coast at a distance therefrom of 10 marine leagues, until the line intersected the 111st meridian of longitude west of Greenwich; and thence due north along that meridian to the shore of the Arctic Ocean. The United State>!, upon the facts established by the evidence here- with submitted, claims that the questions referred for decision to the 104 THE CASE OF THE UNITED STATES. Tribunal, as set forth in Article TV of the treaty, should 1)6 answered and decided as hereinafter stated: and it therefore recites such ques- tions and makes specific request as to each, as follows: 1. W/tat is hit ended as the point of commencement of the line? The United States requests the Tribunal to answer and decide that Cape Muzon is the point of coninienceinent al)Ove mentioned. 2. AVliat channel is the Portland Channel? The United States recjuests the Tribunal to answer and decide that Portland Channel is the same body of water now commonly known and described as Portland Canal, which, passing from the north between Ramsden Point on the mainland and Pearse Island, and thence southward of said island and Wales Island, enters Dixon Entrance ])etween the island last mentioned and Compton Island. ■J. What coarse shoidd the line take from the jwint of coninienceinent to the entrance to Point of the 56th parallel istJie line to he dravm from the head of the Portland Channel^ and udtat course shonld it foUoio hetween th ese 2>o in ts? The United States requests the Tril)wnal to answer and decide that the line should be drawn from the head of Portland Channel north- easterly along the same course on which said line touches the mainland at the head of Portland Channel until it intersects the 56th parallel of north latitude. ■ >. In. extending the line of demarcation north irard from mid point on the pa rail eJ of the 56th degree of North latitude^ folhnriiuj the crest of the nioiintains situated parallel to the coast until its intersect icm icith tJie lJf.lst degree of lo)igitude'ii)est of Greemvich^ sid)ject to the condition that if such line shoidd anywhere exceed the distance of ten nuirine leagues from the ocean^ then tJie Ixnnidari/ hetween the Britis^h and the Russian territorxj should he formed hy a line pxirallel to the sinuosities of the coast and distant therefrom not more than ten marine leagues^ VMS it the intention and meaning cf said convention of 1S25 that there shoidd remain in the exclusive possession of Pussia a continmms fringe STATEMENT IN CONCLUSION. 105 or strq> of coad on the mainland^ not exceeding ten marine leagues in tcidth, separating the British Possessions from the bays, 2^orts^ inlets^ havens, and^ waters of the ocean, and extending from the said j^oint on the 56th degree of latitude north to a j>oint vjhere such line of demarca- tion should intersect the IJi^lst degree of longitude west of the meridian of Greenvyichf The United States requests the Tribunal to answer and decide that it was 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 not exceeding ten 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 5()th degree of latitude north to a point where such line of demarcation should intersect the 111st degree of lono-itude west of the meridian of Greenwich. 6. If the foregoing quesfion should he answered in the negative, and rn the event of the summit of sue Ji mountains jjroving to he in places more than ten marine leagues from the coast, should the width of the lisih'e lohich tvas to helong to Russia he measured {T) from the mainland coast of the ocean, strictly so-ccdled, cdong a line per pendicidar therreto, or {2) was it the intention and meaning of the said convention that v^here the mainland coast is indentedhy deep inlets, forming part of the terri- torial waters of Hussia, the width of the lisiere loas to he measured (a) from the line of the general direction of the mainland coast, or (h) from the line separating the waters of the ocean from the territorial waters of Russia, or {c) from the heads of the aforesaid inlets? The United States, insisting that the fifth question should be answered in the affirmative, as above requested, therefore submits that an answer to the sixth question is unnecessar}'. But if the Tribunal should decide otherwise and answer the fifth question in the negative, then the United States, without waiving the request made as to the answer and decision of the fifth question, requests the Tribunal to answer and decide that in the event of the summit of such mountains proving to be more than ten marine leagues from the coast, the width of the lisiere, which was to belong to Russia, should not be measured from the mainland coast of the ocean, strictly so-called, along a line perpendicular thereto; but that it was the intention and meaning of 106 THE CASE OF THE UNITED STATES. the said convention that where the mainland coast is indented by deep inlets, forming part of the territorial waters of Russia, the width of the Uslere was to be measured from the heads of such inlets. 7. ^Yhat^ if o.ny exist^ are the mountains 7'ef erred to as situated paral- lel to the coast, ichich onountains, lohen within ten marine leagues from the coast^ are declared to form the (-astern Ixmndary? The United States requests the Tribunal to answer and decide that such mountains do not exist within ten marine leagues from the coast. ALASKAN BOUNDARY TRIBUNAL APPENDIX TO THE CASE OF THE UNITED STATES BEFORE THE TRIBUNAL CONVENED AT LONDON UNDER THE PROVISIONS OF THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN CONCLUDED JANUARY 24, 1!)()3. WASHINGTON. GOVFRNMENT PRIXTING OFFICE. 1 bos. CONTENTS OF THE APPENDIX. Page. Treaties: United States and Great Britain, January 24, 1903 1 United States and Russia, April 5/17, 1824 8 Great Britain and Russia, February 16/28, 1825 12 Great Britain and Russia, 1843 (extract) 17 Great Britain and Russia, 1859 (extract) 17 United States and Russia, March 30, 1867 17 Imperial Russian ukases: July 8, 1 799 ; 23 Septeml)er 4, 1821 25 September 13, 1821 26 March 29, 1829 28 October 10, 1844 29 Diplomatic correspondence: Relating to treaty of 1824 between the United States and Russia 31 Relating to treat}' of 1825 between Great Britain and Russia 94 Papers relating to a renewal of the trading privilege granted to the United States by the treaty of 1824 232 Notice issued by the United States in 1845 250 Papers relating to Russian occupation up to the cession to the United States in 1867 251 Papers relating to the cession and transfer of Alaska to the United States in 1867 324 Papers relating to American occupatii m : The occupation bj- the army 345 The occupation by the navy 361 Jurisdiction exercised by judicial authorities 407 Authority exercised by revenue officers 447 Schools, census, mines, and control of Indians _ 479 Post-offices in Southeastern Alaska 496 Visit of Secretary Seward to A laska 497 The Thlinkit Indians 501 Appropriation for cession of Alaska 509 Provisions relating to the unorganized Territory .-. 509 Geographical and topographical information relative to southeastern Alaska: Maps and charts 511 Miscellaneous 521 Miscellaneous documents, etc 539 III TREATIES. CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN PROVIDING FOR THE SETTLEMENT OF QUESTIONS BETWEEN THE TWO COUNTRIES WITH RESPECT TO THE BOUNDARY LINE BETWEEN THE TERRITORY OF ALASKA AND THE BRITISH POSSESSIONS IN NORTH AMERICA. [Signed at Washington January 24, 1903. Ratification advised by the Senate February 11,1903. Ratified by the President February 24, 1903. Ratified by Great Britain February 16, 1903. Ratifica- tions exchanged at Washington March 3, 1903. Proclaiimed March 3, 1903.] By the President of the United States of America. A PROCLAMATION. Whereas a Convention between the United States of America and Great Britain providing for the settlement of questions between the two countries with respect to the boundary line between the territory of Alaska and the British possessions in North America, was concluded and signed by their respective Plenipotentiaries at Washhigton, on the twenty-fourth day of January, one thousand nine hundred and three, the original of wdiich Convention is word for word as follows: The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, 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 under date of February 28/16, A. D. 1825, which clauses relate to the delimitation of the boundary line between the territory of Alaska, now a posses.sion of the United States, and the British posses- sions in North America, have resolved to provide for the submission of the questions as hereinafter stated to a tribunal, and to that end have appointed their respective plenipotentiaries as follows: The President of the United States of America, John Hay, Secre- tary of State of the United States; and His Britannic Majesty, the Right Honorable Sir Michael H. Her- bert, K. C. M. G., C. B.,'His Britannic Majesty's Ambassador Extraor- dinary 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. A tribunal shall be immediately appointed to consider and decide the questions set forth in Article IV of this convention. The tribunal 21528—03 8 1 2 TEEATIES. shall consist of six impartial jurists of repute who shall consider judi- cially the questions submitted to them, each of whom shall first sub- scribe an" oath that he will impartially consider the arguments and evidence presented to the tribunal and will decide thereupon according- to his true judgment. Three members of the tri])unal shall be appointed by the President of the United States, and three by His Britannic ]Majest3\ All questions considered by the tribunal, includ- ing the final award, shall be decided by a majority of all the members thereof. In case of the refusal to act, or of the death, incapacity or absten- tion from service of any of the persons so appointed, another impar- tial jui'ist of repute shall be forthwith appointed in his place b}- the same authority which appointed his predecessor. The tribunal may appoint a secretary and a bailiti' to perform such duties as they may prescribe, and ma}' employ scientific experts if found to be necessary, and mav fix a reasonable compensation for such officers. The ti'ibunal shall keep an accurate record of all its proceedings. Each of the High Contracting Parties shall make compensation for the services of the members of the tribunal of its own appointment and of any agent, counsel, or other person employed in its behalf, and shall pav all costs incurred in the preparation of its case. All expenses reasonably incurred by the tribunal in the performance of its duties shall ))e paid by the respective governments in equal moieties. The triliunal mav, 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. 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 member of the tribunal and to the agent of the other party as soon as raa}^ be after the organization of the tribunal, but within a period not exceeding two months from the date of the exchange of ratifications of this convention. Within two months after the delivery on both sides of the written or printed case, either party may, in like manner, deliver in duplicate to each meml)er of the tribunal, 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 pre- sented l)y the other party. The tribunal may, however, extend this last mentioned period when in their judgment it becomes necessary b}^ reason of special dilliculties which may arise in the procuring of such additional papers and evidence. If in the case submitted to the tribunal either party shall have speci- fied or referred to any report or document in its own exclusive pos- session without annexing a copy, such party shall be bound, if the other party shall dtMuand it, within thirty days after the delivery of the case, to furnish to the party applj'ing for it a duly certified copy BOUNDARY TREATY OF 1903. 6 thereof; and either party may <'all upon the other, through the tri- bunal, to produce the orit>inal or certilied copies of any papers adduced as evidence, g'iving' in eacli instance such reasonable notice as the tri- bunal may require; and the original or copy so requested shall be delivered as soon as may be and within a period not exceeding forty days after receipt of notice. Each party may present to the tribunal all pertinent evidence, docu- mentary, historical, geographical, or topographical, including maps and charts, in its possession or control and applicable to the rightful decision of the questions submitted; and if it appears to the tribunal that there is e^•idence pertinent to the case in the i)ossession of either party, and which has not been produced, the tribunal may in its dis- cretion 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 member of the said tribunal 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, and either party may also support the same before the tribunal by oral argument of coun- sel. The tribunal may, if they shall deem further elucidation with regard to any point necessar}^, require from either party a written, printed, or oral statement or argument upon the point; but in such case the other part}^ shall have the right to reply thereto. Article III. It is agreed by the High Contracting Parties that the tribunal shall consider in the settlement of the questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of 28 16 February, A. D. 1825, and between the United States of America and the Em- peror of All the Russias concluded under date of March 30' 18, A. D. 1867; and particularly the Articles III, IV, V, of the lirst mentioned treat3% which in the original text are word for word as follows: ''La ligne de demarcation entre les Possessions des Hautes Parties Contractantes sur la Cote du Continent et les lies de I'Amerique Nord- Ouest, sera tracee ainsi qu'il suit: "A partir du Point le plus meridional de I'lle dite Prince of AVales^ lequel Point se trouve sous la parallele du 54me degre -10 minutes de latitude Nord, et entre le 131me et 133me degre- de longitude Ouest (Meridien de Greenwich), la dite ligne remontera au Nord le long de la passe dite Portland Channel, jusqu'au Point de la terre ferme oii elle atteint le 56me degre latitude Nord; de ce dernier point la ligne de demarcation suivra la crete des montagnes situees parallelement a la Cote, jusqu'au point d'intersection du llrlme degre de longitude Ouest (meme Meridien; et linalement, du dit point d'intersection, la meme ligne meridienne du lilme degre formera, dans son prolonge- ment jusqu'a la Mer Glaciale, la limite entre les Possessions Russes et Britanniques sur le Continent de I'Amerique Nord-Ouest." 4 TREATIES. IV. "II est entendu. par I'apport Ti la ligne de demarcation determines dans I'ArtioIe precedent; "l. Que risle dite rrhice of ^Vales appartiendra toute entiere a la Russie. . ''2. Que partoute ou la crete des montagne.s qui s'etendent dans une direction parallele ii la Cote depuis le oOme degre de latitude Nord au point dMntersection du 1-ilme degre de longitude Quest, se trouveroit a la distance de plus de dix lieues marines de TOcean, la limite entre les Possessions Britanniques et la lisiere de Cote mentionnee ci-dessus conime devant appartenir ii la Ilussie, sera formee par une ligne paral- lele aux sinuosites de la Cote, et qui ne pourra jamais en etre eloi- gnee que de dix lieues marines." V. "II est convenu en outre, que nul Etablissement ne sera forme par Tune des deux Parties dans les limites que les deux Articles precedens assignent aux Possessions de TAutre. En consequence, les Sujets Bri- tanniques ne formeront aucun Etablissement soit sur la Cote, soit sur la lisiere de terre ferme comprise dans les limites des Possessions Russes, telles qu'elles sont designees dans les deux Articles precedens; et, de meme, nul Etablissement ne sera forme par des Sujets Russes au dela des dites limites." The tribunal shall also take into consideration any action of the sev- eral governments or of their respective representatives preliminarj^ or subsequent to the conclusion of said treaties so far as the same tends 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 said treaties. Article IV. Referring to Articles III, IV, and V of the said treaty of 1825 the said tribunal shall 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 commence- ment to the entrance to Portland Channel { -t. To what point on the StJth parallel is the line to be drawn from the head of the Portland Channel, and what course should it follow iDetween 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. su))ject to the condition that if such line should anywhere exceed the distance of ten marine leagues from the ocean then the boundary ])etwcen the British and the Russian territory should ])e formed by a line parallel to the sinuosities of the coast and distant therefrom not more than ten marine leagues, was it the intention and meaning of said convention of 1825 that there should remain in the exclusive possession of Russia a con- BOUNDARY TREATY OF 1903. 5 tiniious fringe or strip of coast on the mainland, not exceeding ten marine leagues in width, separating the British Possessions from the ba_ys, ports, inlets, havens, and Avaters of the ocean, and extending from the said point on the 5()th degree of latitude north to a point where such line of demarcation should intersect the IJ-lst degree of longitude w'est of the jNIeridian of (ireenwich; 6. If the foi'egoing question should be answered in the negative, and in the event of the summit of such mountains proving to be in places more than ten marine leagues from the coast, should the width of the lisiere which was to belong to Russia be measured (1) from the main- land 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 territorial waters of Russia, the width of the lisiere 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 ten marine leagues from the coast, are declared to form the eastern boundarj^? Article V. The tribunal shall assemble for their first meeting at London as soon as practicable after receiving their commissions; and shall themselves fix the times and places of all subsequent meetings. The decision of the tri})unal shall be made as 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 His Britannic Majesty shall l)v common accord extend the time therefor. The deci- sion shall be made in writing, and dated, and shall be sie^ned by the members of the tri))unal 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 His Britannic Majestj" for his government. Article VI. When the High Contracting Parties shall have received the decision of the tribunal upon the questions submitted as provided in the fore- going articles, which decision shall be final and binding upon all parties, they will at once appoint, each on its own behalf, one or more scientific experts who shall with all convenient speed proceed together to lay down the boundary line, in conformity with such decision. Should there be, unfortunately, a failure by a majority of the tri- bunal to agree upon any of the points submitted for their decision, it shall be their duty to so report in writing to the respective govern- ments through their respective agents. Should there be an agreement by a majority upon a part of the (juestions submitted, it shall l)e their duty to sign and report their decision upon the points of such agree- ment in the manner hereinbefore prescribed. 6 TREATIES. Article VII. The present Convention shall be ratilied b}' the President of the United States, b}- and with the advice and consent of the Senate, and by His Britannic Majesty, and the ratitications shall be exchanged in Washington or in London so soon as the same may l)e etf'ected. In faith whereof we, the respective plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done at Washington, in duplicate, this 24th dav of Januarv, A. D. 1903. John Hay [seal.] Michael H. Herbert [seal.] And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the third day of March, one thousand nine hundred and three; Now, therefore, be it known that I, Theodore Roosevelt, Presi- dent of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set m}^ hand and caused the Seal of the United States of America to be affixed. Done at the City of Washington, this third day of March, in the year of our Lord one thousand nine hundred and three, and [seal] of the Independence of the United States the one- hundred and twenty-seventh. Theodore Roosevelt By the President: John Hay, Secretary of State. translation of the passages in the FRENCH LANGUAGE CONTAINED IN ARTICLE III OF THE CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN, SIGNED JANUARY 24, 19(»3, SUBMITTED TO THE SENATE OF THE UNITED STATES BEFORE RATIFICATION. The line of demarcation between the possessions of the high con- tracting parties upon the coast of the continent and the islands of the Northwest America shall be traced as follows: Starting from the southernmost point of the island called Prince of Wales, which point is situated on the parallel of .54 degrees 40 minutes of north latitude and between the 13 1st and I33d degree of west longi- tude (meridian of (xrcenwich), the said line shall ascend northward along the passage calUnl Portland Channel as far as the point of the mainland, where it [the line] « reaches the o6th degree of north latitude; from this hitter ])oint the line of demarcation shall follow the crest of the mountains situated parallel to the coast as far as the point of inter- section of the 141st degree of west longitude (same meridian); and « French die, the governing antecedent being la ligne, which is the subject of the sentence. If reference to la pafti^e, which is a detail of the sentence, had been intended, Frencli grammatical nsage would have required its express designation as celle-ci — the latter. BOUNDARY TREATY OF 1903. 7 finally, from .said ])()iiit of intor^oction the same meridian line of the l-tlst deg-ree shall form, in its extension as far as the Arctic Ocean," the boundary between the Russian and British possessions upon the conti- nent of Northwest America. IV. It is understood with regard to the line of demarcation fixed in the preceding- article — 1. That the island called l*r!nee of Wales shall belong wholly to Russia. 2. That wherever the crest of the mountains which stretch in a direc- tion parallel to the coast from the 56th degree of north latitude to the point of intersection of the lilst degree of west longitude may lie at the distance of more than ten marine leagues from the ocean the boundary between the British possessions and the coast strip ^' men- tioned above as having to belong to Russia shall be formed l)y a line parallel to the sinuosities of the coast, and which can in no case be more distant therefrom than ten leagues. V. It is moreover agreed that no estal)lishment shall be formed by either of the two parties within the limits w^hich the two preceding- articles assign to the possessions of the other. Consequently British sul)jects shall not form any establishment either upon the coast or upon the mainland strips comprised within the limits of the Russian possessions as thej- are designated in the two preceding articles, and in like wise no establishment shall be formed b}' the Russian subjects beyond the said limits. LITERAL TRANSLATION OF ARTICLES III AND IV OF THE RUSSIAN TEXT OF THE TREATY BETWEEN GREAT BRITAIN AND RUSSIA OF FEBRUARY 28 16, 1825, AS CERTIFIED BY THE RUSSIAN FOREIGN OFFICE.'' III. The line of limit-separation between the possessions of the High negotiating sides upon the shore of solid land and upon the islands of Northwest America shall be drawn out in the following manner: Beginning from the ver}- southern part of the island, named Prince of TFr/A'.v, which point finds itself under 51 degree 40 minutes of north latitude and between 131 and 133 degree of west longitude (counting from Greenwich meridian), the above-mentioned line stretches itself through to the north lengthwise by the inlet, called Portland Canal up to that point of solid land where she [the line, not the inletj touches the 56 degree of north latitude. Thence the line of limit-separation shall follow the backbone of the mountains spread out in a parallel direction with the shore up to the point of cutting across upon the 111 « French, mer glaciale — frozen ocean. f' In French, la Usiere de cote. The word ''lisiere" means Uterally ''selvedge," and by use any border or edging strip. '■ In French, la lisiere de terre ferme, lisiere de cote. In both these phrases the qualitication of lisiere is adjectival, not particular, as treated in the English transla- tion of 1825. They mean "coastwise strip" or "coast strip" and "mainland strip," respectively, not "line of the coast" or "lisiere of the continent," as translated by the British foreign office. 'f The Russian text, of which the above is a translation, will be found facing page 8. 8 TREATIES. degree of west longitude (from the same meridian), and, finally, from this point of cutting-across the same meridinal line of 1-11 degree com- poses in its continuation up to the Frozen sea, the boundary between the Russian and of Great Britain possessions on the solid land of Northwest America. IV. In rehition to the line of limit-separation, defined in the preced- ing article, it is understood: 1. That the island, named Fi'ince of Wales^ shall belong to Russia entire without exception. 2. That everywhere, where the backbone of the mountains stretches out in a parallel direction with the shore from 56 degree of north latitude up to the point of cutting-across under 141 degree of west longitude, shall stand awa}^ farther than ten marine miles from the Ocean the boundary between the Great Britain possessions and the above-designated shore as being necessary to belong to Russia, shall ))e drawn out by a parallel line with the crookedness (KpuBnoHaMn) of the shore and cannot go farther than ten naval miles from it. TREATY BETWEEN THE UNITED STATES AND RUSSIA RELATIVE TO NAVIGATION, FISHING, AND TRADING IN THE PACIFIC OCEAN AND TO ESTABLISHMENTS ON THE NORTHWEST COAST, CONCLUDED APRIL 5 17, 1824 Au Nom de la tres Sainte et Indivisible Trinite: Le President des Etats-Unis d'Amerique, et Sa Majeste TEmpereur de toutes les Russies, voulant cimenter les liens d'amaitie qui les unis- sent et assurer entre eux le maintien invariable d'un parfait accord, moyennant la presente Convention, ont nomme pour Leurs Plenipoten- tiaiVes a cet etfet, savoir: le President des Etats-Unis d'Amerique, le Sieur Henry Middleton, Citoyen des dits Etats, et Leur Envoye Ex- traordinaire et Ministre Plenipotentiaire pres Sa Majeste Imperiale: et Sa Majeste TEmpcreur de toutes les Russies, Ses ames et feaux les Sieurs Charles Robert Compte de Nesselrode, Conseiller Prive actuel, Membre du Conseil d'Etat, Secretaire d'P^tat Dirigeant le Ministere des atiaires etrangeres, Chambellan actuel, Chevalier de Tordre de St. Alex- andre Nevsky, (irand Croix de Tordre de St. Wladmir de la 1"^ classe, Chevalier de celui de Faigle blanc de Pologne, Grand Croix de Tordre de St. Etienne de Hongrie, Chevalier des ordres du St. Esprit et de St. Michel et Grand Croix de celui de la Legion d'Honneur de France, Chevalier (xrand Croix des ordes de TAigle noir et de TAigle rouge de Prusse. de TAnnonciadc de Sardaigne, de Charles III d'Espagne, de St. Ferdinand et du merite de Naples, de TElephat de Danemarc, de TEtoile Polaire de Suede, de la Couronne de Wurtemberg, des Guelphes de Hanovre, du Lion Beige, de la Fidelite de Bade, et de St. Constantin de Panne, et Pierre de Poletica. Conseiller d'Etat actuel. Chevalier de Fordre de Ste. Anne de la V classe, et (irand Croix de Tordre de St. Wladmir de la seconde; lesqucls apres avoir (k'hange leurs pleins-pou- voirs, trouves en ))oinie et due forme, ont arrete et signe les stipula- tions suivantes. Aeticle Premier. II est conyenu (jue dans aucune partic du Grand Ocean, appele com- ic on Mcr du Sud, les Citoyens ou Sujets re- munement Ocean Pacifique .^.'B y^ ^ .^ -^ Jjt ^ y 'O^ m • ^-^ .n ^ ^ /•^— s z/yi/^ty/j €^c^zc^jOc4/y6 : ^^^:^^e/ieUiy^/6i/^ 4vyAv//yy^a/.'^? y^e^yzy^t/yrry/^^i/^^ ^/^c^eA/^/fiy ^y ii/zy)/7zyiy^ - eAye/?:^^ayyy/yc/.J ^if^y^ezye^ eAaJy^y^y^yy^"^ '^{■/iyrryc yz/^o?7rj^yy/^yrry^sr^ ^^ 6/^feA?/ -oWoffy^ yzy? 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Z 0777 7^/ ^ TPyy/T'yyro.yyyrZ^ c^^I^y/yty6 <>'// ^/^<^/tJ/yv>-^^^i- ^ji'./7//zo6W7y7/777yyc/f'7/f7y.'/ // 0^77^7^^ oj^yy^^yT/^ j7/6/ei/z6 7'^f//e/7>o7/'6 .^T'A/y y/y>r7i^e//ryy7^y/yyj ^ zz/7y^7/Vy 7Z/zz//zy/7r^'f7y,7y'z7/y7y: ^i:^07:€yM yz/7y>7^^ " y^ c' ^7 i^&y/ri y/yy>^7'y77'/, y7y//zyy^7,/fry^yy/?777 Y€/zyy7/>7-o /'Yj /l/zzr/jr/jz/y/r/y// ^Ae^yx. u y/y e/y/y^^7tr^/ym iy.^777z/ 77r/ty7/jy yVyt.yy7r77 . ^x'^c v///^'>^^ *«j^//^^^ 79y7C'6 y^z/T-Xiyj UNITED STATES AND RUSSIA, 1824. 9 spectifs des hautes Puissances contractantes ne sevont ni troubles, ni genes, soit dans la navioation, soit dans Texploitation de la peche, soit aans la faculte d'aborder aux cotes sur des points qui ne seroient pas deja occupes, atin d\y faire le commerce avec les Indigenes, sauf toute- f ois les restrictions et conditions determinees par les articles qui sui vent. Article Deuxieme. Dans la vue d'empecher que les droits de navigation et de peche exerces sur le grand Ocean par les Citovens et Sujets des hautes Puis- sances contractantes ne deviennent le pretexte d'un commerce illicite, il est convenu que les Cito3'ens des Etats Unis n'aborderont a aucun point oil il se trouve un etablissement Russe, sans la permission du Gouverneur ou Commandant; et que reciproquement les Sujets Kusses ne pourront aborder sans permission a aucun etablissement des Etats- Unis sur la Cote nord-ouest. Article Troisieme. II est convenu en outre, que dorenavant il ne pourra etre forme par les Citoyens des Etats-Unis, ou sous Fautorite des dits Etats, aucun establissement sur la Cote nord ouest d'Amerique, ni dans aucuue des lies adjaeentes mi jYord du cinquante quatrieme degre et quarante mi- nutes de latitude septentrionale; et cjue de meme il n'en pourra etre forme ancun par des Sujets Russes, ou sous I'autorite de la Russie, mi /Sud de la meme parallele. Article Quatrieme. II est neanmoins entendu que pendant un terme de dix annees a comp- ter de la signature de la presente Convention, les Vaisseaux des deux Puissances, ou qui appartiendraient a leurs Citoyens ou Sujets respec- tifs, pourront reciproquement frequenter sans entrave quelconque, les mers interieures, les golfes, havres et criques sur la Cote mentionnee dans Tarticle precedent, alin d'\' faire la peche et le commerce avec les naturels du paj^s. Article Cinquieme. Sont toutefois exceptees de ce meme commerce accorde par Particle precedent, toutes les liqueurs spiritueuses, les armes a feu, armes blances, poudre et munitions de guerre de toute espece, que les deux Puissances s'engagent reciproquement a ne pas vendre. ni laisser ven- dre aux Indigenes par leurs Citoyens et Sujets respectifs, ni par aucun individu qui se trouveroit sous leur autorite. II est egalement stipule cpie cette restriction ne pourra jamais servir de pretexte ni etre alle- guee dans aucun cas, pour autoriser soit la visite ou la detention des Vaisseaux, soit la saisie de la marchandise, soit entin des mesures quel- conques de contrainte envers les armateurs ou les equipages qui feraient ce commerce; les hautes Puissances contractantes s'etant reci- proquement reserve de statuer sur les peines a encourir, et d'infliger les amendes encourues en cas de contravention a cet article par leurs Citoyens ou Sujets respectifs. 10 TREATIES. Article Sixieme. Lorsque cetto Comoiition aura etc duemcnt ratitiee par lo President des Etats Uni.s de Favis ct du conseiitement dii Senat. d'une part, et de Fautre par Sa Majeste rEinpereiir de toutes les Riussies, les ratilica- tions en seront echangees ji AVashington dans le delai de dix mois de la date ci-des.sous ou plutot si faire se peut. En foi de quoi les Plenipotentiaires respectifs Font signee, et 3' ont. fait apposer les cachets de leurs amies. Fait it St. Peters1)oiwg le j\ Avril de Fan de grace mil huit cent vingt quatre. [seal. J Henry Middleton. [seal.] Le (,'onite Charles de Nesselrode. [seal.] Pierre de Poletica. [Tmiislrttion.] In the name of the Most Holy and Indivisible Trinity. The President of the United States of America and His Majest}' the Emperor of all the Russias, wishing to cement the bonds of amity which unite them, and to secure between them the invariable mainte- nance of a perfect concord. Vjy means of the present convention, have named as their Plenipotentiaries to this effect, to wit: The President of the United States of America. Henry Middleton, a citizen of said States, and their ILnvoy Extraordinarj' and ^Minister Plenipotentiary near his Imperial Majesty: and His Majesty the Em- peror of all the Russias. his beloved and faithful Charles Rol)ert Count of Nesselrode, actual Priv}' Counsellor, Member of the Council of State, Secretaiy of State directing the administration of Foreign Affairs, actual Chamberlain, Knight of the Order of St. Alexander Nevsk3^ Grand Cross of the Order of St. Wladimir of the ffrst class. Knight of that of the White Eagle of Poland. Grand Cross of the Order of St. Stephen of Hungary, Knight of the Orders of the Holy Ghost and St. Michael, and Grand Cross of the Legion of Honor of France, Knight Grand Cross of th{> Orders of the Black and of the Red Eagle of Prus- sia, of the Annunciation of Sardinia, of Charles HI of Spain, of St. Ferdinand and of Merit of Naples, of the Elephant of Denmark, of the Polar Star of Sweden, of the Crown of Wiirtemberg. of the Guelphs of Hanover, of the Belgic Lion, of Fidelity of Baden, and of St. Con- stantine of Parma: and Pierre de Poletica, actual Counsellor of State, Knight of the Order of St. Anne of the first class, and Grand Cross of the Order of St. ^Vladimir of the second: Who. after having exchanged their full powers, found in good and due form have agreed upon and signed the following stipulations: Article I. It is agreed that, in an^ part of the Great Ocean, conmionh^ called the Paciffc Ocean, or South Sea. the respective citizens or subjects of the high contracting Powers shall be neither disturbed nor restrained, either in navigation or in tishing. or in the power of resorting to the coasts, upon points which may not already have l)een occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined bv the following articles. UNITED STATES AND RUSSIA, 1824. 11 Akth'lk 11. ^^'ith a \i(nv of provciitinj? the rio-hts of navit>'ation and of tishino- exercised upon the (Jreat Ocean by the citizens and subjects of the high contracting Powers from beconiing tlie pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian establishment, without the permis- sion of the governor or commander; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any establishment of the United States upon the Northwest coast. Article 111. It is moreover agreed that, hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said States, any establishment upon the northwest coast of America, nor in any of the islands adjacent, to the north of lif ty-four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none formed by Russian subjects, or under the authorit}' of Russia, south of the same parallel. Article IV. It is, nevertheless, understood that during a term of ten years, count- ing from the signature of the present convention, the ships of both Powers, or which 1)elongto their citizens or subjects respectiveh', may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks, upon the coast mentioned in the preceding- article, for the purpose of iishing and trading with the natives of the countr3\ Article V. All spirituous liquors, tire-arms, other arms, powder, and munitions of war of every kind, are always excepted from this same commerce permitted by the preceding article; and the two Powers engage, recip- rocall}', neither to sell, nor sutler them to be sold, to the natives by their respective citizens and subjects, nor by any person who may be under their authority. It is likewise stipulated that this restrictiou shall never afford a pretext, nor be advanced, in any case, to authorize either search or detention of the vessels, seizure of the merchandise, or, in tine, any measures of constraint whatever towards the merchants or the crews who may carry on this commerce: the high contracting Powers reciprocally reserving to themselves to determine upon the pen- alties to be incurred, and to inflict the punishments in case of the con- travention of this article by their respective citizens or subjects. Article VI. When this convention shall have been duly ratified b}^ the President of the United States, with the advice and consent of the Senate, on the one part, and, on the other, by His Majesty the Emperor of all the Rus- sias, the ratifications shall be exchanged at Washington in the space of ten months from the date below, or sooner if possible. 12 TKEATIES. In faith whei'eof the respective Plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at St. Petersburg the 17 5 April, of the 3'ear of Grace one thousand eight hundred and twenty-four. [seal.] Henry Middleton. [seal,] Le Comte Charles de Nesselrode. [seal.] Pierre de Poletica. TREATY BETWEEN GREAT BRITAIN AND RUSSIA, SIGNED AT ST. PETERSBURG FEBRUARY 16/28, 1825. Au Nom de la Tres Sainte et Indivisible Trinite. Sa Majeste le Roi du Royaume Uni de la Grande Bretagne et de rirlande, et Sa Majeste TEmpereur de toutes les Russies, desirant res- serrer les liens de bonne intelligence et d'amitie qui les unissent, au moven d'un accord qui reglerait; d'apres le principe des convenances reciproques, divers points relatifs au Commerce, a la Navigation, etaux Pecheries de leurs Sujets sur I'Ocean Pacitique, ainsi que les limites de leurs Possessions respectives sur la Cote Nord-ouest de I'Amerique, out nomme des Plenipotentiaires pour conclure une Convention a cet effet, savoir;— Sa Majeste le Roi du Royaume Uni de La Grande Bre- tagne et de rirlande, le Tres Honorable Stratford Canning, Conseiller de Sa dite Majeste en Son Conseil Prive, c*cc. Et Sa Majeste TEmpe- reur de toutes les Russies, le Sieur Charles Robert Comte de Nessel- rode, Son Conseiller Prive actuel, Membre du Conseil de TEmpire, Se- cretaire d'Etat dirigeant le Ministere des Affaires Etrangeres, &c. ; et le Sieur Pierre de Poletica, Son Conseiller d'Etat actuel, &c. Lesquels Plenipotentiaires, apress'etre connuunique leurs Plein-pouvoirs respec- tifs, trouves en bonne et due forme, ont arrete et signe les Articles suivans: — I. II est convenu que dans aucune partie du Grand Ocean, appele communement Ocean Pacilique, les Sujets respectifs des Hautes Puis- sances Contractantes ne seront ni trouljles, ni genes, soit dans la naviga- tion, soit dans Texploitation de la peche, soit dans la faculte d'aborder aux Cotes, sur des Points qui ne seraient pas deja occupes, atin d'y faire le commerce avec les Indigenes, sauf toutefois les restrictions et conditions determinees par les Articles qui suivent. II. Dans la vue d'cmpecher que les droits de navigation et de peche exerces sur le Grand Ocean par les Sujets des Hautes Parties Con- tractantes, ne deviennent le pretexte d'un conmierce illicite, il est con- venu que les Sujets de Sa Majeste Britannique n''al)orderont Ti aucun Point ou il se trouve un Etablissement Russe, sans la permission du Gouverneur ou Conunandant, et que, reciproquement, les Sujets Russes ne pourront aborder, sans permission, a aucun Etablissement Bri- tannique, sur la Cote Nord-ouest. III. La ligne de demarcation entre les Possessions des Hautes Par- ties Contractantes sur la Cote du Continent et les lies de TAmerique Nord-ouest, sera tracce ainsi quMl suit: — A partir du Point le plus meridional de Tile dite Prince of Wales, leciuel Point se trouve sous la parallMe du ol'"" degre 10 minutes de latitude Nord, et entre le 181""' et le IBS""" degre de longitude Ouest GREAT BRITAIN AND RUSSIA, 1825. 13 (]\leridien de Greenwich), la dite ligne remontera au Nord de long de la passe dite Portland Channel, ju.squ'au Point de la terre fernie on elle atteint le 56'""" deo-re de latitude Nord: de ce dernier point la ligne de demarcation suivra la crete des montagnes situees i)arallMenient a la Cote, jus(|irau point d'intersection du 111™'* degre de longitude Guest (meme Meridien); et, tinalement, du dit point d'intersection, la meme ligne meridienne du l-tl'"*^ degre formera, dans son prolongenient jusqu'a la mer Glaciale. la limite entre les Possessions Riisses et Britanniques sur le Continent de TAmerique Nord-ouest. IV. II est entendu, par rapport a la ligne de demarcation determinee dans r Article precedent: V. Que Tile dite Prince of Wales appartiendra toute entiere a la Russie: , 2°. Que partout ou la crete des montagues qui s'etendent dans une direction parallele a la Cote depuis le 56'"^ degre de latitude Nord au point d'intersection du l-il'"" degre de longitude Quest, se trouverait a la distance de plus de dix lieues marines de TOcean, la limite entre les Possessions Britanniques et la lisiere de Cote mentionnee ci-dessus conmiedevant appartenir a,La Russie, sera formee par une ligne paral- lele aux sinuosites de la Cote, et qui ne pourra jamais en etre eloignee que de dix lieues marines. V. II est convenu en outre, que nul Etablissement ne sera forme par Tune des deux Parties dans les limites que les deux Articles precedens assignent aux Possessions de I'Autre. En consequence, les Sujets Britanniques ne formeront aucun Etablissement, soit sur la cote, soit sur la lisiere de terre ferme comprise dans les limites des Possessions Russes, telles qu'elles sont designees dans les deux Articles precedens; et de meme, nul Etablissement ne sera forme par des Sujets Russes au delJi des dites limites. VI. II est entendu que les Sujets de Sa Majeste Britannique, de quelque Cote qu'ils arrivent. soit de TOcean, soit de Finterieur du Con- tinent, jouiront a perpetuite du droit de naviguer librement, et sans entrave quelconque, sur tons les Heuves et rivieres, qui, dans leurs cours vers la mer Paciticjue, traverseront la ligne de demarcation sur la lisiere de la Cote indiquee dans I'Article 3. de la presente Conven- tion. VII. II est aussi entendu que, pendant Tespace de dix Ans, a dater de la signature de cette Convention, les Vaisseaux des deux Puissances, ou ceux appartenans a leurs Sujets respectifs, pourront reciproquement frequenter, sans entrave quelconque, toutes les ]Mers interieures, les Golfes, Havres, et Criques sur la cote mentionnee dans TArticle 8, afin d'v faire la peche et le commerce avec les Indigenes. VIII. Le Port de Sitka, ou Novo Archangelsk, sera ouvert au Com- merce et aux Vaisseaux des Sujets Britanniques durant I'espace de dix ans, a dater de Techange des Ratitications de cette Convention. Au cas qu'une prolongation de ce terme de dix ans soit accordee a quelque autre Puissance, la meme prolongation sera egalement accordee ii La Grande Bretagne. IX. La susdite liberte de commerce ne s'appliquera point au tralic des liqueurs spiritueuses, des armes-a-feu, des armes blanches, de la poudre a canon, ou d'autres munitions de guerre; les Hautes Parties Contractantes s'engageant reciproquement a ne laisser ni vendre, ni livrer, de quelque maniere que ce puisse etre, aux Indigenes du pa3\s, les articles ci-dessus mentionnes. 1 4 TREATIES. X. Tout Vaisseau Britannique ou Russe naviguant sur TOcean Pa- citique, qui sera force par des tempetes, ou par quelque accident, dese ref ug'ier dans les Ports des Parties respectives, aura la liberte de s'y radouber, de s\v pourvoir de tous les objets qui lui seront necessaires, et de se remettre en mer, sans payer d'autres Droits que ceux de Port et de Fanaux, lesquels seront pour lui les memes que pour les Btitimens Nationaux. Si, cependant, le Patron d'un tel navire se trouvait dans la necessite de se defaire d'une partie de ses marchandises pour sub- venir ii ses depenses. il sera tenu de se conformer aux Ordonnances et aux Tarifs de I'Endroit ou il aura aborde. XL Dans tous les cas de plaintes relatives a I'inf raction des Articles de la presente Convention, les Autorites Civiles et Militaires des deux Hautes Parties Contractantes, sans se permettre au prealal)le ni voie de fait, ni mesure de force, seront tenues de faire un rapport exact de Fatiaire et de ses circonstances a leurs Cours respectives, lesquelles s'engagent a la regler a Tamiable, et d'apres les principes d'une part" aite justice. XII. La presente Convention sera ratifiee, et les Ratifications en seront echangees a Londres, dans I'espace de six semaines, ou plutot si faire se pent. En Foi de quoi les Plenipotentiares respectifs Font signee, et y ont appose le Cachet de leurs Armes. Fait a St. Petersbourg, le — ^^'- Fevrier, de Fan de Grace mil- huit-cent-vingt-cinq. [l. s.] Stratford Canning. [l. s.] Le CoMTE DE Nesselrode. [l. s.] Pierre de Poletica. [Translation — Hertslet's Commercial and Slave Trade Treaties, Vol. Ill, p. 302.] In the name of the Most Holy and Undivided Trinity. His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of all the Russias, being desirous of drawing still closer the ties of good understanding and friendship which unite them, l)y means of an agreement which may settle, upon the basis of reciprocal convenience, ditferent points connected with the commerce, navigation, and fisheries of their subjects on the Pacific Ocean, as well as the limits of their respective possessions on the North- west coast of America, have named Plenipotentiaries to conclude a convention for this purpose, that is to say: His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honora- ble Stratford Canning, a member of his said Majesty's Most Honorable Privy Council, etc., and His Majesty the Emperor of all the Russias, the Sieur Charles Robert Count de Nesselrode, His Imperial Majesty's Priv}' Councillor, a member of the Council of the Empire, Secretary of State for the department of Foreign Affairs, etc., and the Sieur Pierre de Poletica, His Imperial Majesty's Councillor of State, etc. Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and signed the following- articles: Art. I. It is agreed that the respective subjects of the high contract- ing Parties shall not ])e troubled or molested, in any part of the ocean, commonly called the Pacific Ocean, either in navigating the same, in GREAT BRITAIN AND RUSSIA, 1825. 15 tishing therein, or in landing at .such parts of the coast as shall not have l)een already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following articles. II. In order to prevent the right of navigating and lishing, exercised upon the ocean by the subjects of the high cantracting Parties, from becoming the pretext for an illicit commerce, it is agreed that the sub- jects of His Britannic Majesty shall not land at any place where there may be a Russian establishment, without the permission of the Gov- ernor or Commandant; and. on the other hand, that Russian subjects shall not land, without permission, at any British establishment, of the Northwest coast. III. The line of demarcation between the possessions of the high con- tracting Parties, upon the coast of the continent, and the islands of America to the North-west, shall be drawn in the manner following: Commencing from the southernmost point of the island called Prince of WaleK Island, which point lies in the parallel of 54 degrees 40 min- utes, north latitude, and l)etween the 131st and the 133d degree of west longitude (Meridian of Greenwich), the said line shall ascend to the north along the channel called Portland Channel^ as far as the point of the continent where it strikes the .56th degree of north latitude; from this last-mentioned point, the line of demarcation shall follow the sum- mit of the mountains situated parallel to the coast, as far as the point of intersection of the l-tlst degree of west longitude (of the same merid- ian); and, finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean, shall form the limit betw^een the Russian and British Possessions on the continent of America to the North-w^est. IV. ^yith reference to the line of demarcation laid down in the pre- ceding article it is understood: First. That the island called Pr'mce <>f TH^/t^-s- Island shall belong- wholly to Russia. Second. That whenever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north lati- tude to the point of intersection of the 141st degree of west longitude, shall prove to be at the distance of more than 10 marine leagues from the ocean, the limit between the British Possessions and the line of coast which is to belong to Russia, as above mentioned, shall be formed by a line parallel to the windings of the coast, and which shall never exceed the distance of 10 marine leagues therefrom. V. It is moreover agreed, that no establishment shall be formed b}' either of the two parties within the limits assigned by the two prececl- ing articles to the possessions of the other; consequently, British sub- jects shall not form any establishment either upon the coast, or upon the border of the continent comprised within the limits of the Russian Possessions, as designated in the two preceding articles; and, in like manner, no establishment shall be formed by Russian subjects Ijeyond the said limits. VI. It is understood that the subjects of His Britannic Majesty, from whate^•er quarter they may arrive, whether from the ocean, or from the interior of the continent, shall for ever enjoy the right of navigating freely, and wdthout any hindrance w^hatever, all the rivers and streams 16 TKEATIES. which, ill their course towards the Pacific Ocean, may cross the line of demarcation upon the line of coast described in article three of the present convention. VII. It is also understood, that, for the space of 10 years from the signature of the present convention, the vessels of the two Powers, or those belonging- to their respective subjects, shall mutually be at lib- erty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and creeks on the coast mentioned in article three for the purposes of fishing and of trading with the natives. VIII. The port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of 10 years from the date of the exchange of the ratifications of the present convention. In the event of an extension of this term of 10 years being granted to any other Power, the like extension shall be granted also to Great Britain. IX. The above-mentioned libertv of commerce shall not apply to the trade in spirituous liquors, in fire-arms, or other arms, gunpowder or other warlike stores; the high contracting Parties reciprocally engag- ing not to permit the above-mentioned articles to ])e sold or delivered, in any manner whatever, to the natives of the country. X. Every British or Russian vessel navigating the Pacific Ocean, which may be compelled by storms or by accident, to take shelter in the ports of the respective Parties, shall be at liberty to refit therein, to provide itself with all necessar}^ stores, and to put to sea again, with- out paying any other port and light-house dues, which shall be the same as those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his mer- chandise in order to defray his expenses, he shall conform himself to the regulations and tariffs of the place where he may have landed. XI. In every case of complaint on account of an infraction of the articles of the present convention, the civil and militarv authorities of the high contracting Parties, without previously acting or taking any forcible measure, shall make an exact and circumstantial report of the matter to their respective courts, who engage to settle the same, in a friendly manner, and according to the principles of justice. XII. The present convention shall be ratified, and the ratification shall be exchanged at London, within the space of six weeks, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have afiixed thereto the seal of their arms. Done at St. Petersburg, the |fth day of Februarv, in the vear of our Lord, 1825. [l. s.] Stratford Canning, [l. s.] The Count de Nesselrode. [l. s.] Pierre de Poletica. GREAT BRITAIN AND RUSSIA, 1843 AND 1859. 17 EXTRACTS FROM TREATY OF COMMERCE AND NAVIGATION OF 1843, BETWEEN GREAT BRITAIN AND RUSSIA. [For full toxt, SCL' Hertsk't's Comniorfial iiiul Sluvt- Traik' TiX'aties, Veil. VI, p. 7(i2.] ■A- *• -K- * * * * XII. It is understood that, in roo-ard to coniuierce and navigation in the Russian possessions on the north-west coast of America, the Convention concluded at St. Petersburg, on the 16 28 February, 1825, continues in force. XV. The present Treaty shall remain in force during the space of 10 years dating from the exchange of the ratifications thereof; and further, until the expiration of 12 months after either of the High Contracting Parties shall have given notice to the other of its intention to put an end thereto; each of the High Contracting Parties reserving to itself the right of giving such notice to the other at the expiration of the lirst 9 years: and it is agreed between them, that at the expira- tion of 12 months after such notice shall have been received by either of the High C-ontracting Parties from the other, the present Treaty, and all the stipulations contained therein, shall cease to be binding on the 2 Parties. EXTRACTS FROM TREATY OF COMMERCE AND NAVIGATION OF 1859, BETWEEN GRi:AT BRITAIN AND RUSSIA. [For full tt'xt. see Hertslet's CC'inmercial and Slave Trade Treaties, Vol. X, p. 1057.] * * * « * * * XTX -^ * * * * w * In regard to commerce and navigation in the Russian Possessions on the North-West Coast of America, the Convention concluded at St. Petersburg on the 16th (28th) of February, 1825, shall continue in force. «■ * -:v * * -:'!• * XXn. The present Treaty of Commerce and Navigation shall remain in force for 10 years from the date of the exchange of the ratifi- cations; and further, until the expiration of 12 months after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same; each of the High Contracting Parties reserving to itself the right of giving such notice to the other at the expiration of the first 9 years, or at any time afterwards. TREATY CONCERNING THE CESSION OF THE RUSSIAN POSSES- SIONS IN NORTH AMERICA BY HIS MAJESTY THE EMPEROR OF AliL THE RUSSIAS TO THE UNITED STATES OF AMERICA. [Concluded March 30, 1S07. Ratified by the United States May 28, 1867. Exchanged June 20, 1867. Proclaimed by the United States June 20, 1867.] Sa Majeste FEmpereur de toutes les Russies et les Etats-Unisd'Ame- rique, desirant rali'ermir, s'il est possible, la bonne intelligence qui existe entre eux, ont norame, a cet eflfet, pour leurs Plenipotentaires, 21528—03 9 18 TREATIES. .savoir: Sa Majeste rEmpereur cle toutes les Russies, le ConseillevPrive Edouard de Stoeckl, son Envoye Extraordinaire et Ministre Plenipoten- tiaire aux Etats-Unis; et, Le President des Etats-Unis. le Sieur AVilliam H. Seward, Secretaire d'Etat; Lesquels, apres avoir echau^e leurs pleins-pouvoirs, trouves en bonne et due forme, ont arrete et sig-ne les articles suivans: Article I. Sa Majeste rEni})ereur de toutes les Russies s'engage, par cette con- vention, a coder aux Etats-Unis, immediatement apres rechang-e des ratitications. tout le territoire avec droit de Souveraineto actuellement possede par Sa Majeste sur le continent d'Anierique ainsi que les lies contigues, le dit tei-ritoire etant compristlans les limites gcographiques ci-dessous indiquees, savoir: la limite orientale est la ligne de demar- cation entre les possessions Russes et Britanniques dans TAmeriquedu Nord, ainsi qu'elle estetablie par la Convention conclue entre la Russie et la Grande-Bretagne, le y Fevrier 1825, et detinie dans les termes suivans des articles 111 et IV de la dite convention: A partir du point le plus meridional de I'ile dite Prince of Wale.*, leqnel point se trouve sous la parallele du 54""' degre 40 minutes de latitude nord, et entre le 131""^ et le 133""' degre de longitude ouest (meridien de (Greenwich), la dite ligna remon- tera, au Nord le long de la passe dite Portland Channel, jusqu'au point de la terre ferme, on elle atteint le 56""^^ degre de latitude nord; de ce dernier point la ligne de demarcation suivra la crete des montagnes situees parallelement ii la cote jusqu'au point d'intersection du 141""-' degre de longitude ouest (meme meridien); et linale- ment du dit point d'intersection, la meme ligne meridienne du 141""^ degre forniera, dans son prolongement jus(iu';\ la mer Glaciale, la limite entre les possessions Russes et Britanniques sur le continent de I'Amerique Nord-Ouest. IV. II est entendu, par rapport a la ligne de demarcation determinee dans Tarticle precedent: 1". Que I'ile dite Prince of Wales, appartiendra toute entiere a la Russie: (mais des ce jour en vertu de cette cession aux Etats-Unis. ) 2°. Que partout ou la crete des montagnes qui s'etendent dans une direction pa- rallele a la cote, deimis le h^"" degre de latituile nord au point d'intersection du 441"'^' degre de longitude ouest se trouverait a la distance de plus de dix lieues marines de r Oct an, la limite entre les possessions Britanniques et la lisiere de cote mentionnee ci-dessus comme devant appartenir a la Russie (c'est-a-dire la limite des possessions ced6es par cette Convention) .sera formee par une ligne parallele aux sinuosit^s dela cote et qui ne pourra jamais en etre eloignee que de dix lieues marines. La limite Occidentale des territoires cedes passe par un point au detroit de Behring sous la parallele du soixante-cinquieme degre trente minutes de latitude Nord a son intersection par le meridien qui separe a distance egale les iles Krusenstern ou Ignalook et File Rat- manow ou Noonarljook et remonte en ligne directe, sans limitation, vers le Nord jusquTi ce qu'elle se perde dans la mer Glaciale. Com- mencant au meme point de depart, cette limite Occidentale suit de la un cours presque Sud-Ouest, a travel's le detroit de Behring et la mer de Behring. de maniere ji passer a distance egale entre le point Nord- Ouest de File Saint Laurent et le point Sude.st du cap Choukotski jusqu'au meridien cent-soixante-douzieme de longitude Ouest; de ce point a partir de Tinter.section de ce meridien, cette limite suit une direction Sud-Ouest de maniere a passer a distance egale entre Tile d'Attou et nie Copper du groupe d'llots Komandorski dans TOcean Pacititpie Septentrional jus(|ii'au meridien de cent (piatre-vingt-treize degres de longitude Ouest, de maniere Ti enclaver dans le territoire cede, toutes les lies Aleoutes situees ti Pest de ce meridien. UNITED STATES AND RUSSIA, 18G7. 19 Article II. ^ Dans le territoire cede par rarticle precedent Ti la Souverainete des Etats Unis, sont conipris le droit de propriete sur tons les terrains et places piililics, terres inoccupees, toutes les constructions publiques, fortifications, casernes et antres edifices qui ne sont pas propriete privee individuelle. II est toutefois entendu et convenu ([ue les eglises con- struites par le Cxouvernement Russe sur le territoire cede, resteront la propriete des menibres de TEo-lise Grecque Orientale residant dans ce Territoire et appartenant a ce culte. Tous les archives, papiers, et docuinens du Gouvernement ayant trait au susdit territoire, et qui y sont maintenant deposes, seront places entre les mains de Tag-en, des Etats-Unis; ^Nlais les Etats-Unis fourniront, toujours quand il y aura lieu, des copies legalisees de ces documens au Gouvernement Russe, aux officiers ou sujets Russes qui pourront en faire la demande. Article III. II est reserve aux habitans du territoire cede le cboix de garder leur nationalite et de rentrer en Russie dans Tespace de trois ans; mais s'ils preferent rester dans le territoire cede, lis seront admis, a Texception toutefois des tribus sauvages, a jouir de tous les droits, advantages et immunites des citoyens des Etats-Unis, et ils seront maintenus et pro- teges dans le plein exercice de leur liberie, droit de propriete et reli- gion. Les tribus sauvages seront assujeties aux lois et reglements que les Etats-Unis pourront adopter, de tems en tems a Tegard des tribus aborigenes de ce pa3'S. Article IV. Sa Majeste TEmpereur de toutes les Russies nommera, aussitot que possible, un agent ou des agens charges de remettre. formellement a Tagent ou aux agens nommes par les Etats-Unis, le territoire, la Sou- verainete, les proprietes, dependances et appartenances ainsi cedes et de dresser tout autre acte qui sera necessaire a Taccomplissement de cette transaction. Mais la cession, avec le droit de possession immediate, doit toutefois etre consideree complete et absolue a Techange des ratitica- tions, sans attendre la remise formelle. Article V. Immediatement apres I'echange des ratitications de cette Convention, les fortifications et les postes militaires qui se trouveront sur le terri- toire cede seront remis :i Tagent des Etats-Unis et les troupes Russes qui sont stationneesdans le dit territoire seront retirees dans un terms praticable et qui puisse convenir aux deux parties. Article VI. En consideration de la susdite cession, les Etats-Unis s'engagent a payer a la Tresorerie a Washington, dans le terme de dix mois, apres Techange des ratifications de cette Convention, sept millions deux cent mille dollars en or. au Representant diplomatique ou tout autre agent de 8a Majeste TEmpereur de toutes les Russies dument autorise a re- cevoir cette somme. La cession du Territoire avec droit de Souverainete, 20 TREATIES. faite parcette Convention, estdeelaree libreet degag-eede toutes reser- vation.s. privileges, franchises ou possessions par des compagnies Russes ou toute autre; legalenient constituees ou autrement, ou par des asso- ciations, sauf siniplenient les proprietaires possedant des biens prives individuels, et la cession ainsi faite transfere tous les droits, franchises et privileges appartenant actuellenientii la Russie dans ledit territoire et ses dependances. Article VII. Lorsque cette Convention aura ete dument ratitiee par Sa Majeste I'Enipereur de toutes les Russies d'une part, et par le President des Etats-Unis, avec Tavis et le consentement du Senat de Tautre, les rati- fications en seront echangees a Washington dans le terme de trois niois, a compter du jour de la signature ou plus tot si faire se pent. En foi de quoi les plenipotentiaires respectifs ont signe cette Conven- tion et y ont appose le sceau de leur amies. Fait a "Washington le 18-30 jour de Mars de Tan de Notre Seigneur mil-huit-cent soixante-sept. [l. s.] Edouard de Stoeckl. [l. s.] William H. Seward. [Translation.] The United States of America and His Majesty the Emperor of all the Russias, being desirous of strengthening, if possible, the good under- standing which exists between them, have, for that purpose, appointed as their plenipotentiaries: the President of the United States, ^^'illiam H. Seward, Secretary of State; and His Majesty the Emperor of all the Russias, the Privy Counsellor, Edward de Stoeckl, his Envov Extraor- dinary and Minister Plenipotentiary to the United States. And the said plenipotentiaries having exchanged their full powers, which Avere found to be in due form, have agreed upon and signed the following articles: Article L His Majesty the Emperor of all the Russias agrees to cede to the United States, by this convention, immediately upon the exchange of the ratifications thereof, all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and the British possessions in North America, as estal)- lished by the convention between Russia and Great Britain, in February 28-16, 1825, and described in Articles III and IV of said convention, in the following terms: Commencing from the southernmost point of the island called Prince of Wales Island, which ])()int lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and the lo3d degree of west longitude (meridian of (Treenwich), the said line shall ascend to the north along the channel called Portland channel, as far as the point of the continent where it strikes the .5Bth degree of north latitude; from this last-mentioned point, the line of demarcation shall follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude (of the same meridian); and finally, from the said point of intersectif)n, the said meridian line of the 141st degree, in its prolongation as far as the Frozen ocean. UNITED STATES AND RUSSIA, 18H7. 21 IV. With reference to the hue of deinamition laid down in the preceding article, it is understood — 1st. Tiiat the island called Prince of Wales Island shall helonir wholly to Russia (now, by thi.s cession, to the United States). 2d. That whenever the summit of the mountains which extend in a direction par- allel to the coast from the otith degree of north latitude to the jxtint of intersection of the 141st degree of west longitude shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned (that is to say, the limit to the possessions ceded by this convention) shall be formed l)y aline parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom. The western limit witliiii which the territories and dominion con- veyed, are contained, passes throagh a point in Behring-'.s Straits on the parallel of sixty-hve degrees thirty minutes north latitude, at its intersection b}" the meridian which passes midway l^etween the islands of Krusenstern. or Ignalook. and the island of Ratmanoti', or Noonar- book. and proceeds due north, without limitation, into the same Frozen Ocean. The same western limit, beginning at the same initial point, proceeds thence in a course nearly southwest, through Behring's Straits and Behring's Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski. to the meridian of one hundred and seventy-two west lon- gitude; thence, from the intersection of that meridian, in a southwest- erly direction, so as to i)ass midway ])etween the island of Attou and the Copper Island of the Komandorski couplet or group in the North Pacific Ocean, to the meridian of one hundred and ninety-three degrees west longitude, so as to include in the territory conveved the whole of the Aleutian Islands east of that meridian. Article II. In the cession of territory and dominion made by the preceding arti- cle are included the right of i)roperty in all pul)lic lots and squares, vacant lands, and all public buildings, fortifications, 1)arracks, and other edifices which are not private individual property. It is. however, understood and agreed, that the churches which have been built in the ceded territory by the Russian Government, shall remain the property of such members of the Greek Oriental Church resident in the territory, as may choose to worship therein. Any government archives, papers, and documents relative to the territory and dominion aforesaid, which may l)e now existing there, will be left in the possession of the agent of the United States; but an authenticated copy of such of them as ma}" be required, will be. at all times, given by the United States to the Russian Government, or to such Russian officers or subjects as thej" may apply for. Article III. The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages and inmiunities of citizens of the United States, and shall ])e maintained and i)rotected in the free enjoyment of their lil»erty, property and religion. The uncivilized 22 TREATIES. tril)es will be sulijet-t to such laws and rou'ulations as the United States may, from time to time, adopt in regard to aljoriginal tribes of that countr}'. Article IV. His Majcst}' the Emperor of all the Ku.ssias shall appoint, with con- venient despatch, an agent or agents for the ]^urpose of formally deliv- ering to a similar agent or agents appointed on behalf of the United States, the territory, dominion, property, dependencies, and appurte- nances which are ceded as above, and for doing any other act which mav be necessary in regard thereto. But the cession, with the right of immediate possession, is nevertheless to be deemed complete and abso- lute on the exchange of ratitications, without waiting for such formal delivery. Article V. Immediately after the exchange of the ratifications of this conven- tion, any fortitications or military posts which may be in the ceded ter- ritory shall be delivered to the agent of the United States, and any Russian troops which mav be in the territory shall be withdrawn as soon as may be reasonably and conveniently practicable. Article VI. In consideration of the cession aforesaid, the United States agree to pay at the Treasury in Washington, within ten months after the ex- change of the ratitications of this convention, to the diplomatic repre- sentative or other agent of his Majesty the Emperor of all the Russias, duly authorized to receive the same, seven million two hundred thou- sand dollars in gold. The cession of territory and dominion herein made is hereby declared to be free and unincumbered ])y any reserva- tions, privileges, franchises, grants, or possessions, by an}" associated companies, whether corporate or incorporate, Russian or any other, or by any parties, except merely private individual property holders; and the cession hereby made, conveys all the rights, franchises, and priv- ileges now belonging to Russia in the said territory or dominion, and appurtenances thereto. Article VII. When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and on the other by his Majesty the Emperor of all the Russias, the ratitications shall be exchanged at Washington within three months from the date hereof, or sooner, if possit)le. In faith whereof, the respective plenipotentiaries have sig-ned this convention, and thereto aftixed the seals of their ai'ms. Done at Washington, the thirtieth day of March, in the year of our Lord one thousand eight hundred and sixty-seven. [l. s.] William H. Seward. [l. s.] Edouard de Stoeckl. IMPERIAL RUSSIAN UKASES. UKASE OF JULY 8, 1799, GRANTING PRIVILEGES TO THE RUSSIAN AMERICAN COMPANY. FIRST CHARTP:R of the RUSSIAN AIMERICAN C0:MPANY." On the original is written in His Imperial Majesty's own hand: '' Be it thus."— Peterhotf, July 8, lT9i>. "By the grace of a merciful God. we, Paul the First, Emperor and Autocrat of all the Russias. etc. To the Russian American Company under our highest protection. The l)enelits and advantages resulting to our empire from the hunting and trading carried on by our k^yal suhjects in the northeastern seas and along the coasts of America have attracted our imperial attention and consideration; therefore, having taken under our immediate protection a Company organized for the above-named purpose of carrying on hunting and trading, we allow it to assume the appellation of *■ Russian American Company, operating under our High- est Protection; ' and for the purpose of aiding the Company in its enter- prises, we allow the commanders of our land and sea forces to employ said forces in the Company's aid if occasion I'equires it. while for fur- ther relief and assistance of said Company, and having examined their rules and reguhitions, we hereby declare it to be our highest Imperial will to grant to this Company for a period of '20 years the following- rights and privileges: I. By the right of discovery in past times by Russian navigators of the northeastern* part of America, beginning from the tifty-tifth degree of north latitude and of the chain of islands extending from Kamchatka to the north to America, and southward to Japau. and by right of pos- session of the same by Russia, we most graciously permit the Company to have the use of all hunting-grounds and establishments now exist- ing on the northeastern'^ coast of America, from the above-mentioned tifty-tifth degree to Bering Strait, and also on the Aleutian, Kurile. and other islands situated in the Northeastern Ocean. II. To inake new discoveries not only north of the tifty-tifth degree of north latitude, but farther to the south, and to occupy the new lands discovered, as Russian possessions, according to prescribed rules, if they have not been previously occupied by. or been dependent on. any other nation. III. To use and profit by everything which has been or shall be dis- covered in those localities, on the surface and in the interior of the earth, without competition from others. «For Russian text, see "Historical Review of the Development of the Russian American Company and of its Operations up to the present time," Tikhmenief, St. Petersburg, 1861, vol. i, ai)p., p. 19, and Golovnin, in ^laterialui, r, jip. 77-SO. 23 24 IMPERIAL RUSSIAN UKASES. IV. ^^'e most o-niciousl}- permit this Company to estii])]ish settle- ments in future times, wherever they are wanted, aecording to its best knowledge and l)elief, and fortify them to insure the safety of the inhabitants, and to send ships to those shores with goods and hunters, w^ithout any ol)stacles on the part of the Government. V. To extend their navigation to all adjoining nations and hold busi- ness intercourse with all suriounding powers, upon obtaining their free consent for the pui-pose, and under our highest protection to enable them to prosecute their enterprises with greater force and advantage. VI. To employ for navigation, hunting, and all other Inisiuess, free and unsuspected people, having no illegal views or intentions. In con- sideration of the distance of the localities where thev will be sent, the provincial authorities will grant to all persons sent out as settlers, hunt- ers, and in other capacities, passports for seven years. Serfs and house- servants will only l)e employed liy the Company with the consent of their landholders^ and Government taxes will l)e paid for all serfs thus employed. YIl! Though it is forbidden by our highest order to cut Government timber anywhere without the permission of the admiralty college, this Company is hereby permitted, on account of the distance of the admi- ralt}' from Okhotsk, when it needs timber for repairs, and occasionall}^ for the construction of new ships, to use freely such timber as is required. VIII. For shooting animals, for marine signals, and in all unexpected emergencies on the mainland of America, and on the islands, the Com- pany is permitted to ))uy for cash, at cost price, from the Goxernment artillery magazine at Irkutsk, yearly, 40 or 50 pouds of powder and from the Nertchinsk mine 200 pouds of lead. IX. If one of the partners of the Comjxany becomes indebted to the Government or to private persons and is not in a condition to pay them from any other property except what he holds in the Company, such property can not be seized for the satisfaction of such debts, Init the debtor shall not be permitted to use anything but the interest or divi- dends of such property until the term of the Company's privileges expires, when it will l)e at his or his creditor's disposal. X. The exclusive right is most graciously granted to the Company for 'A period of twenty years, to use and enjoy, in the above-described extent of country and islands, all protits and advantages derived from hunting, trade, industries, and discovery of new lands, prohihitingthe enjoyment of these protits and advantages not only to those who would wish to sail to those countries on their own account, but to all former hunters and trappers who have been engaged in this trade and have their vessels and furs at those places; and other companies which may have been formed will not be allowed to continue their business unless they unite with the present Company with their free consent: luit such private companies or traders as liave their vessels in those regions can either sell theii' property, or, with the Company's consent, remain until they have obtained a cargo, l)ut no longer than is required foi- the loading and return of their vessel; and after that nobody Avill have any privileges but this one Company, which will be protected in the enjoy- ment of all the rights mentioned. XL Under our highest protection the Russian American Company will have full control over all above-mentioned localities, and exercise judicial powers in minor cases. The Company will also be permitted UKASE OF SEPTEMBEE 4, 1821. 25 to use all local facilities foi- t'ortitications in the defense of the countiy under their control against foreijin attacks. Only partners of the Com- pany shall l)e employed in the administration of the new possessions in charo-e of the Com})any. UKASE OF SEPTEMBER 4, 1821." EDICT OF HIS IMPERIAL MA.JESTy, AUTOCRAT OF ALL THE RUSSIAS. The directing- Senate maketh known unto all men: Whereas in an Edict of His Imperial Majesty issued to the directing Senate on the -ith da}" of Septem))er, and signed by His Majesty's own hand, it is thus expressed: Observing, from Reports sul)mitted to us, that the trade of our subjects on the Aleutian Islands and on the north-west coast of America, aiipertainino; unto Russia, is subject, because of secret and illicit tratiic, to oppression and impediments; and finding that the principal cause of these difficulties is the want of rules establishing the boundaries for navigation along these ctiasts, and the order of naval communi- cation, as well in these places as on the whole of the eastern coast of Siberia and the Kurile Islands, we have deemed it necessary to determine these communications by specific Regulations, which are liereto attached. In forwarding these Regulations to the directing Senate, we command that the same be published for universal information, and that the i:)roper measures be taken to carry them into execution. (Signed) Count D. Gurieff, 31! n istcr of Fin a n ces. It is therefore decreed ))y the directing Senate that His Imperial Majesty's Edict l)e pul)lished for the information of all men, and that the same be obeyed by all whom it ma}* concern. [The original is signed b\' the directing Senate.] Printed at St. Petersburgh. In the Senate, the 7th September, 1821. [On the original is written, in the handwriting of His Imperial Maj- esty, thus:] Be it accordingh'. (Signed) Alexander. Kamennoy Ostroff, Sqjteuiher 4, 1821. RULES established FOR THE LIGHTS OF NAVIGATION AND ORDER OF COMMUNICATION ALONG THE COAST OF THE EASTERN SIBERIA, THE NORTH-WEST COAST OF AMERICA, AND THE ALEUTIAN, KURILE, AND OTHER ISLANDS. § 1. The pursuits of commerce, whaling, and tishery, and of all other industry on all islands, posts, and gulfs, including the whole of the north-west coast of America, l)eginning from Behring Straits to the 51-^ of northern latitude, also from the Aleutian Islands to the eastern coast of Sil)eria, as well as along the Kurile Islands from Behring Straits to the south cape of the Island of Urup, viz., to the 45^ 50' north latitude, is exclusively granted to Russian subjects. § 2. It is therefore prohibited to all foreign vessels not only to land on the coasts and islands beh)nging to Russia as stated above, but also, to appi'oach them within less than 100 Italian miles. The transgressor's vessel is subject to contiscation along with the whole cargo. « For Russian text see Tikhmenief, vol. i, app., p. 27. 26 IMPERIAL RUSSIAN UKASES. § 3. An exception to this rule is to be made in favour of vessels car- ried thither b}^ heavy gales, or real want of provisions, and unable to make any other shore l)ut such as belongs to Russia; in these cases they are obliged to produce convincing proofs of actual reason for such an exception. vShips of friendly Governments, merely on discoveries, are likewise exempt from the foregoing Rule 2. In this case, how- ever, they must be previously provided with passports from the Rus- sian Minister of the Navv. § 4. Foreign merchant-ships which, for reasons stated in the fore- going rule, touch at anj^ of the above-mentioned coasts, are obliged to endeavour to choose a place where Russians are settled, and to act as hereafter stated. S 12. It is prohibited to these foreign ships to receive on board, without special permission of the Conmianders, any of the people in the service of the Company, or of the foreigners living in the Com- pany's Settlements. Ships proved to have the intention of carrying otf any person belonging to the Colony shall be seized. § 18. Every purchase, sale, or barter is prohil)ited betwixt a foreign merchant-ship and people in the service of the Company. This pro- hibition extends equally to those who are on shore and to those employed in the Company's ships. Any ship acting against this rule shall pay hve times the value of the articles, stores, or goods consti- tuting this prohil»ited traffic. § l4. It is likewise interdicted to foreign ships to carry on any traffic or barter with the natives of the islands, and of the north-west coast of America, in the whole extent here above mentioned. A ship convicted of this trade shall be confiscated. • ***»»• Count D. Gurief, Jliii/stri' of Finance. UKASE OF SEPTEMBER 13, 1821, RENEWING PRIVILEGES OF THE RUSSIAN-AMERICAN COMPANY. SECOND CHARTER OF THE RUSSIAN AMERICAN COMPANY.'^' By His Imperial Majesty's Ukase, bearing his signature, and com- nmnicated to the Ruling Senate on the 13th day of September, of the 3"ear 1821, it is decreed: "The Russian-American Compau}', under our protection, availing itself of the privileges conferred upon it by Imperial Decree in the year IT^U, has completely fulHlled what we expected of it, by its suc- cess in navigation, by what it has done to develop the trade of the Empire, to the Itenetit of all. and l)y securing consid(>rable profits to those who are directly interested in it. In consideration whereof, being desirous of prolonging its existence and establishing it yet more firmly, we hereby renew the privileges granted to it, with the neces- sary additions and nioditications, for a pei'iod of twenty years from "For Russian text, see Tikhmenief, Vol. i, app., p. 41. UKASE OF SEPTEMBER 13, 1821. 27 this dute, and havino- sanctioned the new Reoulations drawn up for it, hand this over to the Rulino- Senate. eonnnandiniting the coasts of America, where the Com- pany has est'ihhshed their Colony. Section 57. The company, whose ])i-incipal object is the catching of Sea-animals and wild l)easts, shall not extend their searches to this effect to the interior of those Countries, on which coasts they practice the above catchings, and shall liy no means meddle with ojijiression of the inhabitants, living along those coasts; and in case the Comjiany should think it for their interest, to establish factories in some places of the American Continent in order to secure their commerce, they may do so after hav- ing actjuired the consent of the Natives and shall do everthing in their power to maintain their arrangements and avoid everything that might create the susjiicion or thought as if they intended to deprive them of their independence. Section 58. The Company is prohibited to demand gifts, dues, tribute or any such sacrifice from these people, equally during the time of peace, not to take any of the inhal>itants by force out of their stock, if, agreeably to the existing custom, some will be delivered by their .Iwun*'//*^.*. These inhabitants delivered to the Colony, shall be jnoperly treated and maintained, and the directors shall take particular care that they be not offended. Sectio.n' 59. In case it happens, that some of the Natives of the American Coast should wish to put up in the Russian Colonies, the Company shall grant their request, if no danger is likely to arise from it to the Colonies. The new settlers shall be enregistered in the number Islanders and shall enjoy the same rights and privileges as those. UKASE OF MARCH 29, 1829, CONFIRMING CHARTER OF 1821. IMPERIAL CHARTER GRANTED TO THE RUSSIAN AMERICAN COMPANY. — CONFIRMATION OF ITS RIGHTS AND PRIVILEGES. By the helping- grace of God, we, Nicholas the First, Emperor and Autocrat of all the Russias, etc., etc., etc. As we regard as an object of our particular care the develo])nient in our Eiupire of every kind of industry and commerce, we have turned our Imperial attention to the Russian American Company. Since its ver}' foundation it has been favored with the protection of our most august late father and bi-other, and during the twent3'-eight 3'ears of its existence it has steadily pursued its ot^ject, has cooperated in the progress of navigation, has opened to our subjects new and rich sources of conmierce and industry, and has brought to its shareholders con ■siderable profits. Wishing to show our august benevolence towards this institution of conmion profit and to give it a tirm and stal)le ])asis, we take the Rus- sian American Company under our immediate protection, and confirm- ing ])y the force of this, our imperial charter, the rules, rights, and privileges granted to the Compan}^ by the supreme ukase of September 13, 1821, we order: I. That the Company which was founded for industry on the main- land of Noi-th America, on the Aleutian Islands, and on the Kurile Islands and in all parts of the Northeastern Sea shall, under our supreme patronage, ])e called, as before the Russian American Company., II. The limits of navigation and industry of the Company are deter- mined by the treaties concluded with the United States of America April 5, "(17) 1824, and with England February 16, {2S) 1825. «For Mr. Wilkin's No. 16, see post, page 246. UKASE OF 1844. 29 111. In all the places allotted to Russia by these treaties there shall be reserved to the Company the lig-ht to protit by all the fur and tish industries, to the exclusion of all other Russian sut)iects. IV". The part that neigiiborino- nutions may take in these industries, as well as the nature of the coast relations with the Russian American Company, shall remain on the basis of these same treaties until new rules shall be published on this subject. V. All the advantages and rights conceded to Russia by these treaties are granted to the Company, on which is also imposed the strict fulfill- ment of all the mutual ol)ligations of Russia stipulated in these treaties. VI. The internal administration of the affairs of the Company, its relations to the Government, the personnel and the duties of the supreme council of the chief administration of the directors of the Colonies, of the local agencies, and of the shareholders shall remain on the basis of the rules of Septem])er 13, 1821. VII. All the articles of these rules and of the privileges published together with them, which are not limited by the aforesaid treaties, and which are not contrary to the ukase of October 14, 1827, concern- ing entrance into service, shall remain in full force and vigor in their full extent and for the whole time for which they w^ere granted to the Russian American Company by our most august brother, the late Emperor Alexander the First. In conclusion of this our Imperial charter, we order all our militar}" and civil authorities and all our Government officers not only not to prevent the Russian American Company from availing itself of these rules and privileges granted to it b}' us, but in case of need to fore- warn it of any damage or harm which may come to it, and to render all legal assistance and protection to its board of administration. For the greater force of this charter which we have granted, we have signed it M'ith our own hand and have ordered it to be strengthened by the affixing of our seal of the Empire. Published by the Senate, March 29 (April 10), 1829. UKASE OF OCTOBER 10, 1844, RENEWING PRIVILEGES OF THE RUSSIAN-AMERICAN COMPANY. THIRD CHARTER OF THE RUSSIAN AMERICAN COMPANY.'* On the original is w^'itten in His Imperial Majesty's own hand: ''Be it thus." Gatchina, October 10, 1841:. EIGHTS AND PRIVILEGES OF THE COMPANY. I. The Russian American Company, established for trading on the continent of Northwestern America and on the Aleutian and Kuriles Islands as in every part of the Northeastern Sea, stands under the Highest protection of His Imperial Majesty. II. The limits of the navigation and trade of the Company on the shore of the continent and on the islands of Northwestern America, are « Related l)ack to the year 1842. For Russian text see Tikhmenief, vol. ii, first appendix, p. 11. 30 IMPERIAL RUSSIAN UKASES. within the following line of demarcation between Russia, Enoland, and America: Commencing with the southernmost point of the Island of Prince of Wales, which point is situated at 54- 40' north latitude and between 131- and 133- west longitude (reckoning from the meridian of Cireenwieh), the above line runs northward along the straits named Portland Channel to that point of the mainland where it touches the atJth degree of north latitude. Hence the line of demarcation follows the crest of the mountains which stretch in a direction parallel with the coast to the crossing at the 141st degree of west longitude (from the same meridian), and tinall}', from this point of intersection, the same meridian of the 141st degree constitutes in its extension to the Arctic Sea the l)oundarv of the Russian Possessions on the continent of North- western America. III. In all places annexed to Russia bj'^ the above-mentioned delimi- tation there is granted to the Company the right to carry on the fur and iishing industries to the exclusion of all Russian subjects. IV. The Company is permitted to hold and use all things heretofore found and hereafter to be found in those places, as well on the surface as in the bowels of the earth, without regard for anj^ claim thereto on the part of others. V. The Compam' is allowed in future according to necessity and its best judgment within the limits designated in Sec. 2, wherever it ma}" be found necessary to establish new settlements and fortifications for safe habitation: and those formerly established may be extended and improved, the Company being allowed to send to those regions vessels carrying merchandise and laborers without any let or hindrance. * -X- % ■» ^- ^ -X- XXII. The rights and privileges granted to the Companv shall be in force for twenty years, reckoning from the 1st of January of the year 1842. XXIII. Upon the taking effect of this charter all previous provisions rtdating to the Company are repealed, and will preserve their force only as to matters arising before the pronudgation of the constitution. DIPLOMATIC CORRESPONDENCE RELATING TO THE TREATY OF LS24 BETWEEN THE UNITED STATES AND RUSSIA. 3fr. Middleton to Mr. Adams. No. 9.] St. Petersburg, 9A Sept. {3d Oct.), 1821. Sir: * * * in the same paper (the "Conservateur") is a notice of the principal dispositions of an ukase, under date of the 4th Sep- tember, prohibiting- all foreign vessels from trading with the Russian possessions on the NW. coast of America, some of which dispositions indeed appear to affect the interests of all maritime nations, but others more particularly trench upon the territorial pretensions of (jreat Brit- ain. I shall endeavor to ascertain whether this latter power remon- strates, which is scarcely doubtful. I enclose a copy of the latest Russian map of the NW. regions,^' to which I have added a notice of the places where there are actual settlements upon the coast, according to the best information 1 have been al)le to ol)tain. It is understood that the Russ-American North- west Company have lately had a renewal of their charter for 20 years, with additional privileges. I am noAV occupied in preparing a trans- lation of the different ukases under which they hold their privileges, which shall be forwarded as soon as completed. I have, etc., Henry Middleton. Mr. Poletica to Mr. Adams. [Translation.] Washington, Jaimary 30 [Fehruary 11], 1823. The undersigned, envoy extraordinary and minister plenipotentiary of His Majesty the Emperor of all the Russians, in consequence of orders which have lately reached him, hastens herewith to transmit to Mr. Adams, Secretary of State in the Department of Foreign Affairs, a printed cop}^ of the regulations adopted by the Russian-American Compan}^, and sanctioned by His Imperial Majesty, relative to foreign commerce in the waters bordering the establishments of the said com- pany on the northwest coast of America.* The undersigned conceives it to be, moreover, his duty to inform Mr. Adams that the Imperial Government, in adopting the regulation, supposes that a foreign ship, which shall have sailed from a European "See map Xo. 6 in Atlas accompanying the Case of the United States. b The ukase and regulations enclosed will be found ante page 25. 31 32 DIPLOMATIC CORRESPONDENCE port after the Ist of March. IS'22, or from one of the ports of the United States after the 1st of July of the same year, can not hxwfully pretend io-norance of these new measures. The undersiuned. etc.. Pierre de Poletica. J//'. Adaiiix to Jlr. PoJ>'tU-a. Department of State, Washrngton, F^hruary 25, 1822. Sir: I have the honor of receiving your note of the 11th instant, inclosing a ])rinted copy of the regulations adopted by the Russian- Americaii Company, and sanctioned by His Imperial Majesty, relat- ing to the commerce of foreigners in the waters bordering on the establishments of that company upon the northwest coast of America. 1 am directed by the President of the United States to inform you that he has seen with surprise, in this edict, the assertion of a terri- torial claim on the part of Russia, extending to the tifty-tirst degree of north latitude on this continent, and a regulation interdicting to all conuuercial vessels other than Russian, upon the penalty of seizure and confiscation, the approach upon the high seas within 100 Italian miles of the shores to which that claim is made to apply. The relations of the United States with His Imperial Majesty have always l)een of the most friendly character: and it is the eai'uest desire of this Govern- ment to preserve them in that state. It was expected, before any act which should define the boundary between the territories of the United States and Russia on this continent, that the same would have been arranged by treaty between the parties. To exclude the vessels of our citizens from the shore, be^'ond the ordinary distance to which the ter- ritorial jurisdiction extends, has excited still greater surprise. This ordinance affects so deeply the rights of the United States and of their citizens that I am instructed to inquire wdiether you are author- ized to give explanations of the grounds of right, upon principles gen- erally recognized l)y the laws iind usages of nations, which can warrant the claims and regulations contained in it. I avail, etc.. JoHx QuixcY Adams. The Chevalier de Poletica to the Secretary of State. [Translation.] Washington, February 28, 1822. Sir: I received two days since the letter which vou did me the honour to jiddress to me on the same dav. l)v order of 'the President of the United States, in answer to my note of the 11th current, bv which I dischurgcd the orders of my Government in conHUunicating* to vou the new regulation adojjted by the Russian-American Company, and sanctioned by His Majesty the Emperor, mv august Sovereign, on the 4th (HJtli) S,>ptcniber. lsi>l, relative to foreign conunerce in the waters wluch border upon the establishments of the said companv on the northwest coast of America. RELATING TO TREATY OF 1824. 33 Koadilv yielding, sir. to the desire expressed ]\y you in your letter of knowing- the rights and principles upon which are founded the determinate limits of the Russian possessions on the northwest coast of America from Behring Strait to the 51st degree of north latitude, I am happy to fulfil this task b}' onl}" calling your attention to the fol- lowing historical facts, the authenticity of which cannot be contested. The lirst discoveries of the Russians on the northwest continent of America go ])ack to the time of the Emperor Peter 1. They belong to the attempt, made towards the end of the reign of this great Monarch, to find a passage from the icy sea into the Pacific Ocean. In 1728 the celebrated Captain Behring made his first voyage. The recital of his discoveries attracted the attention of the Govern- ment, and the Empress Anne intrusted to Captain Behring (1741) a new expedition in these same latitudes. She sent with him the Acade- micians Gmelin, Delile de la Crayere, Miiller, Steller, Fischer. Krasil- nicotf, Kritcheninicoti', and others; and the first chart of these countries which is known was the result of their labours, pul)lished in 1758. Besides the strait which ])earsthe name of the chief of this expedition, he discovered a great part of the islands which are found ]>etween the two continents. Cape or Mount St. Elias, which still bears this name upon all the charts, was so called by Captain Behring, who discovered it on the day of the feast of this saint; and his second. Captain Tchiri- coff, pushed his discoveries as far as the •IHth degree of north latitude. The tirst private expeditions undertaken upon the northwest coast of America go l)ack as far as the year 1743. In 1763 the Russian establishments had already extended as far as the island of Kodiak (or Kichtak). In 177S Cook found them at Ouna- laska. and some Russian inscriptions at Kodiak. Vancouver saw the Russian establishment in the Bay of Kinai. In tine. Captains Mirs, Portlock, La Peyrouse, unanimously attest the existence of Russian establishments in these latitudes. If the Imperial Government had at the time pu])lished the discov- eries made l)y the Russian navigators after Behring and Tchiricoff, viz. Chlodilotf, Serebreanicoif, Krasilnicoti', Paycotf, Poushcareff, Lazeretl, Medwedetf, Solowietf, Lewashetf, Kremtsin, and others, no one could refuse to Russia the right of tirst discovery, nor could even any one deny her that of tirst occupation. Moreover, when D. Jose ]\Iartinez was sent in 178U l)y the Court of Madrid to form an establishment in Vancouver's Island and to remove foreigners from thence, under the pretext that all that coast belonged to Spain, he gave not the least disturbance to the Russian colonies and navigators. Yet the Spanish (jovernment was not ignorant of their existence, for this very Martinez had visited them the year before. The report which Captain Malespina made of the results of his voyage proves that the Spaniards very well knew of the Russian colonies; and in this very report it is seen that the Court of Madrid acknowledged that its possessions upon the coast of the Pacific Ocean ought not to extend to the north of Cape Blanc, taken from the point of Trinity', situated under -i'l^ 59' of north latitude. When in 1799 the Emperor Paul I granted to the present American Company its first charter, he gave it the exclusive possession of the northwest coast of America, which belonged to Russia, from 55th degree of north latitude to Behring Straits. He permitted them to extend their discoveries to the south, and there to form establish- 21528—03- — 10 34 DIPLOMATIC CORRESPONDENCE ments, provided that the\' did not encroach upon the teiTitor\' occu- pied b}" other powers. This act, when made pu])lic, excited no claim on the part of other cabinets, not even on that of Madrid, which confirms that it did not extend its pretensions to the (JOth degree. When the Government of the United States treated with Spain for the cession of a part of the northwest coast it was able to acquire, by the treatv of ^^'ashino•ton, the right to all that belonged to the Span- iard north of the -i^nd degree of latitude; but this treaty says nothing- positive concerning- the northern boundary of this cession, because, in fact, Si)ain well knew that she could not say that the coast as far as the 6<>th degree l)elong-ed to her. From this faithful exposition of known facts it is easy, sir, as appears to me, to draw the conclusion that the rights of Russia to the extent of the northwest coast specitied in the regulation of the Russian-American Company rest upon the three bases required by the general law of nations and inmiemorial usage among nations — that is, upon the title of first discover}' ; upon the title of first occupation; and, in the last place, upon that which results from a peaceable and uncontested possession of more than half a century — an epoch, conse- quently, several years anterior to that when the United States took their place among independent nations. It is, moreover, evident that, if the right to the possession of a cer- tain extent of the northwest coast of America claimed by the United States only devolves upon them in virtue of the treat}' of Washing- ton, 1819 (and 1 believe it would- be difficult to make good any other title), this treaty could not confer upon the American Government any right of claim against the limits assigned to the Russian posses- sions upon the same coast, because Spain herself had never pretended to such a right. The Imperial Government, in assigning- for limits to the Russian pos- sessions on the northwest coast of America, on the one side Behring- Straits and on the other the 51st degree of north latitude, has only made a moderate use of an incontestable right, since the Russian navi- gators, who were the first to explore that part of the American Con- tinent in 1741, pushed their discover}- as far as the lUth degree of north latitude. The 51st degree, therefore, is no more than a mean point between the Russian establishment of New Archangel, situated under the 57th degree, and the American colony at the mouth of the Columbia, which is found under the IHth degree of the same latitude. All these considerations united have concurred in inspiring- the Imperial Government with an entire conviction that, in the last arrange- ments adopted in Russia relative to her possessions on the northwest coast, the legitimate right of no foreign power has been infringed. In this conviction the Emperor, my august sovereign, has judged that his good right, and the obligation imposed by Providence upon him to protect with all his power the interests of his subjects, sufliciently justified the measures last taken by His Imperial Majesty in favour of the Russian-American Company, without its being necessary to clothe them with the sanction of treaties. I shall be more succinct, sir, in the expositioji of the motives which determined the Imperial Government to prohilfit foreign vessels from ai)proaching the northwest coast of America belonging to Russia within the distance of at least 10<> Italian miles. This measure, how- RELATING TO TREATY OF 1824. 35 ever severe it may at tirst view appear, is, after all. l)ut a measure of prevention. It is exclusively directed ao-ainst the culpable enterprises of foreion adventurers, who, not content with exercising- upon the coasts above mentioned an illicit trade, very prejudicial to the rights reserved entirelj^ to the Russian- American Company, take upon them besides to furnish arms and anuiuuiition to the natives in the Russian possessions in America, exciting them likewise, in every manner, to resistance and revolt against the authorities there established. The American Government doubtless recollects that the irregular conduct of these adventurers, the majority of whom was composed of American citizens, has been the object of the most pressing remon- strances on the part of Russia to the Federal Government from the time that diplomatic missions were organized between the two coun- tries. These remonstrances, repeated at different times, remain con- stantly'- without effect, and the inconvenience to which they ought to bring a remedy continues to increase. The Imperial Government, respecting the intentions of the Ameri- can Government, has always abstained from attributing the ill success of its remonstrances to any other motives than those which flow, if I may be alloAved the expression, from the ver}' nature of the institutions which govern the national affairs of the American Federation. But the high opinion which the Emperor has always entertained of the rec- titude of the American Government can not exempt him from the care which his sense of justice toward his own subjects imposes upon him. Pacific means not having brought any alleviation to the just grievances of the Russian-American Company against foreign navigation in the waters which environ their establishments on the northwest coast of America, the Imperial Government saw itself under the necessity of having recourse to the means of coercion a)id of measuring the rigour according to the inveterate character of the e\ il to which it wished to put a stop. Yet.it is easy to discover, on examining closely the last regulation of the Russian-American Compan}", that no spirit of hostility had anything to do with its formation. The most minute precautions have been taken in it to prevent abuses of authority on the part of commanders of Russian cruisers appointed for the execution of said regulation. At the same time, it has not been neglected to give all the timely publicity necessary to put those on their guard against whom the measure is aimed. Its action therefore can onh' reach the foreign vessels which, in spite of the notification, will expose themselves to seizure by infringing- upon the line marked out in the regulation. The Government flatters itself that these cases will be ver}' rare; if all remains as at present — not one. I ought, in the last place, to request j^ou to consider, Sir, that the Russian possessions in the Pacific Ocean extend on the northwest coast of America from Behring Straits to the 51st degree of north latitude, and on the opposite side of Asia and the islands adjacent from the same strait to the 4:5th degree. The extent of sea of which these possessions form the limits comprehends all the conditions which are ordinarily .attached to shut seas ('"mers fermees"'); and the Russian Government might consequently judge itself authorized to exercise upon this sea the rights of sovereignt}^ and especially that of interdicting the entrance of foreigners. But it preferred only asserting its essential rights, with- out taking advantao-c of localities. S{\ DIPLOMATIC CORRESPONDENCE The Emperor, my auo-ust sovereign, sets a very high ^alue upon the niaintonanee of the rehitions of amity and good understanding which liavc till now sul>sisted between the two countries. The dispositions of His Imperial Majesty in this regard have never failed appearing at all times when an occasion has presented itself in the political relations of the I'nited States with the European powers; and, surely, in the midst of a general peace, Russia does not think of aiming a blow at the maritime interests of the I'nited States— she who has constantly respected them in those difficult circumstances in which Europe has ])een seen to be placed in the latter times, and the influence of which the United States have been unable to avert. I avail, &c. (Signed) Pierre de Poletica. 3f/\ A(I('ii/-'< to Jf. de Poletica. Department of State, Washiiujtori, March 30^ 18'-22. Sir: I have had the honour of receiving your letter of the 2Sth ultimo, which has been submitted to the consideration of the President of the United States. Eor the deduction which it contains of the grounds upon which Articles of Regulation of the Russian-American Company have now, for the first time, extended the claim of Russia on the northwest coast of America to the .51st degree of north latitude, its only foundation appears to l)e the existence of the small Settlement of Novo Archan- gelsk. situated, not on the American Continent, but upon a small island in latitude 57; and the principle upon which you state that this claim is now advanced is that the i51st degree is c to the justice of the reason assigned for the i)rohibition al)()ve mentioned. The right of the citi- zens of the United States to hold conmierce with aborioinal nati\'es of RELATING TO TREATY OF 1824. 37 the northwo^st coast of America, without the territorial jurisdiction of other nations, even in arms and munitions of war, is as clear and indis- putable as that of navigating the seas. That right has never been exer- cised in a spirit unfriendly to Russia; and although general complaints have occasionally ))een made on the subject of this commerce by some of your predecessors, no specific ground of charge has ever ))een alleged l\v them of any transaction in it which the United States were, by the ordinary laws and usages of nations, bound either to restrain or to pun- ish. Had any such charge been made, it would have received the most pointed attention of this Government, with the sincerest and tirmest disposition to perform every act and ol)ligation of justice to 3'ours which could have been required. I am conuuanded by the President of the United States to assure you that this disposition will continue to be entertained, together with the earnest desire that the most harmonious relations between the two countries may be preserved. Relying upon the assurance in your note of similar dispositions I'eciprocally entertained by His Imperial Majesty towards the United States, the President is persuaded that the citizens of this Union will remain unmolested in the prosecution of their lawful commerce, and that no etiect will be given to an interdiction manifestl}' incompatible with their rights. I am. tScc, (Signed) John Quincy Adams. ChevaUtr de Poletica to Mr. Adarn.s. [Translation.] Washington, 2 Ajnil {21 March), 1822. Sir: I had the honor 3'esterday to receive the letter which you were pleased to address to me, dated 30 March last (n. -St.), and not being- authorized to continue the discussion to which it refers, I find myself under the necessity of taking the contents of that letter ad referendum^ reserving- myself to comnumicate it to my Government as soon as possible. In the meantime 1 shall take the liberty of submitting to 3'our con- sideration some observations which have been suggested to me by cer- tain pa-any has hitherto exercised the right of hunting, fishing, and trading, as well as an indication of the parallel of latitude which t-an be fixed as the furthest limit of our dominions, with- out giving rise to remonstrances and pretensions such as those which have lately been evoked. The head of the foreign oftice adds that when the charter granted to the Russian- American Company in ITi^tO fixed as this boundary the 55th degree of latitude north and gave permission to the company to establish new stations even south of this line, except in places belonging to other powers, no foreign government objected to these two points, but that on the other hand it appears that two English companies, the Northwest Company ami the Hudson's Bay Company, have long had trading sta- tions established on the northwest coast of the American continent, beginning from 54° north latitude and extending, according to some accounts, to 56°. Under these circumstances. Privy Councillor Count Nesselrode thinks that it would be useful if the Russian-American Company would communicate all the infor- mation in its possession with regard to the existence of these stations and the time of their establishment, as he considers such information indispensable in order to avoid claims being advanced by ICngland when we proceed with the United States to the delimitation of our respective territories. In bringing what is stated above to the notice of the board of administration of the Russian-American Company, in accordance with the Emperor's orders, I have to request it to supply, without delay and in sufficient detail, th" information required from it, in order that a firm basis of fact may be established on which to found the instructions to be sent to Baron Tuyll, with a view to the defence of our territory against unfounded claims and injurious attempts on the part of foreigners, and to the protection of the interests of the Russian-American Company, in accordance with the aims which the Government had before it when drawing up the charter granted to the company and the regulations approved liy His Imperial Majesty on the 4th September, 1821. Count D. Gi'RiEF, Minister of Finance. Y. Drushixin, JJirecfor A true copy: The Chief Clerk. 42 DIPLOMATIC CORRESPONDENCE J//'. Middleton to Mr. Adams. Jso. 23.] St. Petersburg, August 8, 1822. Siu: I am desirous of giving you a full account of what has occurred hori' upon the subject of the N. W. contestation, because I conceive it to be important, on account of the impending- negotiation upon that sul>ject, that you should be furnished with all the information attain- able respecting the views and feelings of this Government upon it; and also because I wish you to understand the reason of the ver}' mod- erate tone of the note 1 presented upon receipt of the instructions contained in your No. 12. Having premised this nmch, 1 proceed to state that from the time of the pul>li('ation of the ukase respecting the N. W. trade, although I refrained from taking any official steps until I should receive instruc- tions so to do, yet I omitted no proper occasion of making known my private opinion upon that suliject in conversation with the secretaries and with all such persons as 1 knew were habitually consulted upon questions of a similar nature. To Mr. Speransk^". governor-general of Siberia, who had been one of the committee originating this meas- ure, I stated my objections at length. He informed me that the first intention had been (as Mr. Poletica afterwards wrote 3''Ou) to declare the northern portion of the Pacific Ocean as u/arc cJausuiii., but that idea l)eing abandoned, probably on account of its extravagance, they determined to adopt the more moderate measure of establishing limits to the maritime jurisdiction on their coasts, such as should secure to the Russian American Fur Company the monopoly of the very lucra- tive traffic they carry on. In order to do this they sought a precedent and found the distance of -30 leagues, named in the treaty" of Utrecht, and which may be calculated at about 100 Italian miles,' sufficient for all })uiposes. 1 replied ironically that a still better precedent might have been pointed out to them in'^the papal bull of 1193, which estab- lished as a line of demarcation between the Spaniards and Portuguese a meridian to be drawn at the distance of 100 miles west of the Azores, and that the expression "Italian miles" used in the ukase very natu- rally might lead to the conclusion that this was actually the precedent looked to. He took my remarks in good part, and I "am disposed to think that this conversation led him to make refiections which did not tend to confirm his first impressions, for I found him afterwards at dif- ferent times speaking confidentially upon the subject. For some time i)ast I l)egan to perceive that the provisions of the ukase would not be persisted in. It appears to have been signed by the Emperor without sufHcient examination, and may be fairlv consid- ered as having been suri'eptitiousiv o))tained. There can "be little doubt, therefore, that with a little p"atience and management it will be molded into a less objectionable shape. But in this," as in other mat- tei-s, the I't^voeniw (jradnni is most dillicult. Since the receipt of your drsputeh No. 12 I have had sevend conferences with the secretari"es of state and we have discussed fully and freely the state of the question as left by Mr. Poletica with your letter unanswered in hi's pocket. At length, on the morninoof the 21th of July, having learned that prepa- ration was makmg for the departure of the Emperor for Vienna, 1 had a conversation with Count Cai)odistrias. in whieh I informed him that 1 intended to ask a formal interview with Count Nesselrode ))efore his tleparture, for the purpose of taking up this subject and urgino- some RELATING TO TREATY OF 1824. 43 decision upon it, as I never had been a])le to ascertain officially whether the ortensive provisions of the ukase would be revoked. I felt the more anxious, too, because I had learned that a Russian frigate was shortly to sail for the N. W. coast. 1 informed him further that I had prepared a note verhale to leave with Couiit Nesselrode, which 1 begged to be permitted to read to him (Count Capodistrias), as 1 was well assured of his anxious desire that all things should go on smoothh' between us. (See paper No. 1.) After hearing this paper with attention he said to me: "'Puisque vous me faites Thonneur do me consulter, je vous dirai franchement mon avis. 8i vous voulez (|ue la chose s'arrange, ne donnez point Yotrc note — I'Empereur a deja eu le bon esprit de voir que cette af- faiie ne devrait pas etre pousee plus loin. Nous sommes disposes a lie pas y donner de suite. Les ordres pour nos vaisseaux de guerre seront bornes {i empecher la contrebande dans les limites reconnues par les autres puissances, en prenant nos etabli.ssemens actuels pour bai^e de ces operations. De cette maniere, il n'y aura pas de complication pour entraver la negociation que pourra entamer M. le Baron de Tuyll des son arrivee a \A'ashington. Si vous dites que vous faites protestation, vous ferez du tort a la negociation; il ne faut pas lion plus faire Tinsimiation (jue nous ayons avance une injuste preten- tion, meme en nous complimentant sur notre politique passee; il ne faut pas nous sommer de revoquer des ordi'es donnes; nous ne revo- quons pas; nous ne nous retractons pas. Mais dans le fait il n'v a pas d'ordres. donnes qui autorisent ce que vous craignez.'-" After much discussion I acquiesced in the solidity of the reasons for not delivering my note, and immediately wrote to Count Nesselrode asking an interview, which was granted for the 2Tth day of the month. At that conference I talked over the matter with the two secretaries of state and brought fully to their view the substance of the instruc- tions upon the ukase of the 4th September last, insisting upon the neces- sity of this Government suspending the execution of those regulations which violate the general right of navigating within the common juris- diction of all nations, and declaring that the territorial pretension ad- vanced by Russia must be considered as entirely inadmissible by the United States until the conflicting claims shall have been settled by treaty. 1 received verbal assurances that our wish in lioth respects will be complied with, and that it is the intention of the Emperor that Baron Tuyll shall be furnished with full powers to adjust all controver- sies upon the subject of trade and territory upon the N. W. coast. "'"Mais en attendant."'' said Ct. Capodistrias, "votre gouvernment voudra bien defendre a ses sujets le commerce dans les limites sujettes « [Translation.] — After hearins: this jiaper with attention he said to me: Since you do me the honor to consult me, I will frankly tell you my opinion. If you wish the affair arranged, do not ]iresent your note. The Emjieror has already had the good sense to see that this affair should not lie puslied too far. We are disi^osed not to follow it up. The oi'ders to our war vessels will be limited to the prevention of the contraband trade within the limits recognized by the other powers, taking our present estalolishments as a basis for these operations. In this way there will be no complication to eniljarrass the negotiation whicli may be commenced by Baron de Tuyll on his arrival at Washington. If you say tliat you protest, you will do liarm to the negotiation; nor should you insinuate that we have advanced an unjust claim, even wliile complimenting us on our past policy; you shouhi not demaml that we revoke the orders we have issued. _We will not revoke them; we will not draw back; l)ut in fact no orders have been issued which authorize your apprehension. 44 DIPLOMATIC CORRESPONDENCE ^ ti titiitostiitioii." Ill answer to this apostrophe I represented that this could not possihlv l»e done without achiiittino- the exclusive rights of Kussia. and tiiat iuitil those should he made manifest our Government has noauthoritv to inhiltit its eiti/ens from exereisino- their free indus- try within the limits sanctioned hy the laws of their country and of nations. I thouo-ht it necessary to g-ive olhcial form to these verbal conmiuni- cations. juid upon stating this to the secretaries it was agreed that I should s'm\\)\\ a.-^k to hr liifoi'iiird u-hat iras /;?/tf;;aired, it is not to be doubted that the President of the United States has learnes^;e,onderating power atsea may avail themselves thereof to justify abuses of power liy the example of those which sliould be most interested in upholding the universal rights of nations. Since the President can not close his eyes to the fact that public oi)inion is greatly op|.osed to these regulations, and is fully convinced that it is quite impossible forthe United States (iovernment to acquiesce in them, he has thought proper, not only in view of his feelings of friendship for His Majesty the Emi)eror of all the Russias, but of the uprightnes.« (if intention of which he is (•("inscious, and of the frankness which he uses on ail occasions, not to leave the Im|)erial (iovernment in uncertaintv with regard to his determination to uphold the rights and interests of his fellow-citizens, and to insist that the Uniteil States and their suhjects A\i\\\ still have, as thev have had in the j.ast, full liberty to sail in the Pacific Ocean and off the coasts of the neigh- boring countries within the limits recognized by the law of nations. A careful jierusal of the correspondence which has recentlv been exchanged at U ashington in relation to the aforesaid regulations can not fail to show that a state of war between the two powers exists alreadv, owing to the principles that have be«-n avowed on liotli sides. Nothing is lacking to make this complete except a declaration or acts of violence, which latter can not be long in coming, imless pre- cautionary measures be at once taken. It is e.specially owing to this circumstance that the departure of Mr. Poletica with- out having been authorized to enter upon a discussion of our mutual rights and duties IS to be regretted. rp:lating to trp:aty of is24. 45 Under present circumstances it is very desirable that there should l)e a suspension of the territorial claims of Russia to the Ijorder regions of the United States, without prejudice to the respective riglits of the powers interested, until the settlement of the boundaries by a treaty, but it is especially necessary, for the avoidance of any com- plications that might arise through hostilities, tliat the Russian Government shoulpily exists between the two powers, and, awaiting a favoi'able reply, he has the honor to renew to his exellency the secretary of state the assurance of his high consideration. (Signed) H'y Middleton. St. PETERSBURCi, Jiibi 27th, 1822. [Inclosure No. 3.] The undersigned secretary of state, acting minister of foreign affairs, hastened to lay before the Emperor the note which ]Mr. Middleton, envoy extraordinarj' and minister plenipotentiary of the United States of America, addressed to him on the 27th ultimo, calling the attention of the Imperial ministry to the correspondence which has passed between the envoy of Russia at Washington and the United States Government, with regard to certain clauses of the regulations issued Septendier 4 16, 1821, which were designed to protect the interests of Russian commerce on the northwest coast of North America. Being actuated by the constant desire to maintain in all their integrity the friendly relations existing Ijetween the court of Russia and the United States Government, the Emperor has been pleased to forestall the wishes which have just lieen made known to him. Major-General Baron de Tuyll, who has been apjiointed to the post that was tilled by ^Ir. de Poletica, received orders to devote himself to the impor- tant task which his predecessor would have performed liad the state of his health allowed him to prolong his stay in America. Having no doubt of the friendly disposition which will be manifested by the American (Tovernment in the negotiations Avhich are about to be set on foot by 40 DIPLOMATIC CORRESPONDENCE General Tuyll, and feeling as.^nrecl in advance that, by a series of these same negotia- tions, the interests of the commerce of the Russian American Company will be pre- served from all injury, the Emperor has caused the vessels of the Imperial navy which are about to visit the northwest coast to be furnished with instructions which are very nuich in kee])ing with the object that both Governments desire to attain, l)v mutual explanations, in a spirit of justice, harmony, and friendship. 'Having thus removed, so far as he is concerned, everytiiing that might have given rise to the acts of violence which the American Government seems to have been long apprehending, His Imjicrial :Majesty trusts that the President of the United Stafes will in turn adopt such measures as his wisdom may suggest to him as best adapted to rectify all those errors, that have been intensitied by that malevolence which seeks to misconstrue intentions and jeopardize the amicable relations of the two Governments. As soon as the shii>i)ers and merchants of the United States shall l)ecome con- vinced that the questions which have arisen in connection with the regulations of September 4/16 are receiving attention, and that it is firmly purposed to bring them to a deci-sion that shall be nuitually satisfactory, under the auspices of justice and of our unalterable friendshij), then will it be impossil)le for the surveillance which the vessels of tlie Imperial navy going to the northwest coast of America are directed by tlie new instructions to exercise there ever to give rise to unpleasant complica- tions. The undersigned, entertaining this conviction, which will doubtless be shared by Mr. Middleton, has l)ut to add to the communications which he has been ordered to make in reply to the note of July 27th the assurance of his very distinguished consideration. (Signed) Nesselrode. St. Fetersblkc;, Augmt 1st, 1823. Baron Tuyll to Mr. Adams. [Translation.] Washington, Ajyrll 12 (^4), 1823. The uiKlorsig-nccl, envoy extraordinary and minister plenipotentiary of His Maje.sty the Emperor of all the Kassias near the United States of America, has had the honor to express to Mr. Adams, Secretary of State, the desire of the Emperor, his master, who is ever animated b}^ a sincere friendship towards the United States, to see the discussions that have arisen between the ca])inets of St. Petersburg and Washing- ton, upon some provisions contained in the ukase of the -ith (Itjth) of September, 1821, relative to the Knssian possessions on the northwest coa.st of America, terminated by means of friendly negotiation. These views of His Imperial Majesty coincide with the wish expressed .some time since on the part of the United States in reo-ard to a settle- ment of limits on the .said coa.st. The ministry of the Emperor having indiu'cd the Biitish ministry to furnish Sir Charles Bagot, ambassador of His Majesty the King of Eng- land near His Imperial Maje.sty, with full powers ^lecessarv for the negotiation about to be set on foot for reconciling the difficulties exist- ing ))ctween the two courts on the subject of the northwest coast, the English (Jovcrnment is desirous of acceding to that invitation. The undersigned has been directed to communicate to Mr. Adams, Secivtary of State, in the name of his augu.^^t master, and as an addi- tional proof of the sentiments entertained by His Imperial Majesty towards the President of the United States and the American Govern- ment, the expression of his desire that Mr. Middleton be also furnished with the neces.sary powers to terminate with the Imperial cabinet, by an arrangement founded on the principle of mutual convenience, all rp:lating to treaty of 1824. 47 the differences that have arisen lietween Russia and the United States in consequence of the hiw |)ul)lished September 4 (1(»), 1821. The undersigned thinks he may hope that the Cabinet of Washing- ton wilh with pleasure, accede to a proposition tending to facilitate the completion of an arrangement based upon sentiments of mutual good will and of a nature to secure the interests of l)oth countries. He profits, etc., TUYLL. J//'. Adams to Baron Tuyll. Department of State, IT7^vA^y/r/^y;^ May 7, 1823. The undersigned, Seci'etary of State of the United States, has sub- mitted to the consideration of the President the note which he had the honor of receiving from the Baron de Tuyll, envoy extraordinary and minister plenipotentiarv from His Imperial Majestv the Emperor of all the Kussias. dated the 12th (24th) of the last month. The undersigned has been directed, in answer to that note, to assure the Baron de Tuyll of the warm satisfaction with which the President receives and appreciates the friendly dispositions of His Imperial Majesty toward the United States; dispositions which it has been, and is, the earnest desire of the American Government to meet with corre- sponding returns, and which have been long cemented by the invariable friendship and cordiality which have subsisted between the United States and His Imperial Majesty. Penetrated with these sentiments, and anxiously seeking to promote their perpetuation, the President readily accedes to the proposal that the minister of the United States at the court of His Imperial Majesty should be furnished with powers for negotiating, upon principles adapted to those sentiments, the adjustment of the interests and rights which have been brought into collision upon the northwest coast of America, and which have heretofore formed a subject of correspondence between the two Governments, as well at Washington as at St. Petersburg. The undersigned is further commanded to add that, in pursuing, for the adjustment of the interests in question, this course, equally congenial to the friendly feelings of this nation towards Russia and to their reliance upon the justice and magnanimity of His Imperial Majesty, the President of the United States confides that the arrangements of the cabinet of St. Petersburg will have suspended the possibility of any consequences resulting from the ukase to which the Baron de TuylFs note refers which could affect the just rights and the lawful commerce of the United States during the amicable discussion of the subject between the Gov- ernments respectively interested in it. The undersigned, etc., John Quixcy Adams. Mr. xidams to Mr. Middldon. No. 10.] Department of State, Washington, July 22, 1823. Sir: I have the honor of inclosing, herewith, copies of a note from Baron de Tuyll, the Russian minister, recentlv arrived, proposing, on 48 DIPLOMATIC CORRESPONDENCE tho part of His Majesty the Emperor of Russia, that a power should l)e trausniittecl to you to enter upon a negotiation with the ministers of his (ioyernment concerning the differences which haye arisen from the imperial ukase of -ith {16th) September, 1821, relatiye to the northwest coast of America, and of the answer from this Department acceding to this ]>roposal. A full power is accordingly inclosed, and you wilT consider this letter as communicating- to you the President's iii>tiucti()ns for the conduct of the negotiation. From the tenor of the ukase, the pretensions of the Impei'ial Goy- ermntMit extend to an exclusiye territorial jurisdiction from the forty- tifth degree of north latitude on the Asiatic coast to the latitude of tifty-one north on the western coast of the American continent; and they assume the right of interdicting the no ligation and the tishery of all other nations to the extent of one hundred miles from the whole of that coast. The United States can admit no part of these claims. Their right of navigation and of tishing is perfect, and has been in constant exer- cise from the earliest times, after the peace of 1783, throughout the whole extent of the Southern Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions, which, so far as Russian rights are concerned, are contined to certain islands north of the lifty-tifth degree of latitude, and haye no existence on the continent of America. The correspondence between Mr. Poletica and this Department con- tained no discussion of the principles or of the facts upon which he attempted the justification of the imperial ukase. This was purposely a\'()idi'd on our part, under the expectation that the Im})erial Goy- ermnent could not fail, u])on a reyiew of the measure, to revoke it altogether. It did, howey»»r, excite much public animadversion in this country, as the ukase itself had already done in England. I inclose herewith the North American Review for October, 1822, No. 37, which contains an article written l)y a person fully master of the subject; and for the view of it taken in England, I refer you to the 52d number of the Quarterly Review, the article upon Lieutenant Kotzeliue's voyages." From the article in the North American Review it will be seen that the rights of discovery, of occupancy, and of uncontested possession, alleged l)y Mr. Poletica, are all without foundation in fact. It does not appear that there ever has been a permanent Russian settlement on this continent south of latitude 51»: that of New Arch- ang(^l. cited by ]Mr. Poletica. in latitude 57^ 30', being upon an island. So far as i)rior dlsvorrri/ can constitute a foundation of right, the jDapers which 1 have referred to prove that it belongs to the United States as far as 59'^ north, by the transfer to them of the rights of Spain. There is, however, no part of the globe where the mere fact of discovery could be held to give weakerClaims than on the North- w(>st coast. "The great sinuosity," says Huniboldt. "formed by the coast t)etween the o.'ith and (Joth parallels of latitude embraces discov- eries made by Gali, Hehring and Tchivikofi', Quadra, Cook, La Perouse. Mah>spier, and \'ancouver. No European nation has yet ff)rmed an estalilishment upon the innnense extent of coast from Cape Mendosiiio to the rv.ifh degree of latitude. Beyond that limit the Rus- " For article in Quarterly Review, see Fur Seal Arbitration, Vol. IV, p. 227. For North AiiKM-ican Review, Jh., \^. L'44. RELATING TO TREATY OF 182i. 49 sian fut'tories coiiinience. most of which are scattered and distant from each other, like the factories established by the European nations for the last three centuries on the coast of Africa. Most of these little Russian colonies connnunicate with each other onl}- by sea, and the new denominations of Russian-America, or Russian possessions in the new continent, must not lead us to believe that the coast of Behrings Bay, the peninsuhi of Alaska, or the country of Ischuo-atschi. have become Russian j>r()v!nr'!< in the same sense giyen to the word when speaking- of the Spanish provinces of 8onora or New Biscay,*''' — (Hum- boldt's New Spain, vol. 2d, book ;^d. ch. 8, p. 490.) In Mr. Poletica's letter of 28th Februarj^, 1822, to me, he sa3^s that when the Emperor Paul I granted to the present American Company its first charter in 1T99 he gave it the r,rcI>/-'^/'re jxtssi'ssirm of the northwest coast of America, which belonged to Russia, from the 55th degree of north latitude to Behrings Strait. In his letter of 2d of April, 1822, he says that the charter to the Russian-American Compan}-, in 1799, was merely conceding to them a part of the sovereignty, <>t\ rafhei\ certain e.i-cJn>)th of October, 1818. By the treaty of the*22d of Feb- ruary. 181 !>. with Spain, the United States acquired all the rights of Spain north of latitude 42^; and by the third article of the convention between the United States and Great Britain, of the 2(>th of October, is IS. it was agreed that any country that might be claimed by either party oh the northwest coast of America, westward of the Stony Mountains, should, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from that date, to the vessels, citizens, and subjects of the two powei-s, without prejudice to the claims of either party or of any other State. You are authorized to propose an article of the same import for a term of ten years from the signature of a joint convention between the United States. Great Britain, and Russia. The right of the United States from the forty-second to the forty- ninth {parallel of latitude on the Pacific Ocean we consider as unques- tionalde, being founded, first, on the acquisition l)V the treatv of February 22. ISll*. of all the rights of Spain; second, "bv the discoVerv of the Columbia River, tirst from sea at its mouth, and then by land by Le\yis and Clarke; and third, by the settlement at its mouth in 1811. This t(>rrit()ry is to the Ignited States of an importance which no possession in North America can be of to any European nation, not oidy as it is but the continuity of their possessions from the Atlantic to th.' Piu-itic Ocean. I)ut as i't otiers their inhabitants the means of estaldishing hereafter water communications from the one to the other. RELATING TO TREATY OF 1824. 51 It is not coiu"(Mval)le that any possession upon tli(» continent of North America should be of use or importance to Kussia for any other pur- pose than that of trattic with the natives. This was in fact the induce- ment to the formation of the Russian American Company and to the charter granted them by the Emperor Pauh It was the inducement to the ukase of the Emperor Alexander. By ottering free and equal access for a term of years to navigation and intercourse with the natives to Kussia, within the limits to which our claims are indisputable, we concede much more than we obtain. It is not to })e doubted that, long ))efore the expiration of that time, our settlement at the mouth of the Columl)ia River will become so considerable as to offer means of use- ful commercial intercourse with the Russian settlements on the islands of the northwest coast. With regard to the territorial claim, separate from the right of traffic with the natives and from any s\stem of colonial exclusions, we are willing to agree to the boundary line within which the Emperor Paul had granted exclusive privileges to the Russian American Com- pany, that is to say, latitude 55-^. If the Russian Government apprehend serious inconvenience from the illicit traffic of foreigners, with their settlements on the northwest coast, it may be eti'ectually guarded against )\v stipulations similar to those, a draft of which is herewith subjoined, and to which you are authorized, on the part of the United States, to agree. As the British ambassadoi- at St. Petersburg is authorized and instructed to negotiate likewise upon this subject, it may be proper to adjust the interests and claims of the three powers by a joint conven- tion. Your full power is prepared accordingl3\ Instructions conformable to these will be forwarded to Mr. Rush at London, with authority to communicate with the British Government in relation to this interest, and to correspond with you concerning it, with a view to the maintenance of the rights of the United States. I am, etc. , floHN QuiNCY Adams. Henry Middleton, Envoy Kftraordiiiary and Minister Plenipotentiary of the United States^ St. Petershurg. [Inclosure to No. 16.] Draft of treaty between the United States and Russia. Art. I. In order to strengthen the bonds of friendship and to preserve in future a perfect harmony and good understanding between the contracting parties, it is agreed that their respective citizens and subjects shall not be disturbed or molested, either in navigating or in carrying on their fisheries in the Pacitic Ocean or in the South Seas, or in landing on the coasts of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the country; subject, nevertheless, to the restrictions and provisions specified in the two following articles. Art. II. To tlie end that the navigation and fishery of the citizens and subjects of the contracting parties, respectively, in the Pacific Ocean or in the South Seas, may not be made a pretext for illicit trade with their respective settlements, it is agreed that the citizens of the United States shall not land on any part of the coast actually occupied by Russian settlements, unless by permission of the governor or commander thereof, and that Russian subjects shall, hi like manner, be interdicted from landing without permission at any settlement of the United States on the said northwest coast. 52 DIPLOMATIC CORRESPONDENCE Art. III. It is agreed that no settlement shall be made hereafter on the northwest coast of America bv citizens of the United States or under their authority, north, nor by Russian snb'jects, or under the authority of Russia, south of the tifty-fifth degree of UDrth latitude. (For other inclosures see American State Papers, Foreign Relations, Vol. V, pi). 43(J-438. ) Mr. AdaniH to Mr. Riali. Xo 70. 1 Department of State, Wotiution with Great Britain which are pressing- upon the attention of this Government is the present con- dition of the northwest coast of this continent. This interest is con- nected, in a manner ])ecoming- from day to day more important, with our territorial rig-hts: with the whole system of our intercourse with the Indian trihes; with the hoiuidary relations between us and the British North Amei'ican dominions; with the fur trade; the fisheries in the Pai-itic Ocean; the commerce with the Sandwich Islands and China: with our l)()undary upon Mexico; and, lastly', with our political standing- and intercourse with the Russian Empire. By the thii'd article of the convention between the United States and Great Britain of October 20, 1818, it is agreed that any "country that may be claimed b}' either party on the northwest coast of America, westward of the Stony Mountains, shall, together with its harbors, l>ays. and creeks, and the navigation of all rivers within the same, lie free and open for the term of ten jears from the date of the signature of the convention, to the vessels, citizens, and sul)jects of the two powers; it being well understood that this agreement is not to be con- strued to the prejudice of any claims which either of the two high contracting ])arties may have to any part of the said country, nor shall it be ta.ken to atfect the claims of any other power or state to any part of the said country, the only object of the high contracting parties in that respect IxMiig to prevent disputes and ditt'erences amongst them- selves.'' On the 6th of October. 1818. fourteen days before the signature of this convention, the settlement at the mouth of Columbia Kiver had >)een formally restored to the United States by order of the British Government. (Message of the President of the United States to the House of Representatives, April 1.5, 1822, p. 13. Letter of Mr. Prevost to the Secretary of State of November 11, 1818.) By the treaty of amity, settlement, and limits between the United States and Spain of February 22, 1819, the Iwundary line between them was fixed at the forty-second degree of latitude, from the source of the Arkansas River to 'the South Sea; bv which treatv the United States a((|uire(l all the rights of Spain north" of that parallel. The right of the United States to the Columbia River and to the intei-ior territory washed l)y its Avaters rests upon its discoverv from the sea and nomination by a citizen of the United States; upon its e.\l)lorati()n to the sea l»y C'aptains Lewis and Clarke; upon the settle- ment of Astoria, made under the protection of the United States, and thus restored to them in isiS; and upon this subsequent acquisition of all the rights of Spain, the only European power who prior to the RELATING TO TRFATY OF 1824. 53 di.srovery of the river had any pretensions to territorial rij^hts on the northwest eoast of America. The waters of the CoUinibia River extend by the Multnomah to the forty-secoiid degree of latitude, where its source approaches within a few miles of those of the Platte and Arkansas, and by Clarke's River to the fiftieth oi- tifty-tirst degree of latitude: thence, descending south- ward, till its sources almost intersect those of the Missouri. To the territory thus watered, and immediately contiguous to the original possessions of the United States, as first bounded l)y the Mis- sissippi, they consider their right to be now established by all the prin- ciples which have ever been applied to European settlements upon the American hemisphere. By the ukase of the Emperor Alexander of the 4th (16th) of Sep- tember, 1821, an exclusive territorial right on the northwest coast of America is asserted as belonging to Russia and as extending from the northern extremity of the continent to latitude .51 , and the navigation and fishery of all othe-r nations are interdicted l)v the same ukase to the extent of one hundred Italian miles from the coast. When Mr. Poletica, the late Russian minister here, was called upon to set forth the grounds of right conformable to the laws of nations which authorized the issuing of this decree, he answered in his letters of February 28 and April 2, 1822, by alleging first discovery, occu- pancy, and uninterrupted jyj-sses.^ion. It appears upon examination that these claims have no foundation in fact. The right of (Jisroi'ei'n on this continent claimable bj^ Russia is reduced to the proba!)ility that in 1741 Captain Tchirikotf saw from the sea the mountain called St. Elias, in about the 51>th degree of north latitude. The Spanish navigators as early as 1582 had discovered as far north as 57^ 30'. As to occupancy. Captain Cook in 1779 had the express declaration of Mr. Ismaelotf, the chief of the Russian settlement atOnalashka, that they l:)U'W hothlnij of the continent in America; and in the Nootka Sound controversy between Spain and Great Britain it is explicitly stated in the Spanish documents that Russia had disclaimed all pretension to interfere with the Spanish exclusive rights to hei/ond Prince Williams Soimd, latitude 61 . No evidence has been exhibited of any Russian settlement on this continent south and east of Prince Williams Sound to this day, with the exception of that in California, made in 1816. It never has been admitted by the various European nations which have formed settlements in this hemisphere that the occupation of an island gave any claim whatever to territorial possessions on the con- tinent to which it was adjoining. The recognized principle has rather been the reverse, as. by the law of nature, islands must be rather con- sidered as appendages to continents than continents to islands. The only color of claim alleged by Mr. Poletica which has an appear- ance of plausibility is that which he asserts as an authentic fact: ''That in 1789 the Spanish packet ^^t. Charles, commanded by Captain Haro, found in the. latitude 48^ and 49^ Russian settlements to the number of eight, consisting, in the whole, of twenty families and 462 individ- uals.'' But more than twenty years since Heurieu had shown, in his introduction to the voyage of Marchaud, that in this statement there was a mistake of at least ten degrees of latitude, and that instead of 48 and 49 it should read .58' and 59-. This is prot)ably not th(> only mistake in the account. It rests altogether upon the credit of two pri- 54 DII'LOMATIC CORRESPONDFJNCE Viitc h'ttfis— Olio wi-ittcn from San Bias and the other from the City of Mi'xico. to Spain— there communicated to a French consul in one of the Sp:uiish ports, and bv him to the French minister of marine. Thev were written in October. ITNS. and August. iTS't. • AVe have seen* that in" ITIK) Kussia explicitly disclaimed interfering Avith the exclusive rights of Spain to Ixri/oHd Prince William's Sound in latitude 01 : and Vancouver, in i7l»4,'was inforinc^d l)y the Russians on the spot that theii- most e'ldcrn settlement there was on Hitchinbrook Island, at Port Etches, which h<(d been estahlished hi the courxeof the jn'to3, Mackenzie reached the shores of the Pacific by land from Canada, in latitude 52^ 21' north, longitude 128^ 2' west of Greenwich. It is stated in the 52d nundierof the Quarterly Review, in the article upon Kotzebue's voyage, "that the whole country, from latitude 50- 30' to the boundary of the United States, in latitude 48- or thereabouts, is now and has long been in the actual possession of the British North- west Company; '" that this company have a post on the borders of a river in latitude 54 30' north, longitude 125 west, and that in latitude 55^ 15' noi'th. longitude 121f- 44' west, '"by this time (March, 1822) the I'nited Company of the Northwest and Hudson's Bay have, in all probability, formed an establishment."' It is not imagina))le that, in the present condition of the world, any European nation should entertain the project of settling a colony on the northwest coast of America. That the United States should form estal)lishments there, with views of absolute territorial right and inland conmnmication, is not onh' to be expected, but is pointed out by the tingei' of nature, and has been for many years a sul)ject of serious d(dil>e ration in Congress. A plan has for several sessions been before them for establishing a territorial government on the boi-ders of the Columl>ia River. It will undoubtedly be resumed at thcii- next session, and even if then again postponed there cannot be a doul)t that in the course of a verv few years it nmst be carried into etfecy As yet, however, the only useful purpose to which the northwest coast of America has been or can be made subservient to the settle- ments of civilized men are the tisheries on its adjoining seas and trade with the aboriginal iidiat)itants of the country. These have hitherto ))e('n enjoyed in common by the people of th*e United States, and l)y the liritish and Russian nations. The Spanish. Portuguese, and French nations have also participated in tluMn hith(M-to, without other annoy- ance than that which resulted from the exclusive territorial claims of Spain, so long as they were insisted on by her. The United States and (Jreat Britain haVe both protested against the Russian imperial ukase of September 4 (10), 1.S21. At the proposal of the Russian (ioveinment, a full power and instructions are now trans- mitted to Mr. Middleton. for the adjustment, by amicable negotiation, of the coiiHicting claims of the parties on this subject. RELATING TO TREATY OF 1S24, 55 We have been int'onned l)y the Baron de Tuyll that :i similar author- ity has been given on the part of the British CTOvernnient to Sir Charles Bagot. Previous to the restoration of the settlement at the mouth of Colum- bia River in 1S18. and again upon the first introduction in Congi-ess of the plan for constituting a Territorial government there, some disposi- tion was manifested by Sir Charles Bagot and t)y ]\Ir. Canning to dis- pute the i'i(fht of the Cnited States to that establishment, and some vague intimation was given of British claims on the northwest coast. The restoration of the place and the convention of 1818 were considered as a final disposal of Mr. Bagot's objections, and INIr. Canning declined committing to paper those which he had intimated in conversation. The dis(!ussion of the Russian pretensions in the negotiation now proposed necessarily involves the interests of the three powers, and renders it manifestly proper that the United States and Great Britain should come to a mutual understanding with respect to tJuir rvxjiective pretensions, as well as upon their joint views with reference to those of Russia. Copies of the instructions to ^Ir. ]\liddleton are, therefore, herewith transmitted to you. and the President wishes you to confer freely with the British Government on the subject. The principles settled by the Nootka Sound convention of October 28, 1790, were— 1st. That the rights of fishery in the South Seas, of trading with the natives of the northwest coast of America, and of making settlements on the coasts itself for the purpose of that trade, north of the actual settlements of Spain, were conmion to all the European nations, and of course to the United States. 2d. That so far as the actual settlements of Spain had extended, she possessed the exclusive rights, territorial, and of navigation and fishery, extending to the distance of ten miles from the coasts. so acixal/i/ occnp'ied. 3d. That on the coasts of Sonili America^ and the adjacent islands sontJi of the parts already occupied by Spain, no settlement should thereafter be made either by British or Spanish subjects, but on l)oth sides should be retained the liberty of landing.' and of erecting tem- porary buildings for the purposes of the fishei'v. These rights were also, of course, enjoyed by the people of the United States. The exclusive rights of Spain to any part of the American continents have ceased. That portion of the convention, therefore, which recog- nizes the exclusive colonial rights of Spain on these continents, though confirmed as between Great Britain and Spain, by the first additional article to the treaty of the 5th of July. 1814, has been (Extinguished by the fact of the independence of the South American nations and of Mexico.' Those independent nations will possess the rights incident to that condition, and their teriitories will of course be subject to no exdn-slrt right of navigation in their vicinity, or of access to them by any foreign nation. A necessary consequence of this state of things will be that the Ameri- can continents henceforth will no longer be subjects of colonization. Occupied by civilized independent nations, they will be accessible to Europeans and to each other on that footing alone, and the Pacific Ocean in every part of it will remain open to the navigation of all nations, in like manner with the Atlantic. 50 DIPLOMATIC CORRESPONDENCE Incidental to the condition of national independence and sovereignty, the rights of anterior navigation of their rivers will belong to each of the American nations within its own territories. Tlie application of colonial principles of exclusion, therefore, can not he admitted l)y the Ignited States as lawful upon any part of the northwest coast of Amei'ica. or as belonging to any European nation. Tlieir own settlements there, when organized as territorial govern- ments, will be adai)ted to the freedom of their own institutions and, as constituent parts of tlie Union, be subject to tlie principles and pro- visions of tiieir constitutions. The right of carrving on trade with tlie natives ihroughout the northwest coast the}' can not renounce. With the Russian settlements at Kodiac. or at New Archangel, they may fairly claim the advantage of a free trad(>. having so long enjoyed it unmolested, and l)ecause it has I)cen and would continue to l)e as advantageous at least to those settlements as to them. But they will not contest the right of Russia to prohibit the traffic, as strictly contined to the Russian settlement itself, and not extending to the original natives of the coast. If the British Northwest and Hudson's Bay Companies have any posts on the coast, as suggested in the article of the Quarterly Review above cited, the third article of the convention of October i2(), 1818, is applicable to th^m. Mr. Middleton is authorized by his instructions to propose an article of similar import, to be inserted in a joint con- vention between the United States. Great Britain, and Russia, for a term of ten years from its signature. You are authorized to make th(» same proposal to the P>ritish (xovernment, and, with a view to draw a detinite iuw of demarcation for the future, to stipulate that no set tiemcut shall hereafter be made on the northwest coast or any of the islands tiiei-cto adjoining l)y Russian subjects south of latitude 55^, by citizens of the United States north of latitude 51^, or by British sub- jects cither south of 51- or north of 55-^. I mention the latitude of 51- as the bound within which we are willing- to limit the future set- tlement of the United States because it is not to be doubted that the C'oluml»ia River branches as far north as 51-, although it is most prob- ably not the Taconesche Tesse of Mackenzie. As, however, the line alrcadv runs in latitude 49^ to the Stony Mountains, should it be earn- estly insisted u))on by (ireat Britain, we will consent to carry it in continuance on the same ])arallel to the sea. Copies of this instruction will likewise be forwarded to Mr. Middleton, with whom you will freely, but cautiously, correspond on this su])ject, as well as in rela- tion to your negotiation respecting the suppression of the slave trade. 1 have the honor to be, with great respect, sir. vour verv humble, obedient servant, John QuiNCY Auams. J//'. Mkldhtoii to Mr. Adaiits. ^O; 2^-1 St. Petersburg, Sejyfeiuhtr 19, 18'23. Siu: I have the honoi- to acquaint vou that Count Nesselrode, on the morning of the day in which he left St. Petersburg- for Odessa, addressed me the note of which copv is herewith sent. He mentioned to me M.me days previously having had advices from Baron Tuyll, RELATING TO TREATY OF 1824. 57 intiniatino- that the iicjiotiation upon the 8u))je("t of the ukase of Sep- tenilxn- 4 (!♦)), ISiil, would be tiansferred to this phice. Sir C'harU^s Bajiot likewise has eonuniiuicated to me instructions he has received from his (Jovernment, in which ajotni neg-otiation appears to be in contemplation of the British minister. Sir Charles at the same time informed me that Mr. Canning eagerly caught at the proposition pf jNIr. Rush going to that effect; and that instructions from you, cor- relative to those of the British Government, would undoubtedly be sent me. I have told him that I do not as yet know any tiling of the intentions of my (Tovernment upon that head, having received no dispatch from the Department of State later than that In'ought by Mr. Pinkney. Upon Sir Charles's expressing his wish to be informed respecting the actual state of the northirext c(uestion between the United States and Russia, so far as it might be known to me, I saw no objection to making a vonfidentiaJ communication to him of the note of Count Nesselrode, dated August 1, 1822, by which, in fact, staying- the execution of the ukase above mentioned, Russia has virtually a))andoned the pretensions therein advanced. I learned in this conver- sation with the British ambassador that up to that time he had done nothing upon the subject further than telling Count Nesselrode that Great Britain would probably at some future day feel obliged to object to some of the provisions of this ukase. The replv made to him was that in such case the matter must be made the subject of a negotiation. 1 am in daily expectation of learning what arrangements the Presi- dent may have been pleased to direct. Mr. Poletica, who is charged by the Imperial Government with the lalioring oai" upon this occasion, is not unfrequently in(|uiring whether there are yet any instructions received which might authorize the conferences invited ])y Count Nesselrode. I have the honor to be, sir, ver}" faithfully, your obedient servant, Henry Middleton. [Inclosure to No. 29. — Translation.] Count Nesselrode to Mr. Middleton. St. Petersbceg, Augustus, 182S. Sir: On quitting St. Petersburg the Emperor charged me to announce to you that as he had given me orders to follow him on his journey he had authorized Mr. Pole- tica, actual counsellor of state, to begin with you, sir, the conferences relative to the differences which have arisen lietween Russia and the United States in consequence of the new regulation given to the Russian American Comi>any by the ukase of his Imi)erial 3Iajesty dated September 4 (IH), 1821. These conferences will have for their aim to prepare the way for the definitive adjustment of these differences, and I doubt not they will facilitate this result so eagerly desired by the Emperor. I seize with pleasure the occasion which is offered to me of repeating to you, sir, the assurance of my most distinguished consideration. Xesselrode. Extract of a letter from 2L\ 2[!ddleton to 2fi\ Adams. No. 32.] St. Petersburg, Novtijd>tr 1 {13), 1823. Shoi'tly after the receipt of the instructions contained in No. IH I had several conferences with Mr. Poletica, as well as with Sir Charles 58 DIPLOMATIC CORRESPONDENCE Buifot. upon the .-subject rctVi-red to in that despatch. I found that the'^tirst named of the.se gentlemen had no powers to co;^tter prospect of success. Sir Charles, upon referring to his full powei'. of which a copy is herewith sent, discovered that it had only relation to the maritime question. It became neces- sarv, then, to remedy this before he could proceed in the business; and accordingly a special messenger was despatched by him for the purpose of obtaining the requisite full powers. I availed myself of the circumstances to decline further conference with Mr. de Poletica, and all i)r()ceedings remain suspended until an answer to Sir Charles's despatches can be received, which may be expected al)Out the middle of becember. 1 am hopeful, from the conversations I have had with him. that a perfect understanding respecting the common objects desiral)le to be attained l)v the two countries in this negotiation will be etiected through him. In the meantime I have prepared a confi- dential memoir upon the Northwest question, to ])e ready against the return of the Emperor. Extract of a lttt< i- froui J/r. Jfi'ddleto?i to Mr. Adams. So. 33. J St. Petersburg, Dea-mher 1 {IS). 1823. I have prej)ared. and shall deliver in on the lirst tit occasion, for His Imperial Majesty's inspection, a confidential memoir on the Northwest /). The subject nuist l)e trite to you: but I have found here that it is indispensable to make some statement of facts and principles in this case before 1 can proceed further in the negotiation. I hope you will approve of the course I am pursuing and that you will tind that 1 have stated cor- rectly both facts and pi-inci])les. I felt it to be necessary to broach the sul)ject in this mode. Ivuowing the erroneous impressions which prevail. I have now great hopes, notwithstanding the unfavorable appearances which this atiair has worn for a few weeks past, that it may take a new turn and that I may yet be enal)led to succeed in attaining the main objects of the negotiation. Sir Charles Bagot is now daily expecting the return of his messenger with new powers and instructions respecting the same matters. I mentioned in my last, and I now repeat, that I have a reasonal)le expectation that he will be instructed to pursue the course of policy so obviously pointed out by the true interests of England and suggested by a sense of the pi-opriety of thiru/ con.siste/d, and of persevei'lng in the i)rinciples which marked the Xootka Sound contestation. Neither he nor I foresee any ditKculty in reconciling and adjusting the interests of (Mil- i-espective countries upon this question. RELATING 1() TREATY OF 1824. - 59 I IiU'losure to No. 33. — Translation.] CONFIDENTIAL MEMORIAL. "Great men never fear The truth, and wish nothing to be concealed from them.'— t .V( h/c>(/(/(Vm.) OhseiTciiions upon the riglit.^ and chiiuifi of Spai)), of Riiiixin, of England, and of the tinted ' iStates, relatUc to the vrM count of XortJi America; and n pan the 7t lease of September 4: (Id), 1821. The part of the New World f^ituated towards the north of the great ocean has been explored and known very much later than any other iinrtion of the same continent in the torrid and tetnperate zones, by reason of its greater distance from Europe, whose navigators can only arrive thither by doubling Cape Horn or that of the Good Hope. Yet Spain, about the end of the sixteenth century, and in the course of the seven- teenth, had pushed her discoveries even in these remote regions; and already, in 1692, claimed the exclusive property of the coasts which she had there discovered, in virtue of grants made by an authority respected at the time, and wdiich continued to be so until she acquired the right of jirescription over these possessions. About this last time, but a little later, in 1697, the Russians penetrated by Siberia as far as Kamtschatka; and from thence, embarking at the ports of ()khotsk and Avatcha, between the years ITlOand 1741, they pushed their discoveries in the north- ern latitudes of the great ocean. From these discoveries Russia derives her rights to that long chain of islands intervening between the western and theeastei'ii continents, and even to a very considerable portion of the continent of America — rights which have never been contested. Although the navigators of England, from Drake, in 1578, to Cook and Vancouver — that is, for more than two centuries — had frequently visited these coasts, either to make discoveries there or for trade, yet she never announced having any pretensions there whatever until in the year 1790, when a very sharp dispute broke out with Spain relative to Nootka Sound. The summary of what passed between the courts of England, Spain, and Russia at the time of the discussion of that question may serve to throw light upon the respec- tive ])retensions of these powers. This difference arose from the seizure of an English vessel from Macao to trade for peltries. After the discoveries of Cook, in 1778, Nootka began to be considered as the principal market for furs of the northwest coast of America, and the enormous profits of this trade had, after some time, brought thither a great numl;er of Euro- jiean and American navigators. The court of Madrid, fearing le.st the English or Russians should attempt to fix themselves at Xootka, had given order to form an establishment there. ]\lr. Marti- nez, charged with that onler, arrived in this port on the 5th of May, 1789. He found there in fact one English ship, one Portuguese, and two American. He seized all four. Two months after the English ship Argonaut arrived, umler the conunand of Captain ( 'olnet. He imparted to the Spanish commander the order of his (lovern- nient, of which he was the Itearer, to estaljlish a factory at that place, and there to build a frigate and a schooner, in order henceforth to prevent every other European nation from taking part in the fur trade. , ^Martinez represented in vain that, long before Cook, Perez had first ancho.-ed in this i>ort. The dispute grew warm between the two officers, and Martinez, to make good his title of priority, I'aused to be arrested Colnet, and sent him ]>risoner to San Bias. It is unnecessary to the object of these oV)servations to pursue the di.'^cussion which took place between the courts of London and Madrid in consecpience of the act of ^Martinez. It will be sufHcient to refer to note ('0 for some particulars of this rubject and to cite here the letter of Count Fernan Munez to M. de ^Montmorin, secretary of the department of foreign affairs of France, under date of June 15, 1790: "1 have the honor of addressing to you below a faithful extract of all the transac- tions l)etween my court and that of London on the subject of the detention of two English ships, which were seize!ty review of the discoveries of Russia in the EaMcnt Ocean "as to them, and, for tiiis purpose, let us refer to note d, \vAri\y extracted from the work of M. Levesijue. It appears by this extract that Behring and Tschirikoff are the onlv Russian navi- gators who touched at the continent of America, on this side of the 60th degree, pre- vious to the year 1790; and it is even on this sole circumstance that a foundation was niai Sp.ain as far as tlie other side of Prince Williani's Sound, in the lutitude (il deyfrees. It can scarcely, then, l)e necessary to lay more stress upon tlie tritlinu' importance of the alleged circumstance. It apiiears tliat Tschirikofi" never landed, but having api)roached the coast without knowing if it were the continent or an island, and having successively sent his long boat, and then his cano?, he lost both, together with the men who were in them, whom he believed to be mas.sacred l)y the natives of the country, and then he returned to Kamtschatka. Behring, on his part, discovered and examined the bay (strait) which bears his name. I'ajitain Vancouver learned, in 1794, from tlie Russians themselves, uiton the si)ot, that their most easterly establi.-hment wa- then at port P>hes, in irnirh'iu Brook island ( Tcluitclui island of the Russians, and MoijiJoleiui of the Spaniards, in latitude 60° 25^), where thn- were estalilished the jireceding summer, and that tJic coutiuent in the vicinity of that place was barren and tiiilnJiohitrO. From these" facts, incontestibly proved by historical documents, an irresistible con- clusion follows, which agrees with the declaration of Russia in 1790; and it ought to appear definitive that she had no right to claim, either under the title of discovery or of possession, on tJie continent east or south of Behring's Strait, about the 60th degree of north latitude. Moreover, the note [e] on the diplomatic communications between the Govern- ment of the United States and Russia, fin this subject, will make known what were the ideas of the Imperial minister during the year ISIO. It will be perceived, by the recital of what passed in the conferences of Sejjtember and (;)ctober of that year, that the Imperial (i )vernment was then undecidel what side it should have taken defini- tively, for foreign commerce, on the northwest coast, either Russian or Spanish, of North America. It will also be remarked that the (xovernment of the United States had, till then, principally insisted on the difficulty of pronouncing in a case where Spain ought to have claims. This scruple proves, at least, how attentive it was not to do prejudice to the right of a third. In expH't-ition of the decision which thus remained in suspense the commerce of the United States increased very considerably in these latitudes. It is easy to prove, even by the authority of Russian voyagers, what the extent of this commerce was. Among others, M. Lisianski had remarked, from the year 1804, that the Russians could collect as many as eight thousand otters' skins annually, in the bay of Sitka, if they had the means of excluding the Americans from this trade, whilst at that time they only took from thence about three thousand. (See page 236, English edition.) It will be sufficient to add that in the last years there has been sent from the ports of the United States, in the season for trade on the not th west coast, as many as sev- enteen merchant vessels, which are for the most part in the habit of trading in China with the cargoes which they obtain on this coast and in the islands of the Pacific Ocean. It is now time to consider what can be the foundations of the territorial claims of the United States of America upon the northwest coast of their continent. Their bordering i)osition to one part of that coast gives them a much greater importance for themselves than for any of the powers of Europe. The territory situated west of the ancient provinces of the United States presents to them contiguity of possessions from the Atlantic to the Pacific Ocean, and will afford their inhal)itants the means of establishing communications of internal navigation from the one sea to the other. The two shi]is which had lieen seized 1)y ^Martinez were released by him to con- tinue the navigation which they had attemjited around the gloV)e. During this voyage the sloop Columbia anchored the first in a great river, which had been but imperfectly discovered by Quadra, and which Vancouver was unable to find again, but which is since known under the name of Colinnbia. An establishment has beeii since formed at its mouth, under the protection of the United States, whose Government has also sent l)y land for the same destination a military expedition under the command of Captains Lewis and Clarke. These officers have visited and exploreil the country surrounding this river and its tributaries, and have published a chorographical account of it. During the last war between the United States and Great Britain the fort situated at the mouth of the river was given up to the English, but they afterwards restored it to the United States, under the stipulation of the first article of the treaty of peace. To the rights acrpiired by that possession, situated on the coast of the continent under 46° 15^ of north latitude, and contiguous to their ancient territory, the United States have joined those which they derive from the treaty of limits with Spain, signed at AVashington, February 22, 1819. By the third article of this treaty His (;2 DIPLOMATIC CORRESPONDENCE Catlinlii- Maji'stv ceiU's to the Uniteil States all his ri^ihti^, clainis, and in-eteiisions to the territDi-ies situated to tlie north of the 42d parallel of latitude, from the source of the river Arkansas to the great ocean. It may he us»'fui to remark here that the estahlishment at Nootka has l)een aban- doned hoth hv Spain and hy Knglaml; and that it appears i)rol)able that these two nations have not now any p(issesere(l and fornled an establishment in the limits marked out by the ukase of 1799. It had, however, never jiretended to exclude other nations from a commerce sharetl with tliein for so long a ti-me; but it saw with jealousy its ]>rotits diminished bv this rivalshij). In fine, it took a violent part, and at length obtained liy its solicita- tions the ukase of 4th { KJth ) 8eptend)er, LS2I. In speaking of this measure, we shall make it our business to say nothing Imt what a[)iiears strictly necessary to set it in its true light, convinced, as we are, that the enlightened (Tovermnent from whence it emanates will listen with good will to observations conceived with the intention of ol)taining nothing but wliat is just in it.self and useful to all interesteil. The ukase, by its first three articles, under the form of a grant to a private associa- tion, presupi)oses the existence of exclusive territorial rights (a pretensiihts to the distance of a hundred miles from the coasts upon two opposite continents, and the ]Mohibition of approaching to the same dis- tance from these coasts, or from those of all the intervening: islands, are iiniovations in the law of nations and measures unexampled. It must thus be imagined that this prohibition, bearing the pains of confiscation, applies to a long line of coasts, with the intermediate islands, situated in vast seas, where the navigation is subject to innumerable and unknown ditiiculties, and where the chief emi>loyment, which is the whale fishery, cannot be compatible with a regulated and well-determined course. (See note (j. ) The right cannot be denied of shutting a port, a sea, or even an entire country against foreign commerce in some particular cases. But the exercise of such a right, unless in the case of a colonial system already established, or for some other special object, would be exposed to an unfavorable interpretation, as being contrary to the liberal spirit of modern times, wherein we look for the bomls of amity and of recip- rocal commerce among all nations being more closely cemented. Universal usage, which has obtainetl tlie force of law, has established for all the coasts an accessory limit of a moderate distance, which is sufficient for the security of the country and for the convenience of its inhabitants, but which lays no restraint upon the universal rights of nations nor upon the freedom of commerce and of navi- gation. (See Vattel, B. I, chap. 2.3, sec. 289. ) In the case where this territorial limit would be insufficient, it is always allowable to make to it the augmentations which may he desired, by the way of diplomacy, in concluding treaties with the nations tliat might be found interested in it, the only means of reconciling them to the species of constraint which must necessarily result in this case to the maritime powers. The only object of these observations is to induce a reconsideration of all this ques- tion, in general, on the part of the Russian Government, whose just and reasonable disi)Osition can not l)e doul)ted, and to prevail upon it to ado])t the measures which its wisdom shall point out to it as most proper to mitigate the inconveniences which arise to foreign nations from the decree on the privileges of the Russian American Company. NOTE (e).<^ Abstract of diplomatic communications betn-een the United States and Busfia on the sidjject of the trade of tlie northuest coast. Count Romanzoff, minister of foreign affairs and of commerce, acquainted the charge d'affaires of the Ignited States at St. Petersburg, in the year 1808, "that the American Company had represented to him that the ships of the United States, instead of trading with the Russian jjo.'^sessions in America, went thither to carry on a clan- destine traffic with the savages, to whom they furnished, in exchange for otters' skins, lirearms and powder, the use of which, till then unknown to these islanders, had been in their hands very hurtful to the subjects of His Imperial Majesty; and that the cit- izens of the United States had become themselves the victims of the imprudent spec- ulation of their countrymen." (His excellency doubtless meant to speak of the destruction of the Russian fort at Sitka, in 1801, of which Mr. Lisianski gives the account in his voyage from 1803 to 1806.) His excellency recpiests the charge d'affaires to make known these establisJied fads to his (xovernment and to call its serious attention to them, adding "that the care it takes of becoming distinguished by the scrupulous combination of its interests with those of other powers, and its respect for the law of nations, excite the hope that this illicit traffic will meet with its disapprobation, and that rigid orders will put a stop to it." The charge d'affaires of America, in acknowledging the receij^t of this note, prom- ised to convey information of the reclamation to his Government. Mr. Daschkoff, charge d'affaires of His Imperial Majesty, renewed, under date of January 4, 1810, the same representation to the Government of the United States at Washington; and he proposed as a remedy the medium of a regulation of the Gov- ernment of the United States which should forbid to their citizens all commerce with the natives of the northwest coast of America, and which should confine them to trade with the Russian factories in the said latitudes; in a word, he solicited a law of the United States, or a convention between the two Governments, to declare all com- merce with the natives of the country to be contraband. This negotiation was put off to another time, Mr. Daschkoff not being authorized to fix a latitude which might serve as a line of demarkation to American vessels that might trade on these coasts; "See American State Papers, Foreign Relations, Vol. V, pp. 453-457, for notes omitted. 64 DIPLOMATIC CORRESPONDENCE an.l it aj>i)ear.* Ity his letter of April 24, 1810, that he "was under the necessity of waitin;,' a,« lonj: as" lie couM to receive correct information nf the grographical situation of the Russian fstal)Hshineiits." The (ioveriuueut of the United States answered hiui, under date ot May 5, 1810, that it would afford the President the utmost satisfartion to come to an equital)le arranjiemeut for the counuerce of the United States witli the nati.-es in the Russian estiihfishments; l»nt that, tlie instructions of Mr. Daschkoff not havino; authorized him to tix a jirecise line of demarkation, the definitive arrangement of this question was not at present possible; but that if this obstacle were even removed l)y the full powers of his Government, others of a very delicate nature would present themselves to it. That on the supposition that the natives of the country should be found under the jurisdiction of Russia, the United States would have only to abandon their merchants to the penalties incurred by tliose who carry on a contraband trade in a foreign jurisdiction; that if, on the contrary, the natives ought to be regarded as independ- ent tribes, Russia could not prohibit foreigners from trading with them, unless in contraband of war and in time of war, in which case she can herself put in execu- tion the prohibition on the open sea. The same rule may l)e applicable if the natives are considered as rebels or insur- gents against the authority of Russia. Uonsidering the subject in this point of view, it would be ditiicult for tlie United States, notwithstanding their constant desire of giving proofs of their friendship and of their respect toward his Imperial Majesty, to receive this ]iroposition by recognizing such a state of things, since, in pronounc- ing upon opposite pretensions, they might expose themselves with Spain, whose rights upon the northwest coast of America extended to the south of the establish- ments of Russia; and, in fine, that if such an arrangement should be proposed to Congress it would still want there the basis of reciprocity. In expressing the senti- ments of the (Jov.'rnment of the United States, the Secretary of State added the expression of the desire that it might l)e found conformable to the benevolent and magnanim )us intentions of His Imperial Majesty to favor the commerce of the United States, as well with the natives of the country as with the Russian establishments in these latitudes, in all the objects which may not be of a nature to be prejudicial to either. In the month of Septend)er, 1810, his excellency Count Romanzoff, in a conference with Mr. Adams, nnnister of the United States at St. Petersburg, explained to him his ideas on the commerce of the northwest coast of America. His excellency observed that Russia had establishments on this coast from which a very advantageous trade with China nnght Ite carried on; that the Imperial Government liad sent thither two ships, under the connnand of Captain Krusenstern, who had proceeded from thence to China; that, although the port of Canton be open to all the Eurojiean nations, the Chinese had refused to adnnt the ship of Captain Krusenstern, under the pretext that the Rui-sians had for a long time enjoyed the advantage of an exclusive ])rivilege of trade by land at Kiachta, and that they were pursuaded that if the Rus>ians had had the intention of changing the route of their trade they would have mentioned it lieforehand. Count Romanzoff wished, for these reasons, that the trade of the Russian establishments in these parts with China might be carried on by the intervention of American sliips; and as these establishments were in the vicinity of the natives of the country, a race of men ferocious and dangerous, he thought an arrangement po.ssible with the United States by which they might enjoy the trade of the establishments, under the restriction of" not furnishing arms and munitions of war to the natives in the neighljorhood of these establishments. l>on Mr. Adams ol)serving that he woidd wish to know what were the limits in which the restriction would ojierate, his excellencv replied tliat this point required delii.eration, Imt that the Ru.ssiau charts represented the whole coast to the mouth of Cohnnbia River as com])rehendeil in their possessions. In a second conference, in the month of October following, Mr. Adams mentioned ni detail the difiiculties which opposed an arrangement of the nature of that which his excellency the minister of trade wished, who finallv ap])eared to agree that reci- procity, at least, was wanting to the restrictions which were demaiided; and as to what regards the i)rivilege granted for them, namelv, the trade witli the Russian establishments, it was evident that jt aid, in fact, alreadv exist (and it mav lie added, by way of parenthesis, that it was a trade without wliicli the verv existence of the Russian cfdonies had been often exjiosed). r.esides, his excellency has not raised objections to the continuation of tlie trade of American ves.sels with the coa.«ts in the neighborhood of the Russian establishments; he had even declared that this commerce was open to all friendly nations; he had only iiisiste; but that, in fixing upon this line as regarded Russia, it was not the intention of the United States to deprive them- selves of the right of traffic with the natives above it and still less to concede to that })ower any system of colonial exclusion above it. Such was the geneial character of my remarks which Mr. Canning- said he would take into due consideration. In conclusion I said to him that I should reserve myself for the negotiation itself for such further elucidations of the sul)iect as might tend to show the justice and rea- sonableness of our propositions. I have the honor to be, etc., Hon. doiiN QuiNCY Adams, Sec)'<'t((rj/ of State. Richard Rush. Mr. liii.sJi ill 2li\ uldif/iis. ^'"- 3.jS.] London, Jmnuiry 19, ]S2J^. Sir: It was an omission in me not to have stated in my connnunica- tion of the 6th instant what are to be the claims of Great Britain on the northwest coast of America, though as vet Mr. Canning has not made them known to me formally. She will claim. I understand, to a point northwards above 55^, though RELATING To TREAT!' OF 1824. 67 how much above it I am not al)le to say, and southwards as h)w down as 45>^. Whether she desig-ns to push a ehiim to the whole of this space with earnestness I am also unal)le as yet to say, Init wait the more full and accurate disclosure of her views. To a portion of it she will certainly assert her title with great confidence, and she will be chieU}' tenacious of the right which she will allege to settle or colo- nize after her own plans, now or in future, all such parts of that coast, out of the admitted boundaries of other nations, as she can make good her title to. She will regard as alike open (standing upon the question of right) to her future settlements or colonization any part of the North Amer- ican continent, however minute, on the eastern coast, northern coast, or elsewhere, heretofore luidiscovered and unsettled l)y other powers, and which she has recently explored, or may for the future explore and settle, through her expeditions under Farry and Franklin, or others that she may tit out by land or water. I need scarcely subjoin that I shall resist her claims under the lights that 3"0ur instructions ati'ord me and such others as I may be able to command; that 1 shall allege and endeavor to prove, from treaties and other sources, that the true sovereignty over the whole of that coast from the -i^d to the 01st or 60th degree of north latitude is now vested in the United States; and that, consequently, if the United States are willing to leave to Great Britain her present actual settleirients there between .55"^ and 51-, it is as much as the latter power can reasonably ask. Nevertheless, if the Fresident should think that, as connected with an}' part of this subject, further instructions might prove useful to me, I ])eg to repeat that I should be thankful to receive them from you, taking the chance of their still getting to hand before the negotiation, not yet begun, shall rinally close. I have the honor to remain, &c.. &c., &c., Richard Rush. Hon. »IoHN QuiNCY Adams, Secretamj of State. E.rtraets of a Idtrr from 21r. Mkldleton to Mr. A(larn><. No, 34.] February 5, (17,) 1S24. Sir Charles Bagot not having received any instructions from his court in relation to the Northwest question up to the middle of Decem- ber last. 1 was unwilling to lose anj' further time, and took occasion (as I informed you in my last it was ni}- intention to do), from Count Nesselrode having expressed an opinion to me, '' qu'il y avoit beaucoup de vague dans toute cette question," to assure him that it was far other- wise, and to request him to receive for his own and for the Emperor's perusal the Corf dent hij Jfeinoridf of w'hich I forwarded you the first sketch with my num))er 33. This was put into his hand on the 17th I)eceml)er, and will have changed. 1 hope, some of the views enter- tained up to that time. I think it must appear clearly to all who exam- ine the subject that the acts of this Government in relation to the Northwest coast have originated in errors of fact and of theory. I have wnthin these few days past been notified by Sir Charles Bagot that it is the intention of Great Britain to proceed separately in re la- 68 DIPLOMATIC CORRESPONDENCE tion to this interest. I shall abstain from making any remark ;it pres- ent u])on this very unexpected turn in the atlair, but lam hopeful that the Imperial Government will now proceed in the negotiation without further tielav. as it has always professed its readiness to do. J//'. MiddhUm to J//'. Adams. Pkivate.] St. Petersburg, 2otIi Fthy. {0. S.),1S34. Sir: You will have learnt from Mr. Knsh that England has declined treating here conjointly with us in relation to this interest. He informed me of it l)y a letter under date of yth January, which was not received by me'until the 9th instant (N. S.). He states in the same that Mr. Canning intimated to him that Sir Charles Bagot had onlv paused under /nij .- by the striking ditierence of views it indi- cattnl between thos(> whose interest in this matter might have ])een considerc'd until then almost identical. It was to be supposed that Russia would avail herself of the circumstance to hold out longer in pretensions which were not now jolitth/ resisted. 1 have reason to believe, too. that insinuations were not wanting to put the most un- favorable construction upon the doctrine we had advanced and to make it appear as peculiarly directed against Russia. 1 have been at considerable pains in endeavoring to eliace all impressions of that kind, and I let it be distinctly understood that 1 should protest in the strongest terms against any didimitation of territory without the par- ticii)ati()n of the United States. 1 have the satisfaction to say that our negotiations eonnneiiced on the Hth instant (O. S.), since which we have had only two more conferences. I shall not have time to give any details by the courrier now about to depart, but I may say that I begin to see a flattering prospect of succeeding nearly as well vnthord as we should properly have done ir,f], the assistance of our friends beyond Channel. On the whole I hav«' much reason to be satisfied with the good will and moderation RELATING TO TREATY OF 1824. 69 evinced towards us by this Govt., notwithstanding- the verv opposing attitudes in which we are politically placed. It may be that our frank and consistent conduct inspires respect, but our in riiicex."' it may well be understood irhij I was Avell pleased to avail myself of Sir Charles' want of powders, to decline continuing a negotia- tion which could conclude nothing. 1 then waited patiently until the return of the Emperor: but linding, in the middle of December, that Sir Charles" instructions were not forthcoming, and being unwilling to lose any further time, I took occasion, from Count Xesselrode's telling- me in conversation upon the subject of the northwest coast question, * ■•■ * to beg to otter to his perusal and that of the Emperor a confi- dential memoir I had drawn up, a copy of which (in the form in which it was presented) I now forward. (See bo'>k lettered A.) I then waited anxiously the news we were to have from London. Great, iii'lecd was my sui-prise when, on the 0th of Fe))riiarv (N. S.), 1 received Mr. Hush's letter, dated Jaiuuiry It. (See papers lettered h andr.) Mr. Rush therein states that Mr. Canning had intimated to him that Sir Charles P):igot had oidy jhuishI nmhr un/ .s,iposing that England, for hers^elf, renounced the rights which the com- munity of the waters which wash these shores gives her, this renunciation can in no way prejudice the rights of others. Thus, in spite of her renunciation, these seas would remain tree to all other nations, for a convention between two nations which stipulate their interests according to their own good pleasure can not have any effect either on the principles of the law of nations or on the rights of other nations. It will be found, then, that when our citizens go to traffic in the latitudes of the great Northern C)cean the Russians can not oppose to them In a raliiJ iiuinvcr the convention concluded with Great Britain. The compact with this power would only prove that there liad been a dispute and that the two contracting powers had made an arrange- ment in this regard, etc. Such was the general reasoning I used; and shortly after the cii'cum- stance of England having determined to treat separately was known here, I received permission to see Count Nesselrode officially, and he invited me by note, under date of February 6 (O. S.), stating the fact as coumuuiicated to him by the British ambassador, of his Government having determined to act ■•<, at eight o'clock in the evening. He opened the business of the northwest coast negotiation ]>y declaring that he l)elieved it would be ttest for us to waive all discussion upon a1)stract principles of /■/'(//if and upon the actual state oi facts:,, and that we must 72 DIPLOMATIC CORRESPONDENCE eiuleinor to sottk' tlie ditiVicnce which had arisen between our Govern- nient.s "on the basis whicii niioht be found most conformable to our IK lit mil 1 II f< rests.'' In answer. 1 stated that I was perfect!}^ ready to accede to the course proposed by him, although I felt confident that the United States had nothing to apprehend from the strictest exami- nation into their claims and pretensions, but that I must reserve to myself the right, which he would also of course retain on his part, of invoking, occasionally, such principles of national law and of alleging .such facts as we might, respectivcdy, deem necessary to the defence of the rights and interests of either party. He then in(|uired whether I had prepared any j)i'oJef of convention for the settlement of the disputed points in this question. 1 placed under his eye the two drafts of which the copies herewith sent are let- tered I) and E. (See th^ documents. ) He promised that these papers .should be submitted to the Emperor at an early day. and we parted with an understanding tiiat he would give me notice when I could again [see] him upon the same business. SECOND CONFERENCE. Ha\ing received an invitation from Count Nesselrode. I waited on him on \Vedn(\sday. February 20, at one o'clock p. m. I found Mr. Poletica with the Count, and a I'cxci'ipt from the Emperor to these gentlemen was exhibitt'd to me. empowering them to treat and adjust a settlement of the ditierences Avhich had arisen in conse(p;ence of His Majesty's ukase of Septem])er \ (1(!). 1821. (See paper lettered f.) 1 exhibited to them my power from the President of the United States to the same effect, and we exchanged copies of the same. Some informal talk then arose respecting the general merits of the (piestion we had in hand. I shall give a very short statement upon this head, >)ecause, according to previous understanding with Count Nesselrode, who took no part in it. all discussion of this nature was i>rli'((fr and I'.drii ii-ffir'nij. I shall usi> the language in which we spoke. M. de Poletica, among other things, has afhrmed that the pretended declaration of Kussia. in the dispute between Spain and England on the subject of Xootka. is only a gratuitous assertion on the part of Spain. It was answer^'d that this assertion, made in the face of Europe, had not been denied at the time by Russia, and that from that it is to be concluded to be well founded until the proofs of the contrary were pi'oduced. M. de Poletica has also pretended that the convention of iSllt only <.-edes to the United States the rights and i)retensions of Spain to the territories f<, th>i'ii> thf norf/i of the bouiuhiry line (which would, in etfect. be the ])ositi()n of the greatest part of the northwest coast of America), so that, according to him, a perpendicular line ought to be drawn fiom the point where the forty-seconci i)arallel touches the Pacific Ocean: that is to say, that it ought" to follow the imniJIeJ of h>n fhr iiorfj, of this pai'allel^ Besides, these coasts haying been included in the pretensions of Spain, in the year !<'.'< I. as far as Prince Willianrs Sound. f///////.v /.^//vVo/t/ ought actually RELATING TO TREATY OF 1«24. 73 to be c'Oinpri^ied in the cession of the rio-ht.s of Spain to the United States. Otherwise it can not be denied that, in the case of the cession not liaving been made to tlie L'nited States, then the possession must necessarily still belong- to Spain and can in no manner be claimed by Kussia, &c. After some further desultory conversation upon the same topics, the Count put into my hand v^ronfrc projd^ consisting of a translation into French of the projet 1 had offered, with some insertions, alterations, and additions (see paper lettered q). I ol)served that the insertion in the second article was utterly inadmissible, as repugnant to the stipu- lations of the former article, and that, instead of the admission of American vessels solely to New Archangel, in the third article, 1 should propose the commercial principle adopted by the United States and England upon the same coast (indiscriminate admission, &c., for a lim- ited periocl). That 1 nuist now frankly tell them that my instructions required that 1 should ol)tain two points as necessary conditions to the third object contemplated l)y the projet of convention. First, the revocation, either spontaneous or by convention, of the maritime pro- visions of the ukase of September 4 (16). 1S21. Secondly, the adoption of the commercial principle (or something similar) agreed upon between the United States and Great Britain, in their convention of 1818, in relation to these coasts. Thiixll}-, that, tiiese preliminaries being set- tled, a territorial det hnitation for settlenients at lift}" -five degrees might be agreed upon. Upon this Mr. Poletica assured me, with a strong asseveration, that Jie would never be brought to sign an instrument containing the prin- ciple of free admission iov our s/ups to tJu-^lr coasts^ whatever thf Count might think proper to do. He continued to argue warmly against anything of the kind. 1 replied somewhat at length, and concluded by saying that, unless he coukl be l)rought to change his mind upon this point, it was more than probal)le we should be able to do nothing. Russia must then be content toZyr^> her uh/se, and other nations would only have to see what means they may possess of carrying on the northwest trade h) .^ji/'ti- of it. The Uount took no share in this (i-parte discussion, and when it conclud(>d 1 told him that I should take his contre-projet home with me toconsidei- it and make such further propo- sitions as reflection should suggest. We agreed to meet again in three da3's. THIRD CONFERENCE. We met again at 8 o'clock in the evening of Saturday, FeDruary 23. when I presented my counter-projet (see paper lettered //). accepting the first article, and the second, with the omission of what they had inserted upon my lirst projet. With regard to the third article, I observed that the proposal of inserting 54- 40' instead of 55-. with a view, as they explained it. of preserving to Russia two points of the island in which the port, called Bi«(ir inadmissibility of that proposition, ^^'ith regard to shortening the term for which a free trade was reciprocally to be granted, I could have no idea that it would ])e seriously pressed, being in itself so small an ol)ject. I then begged leave to place under his eye a short statement of principles and facts, which might have sonie weight in relation to the subject under consideration, and which I considered to be incontrovertible. See pai)er lettered {I). Having read this with attention, he exclaimed, '• ^\ ell. Inrr /s (I eiini',::t,ti mean of accommodating the existing diU'erence. This he would state hypothetically (suj^posing the possil/ilitv of the Emper- or's permitting the stipulation of a free trade for ten years to be agreed to). It was a })ropositioii which j>rrhap.s would "be made to me at a future meeting. It would i)e intended to prohibit the trade in KELATINCI TO TREATY OF 1S24. 75 tivearms und aniniunition. He went into a recapitulation of the com- plaints of Mr. Daschkoti' and Count Pahlen, on account of the injuries arising- from the Hrearms furnished to the natives b_y our citizens. 1 took occasion here to declare that all these proceedino-s of the Russian Government were founded in rn'). It now appeared to me that the latter part of the fourth article, "that the reciprocal right shall cease," &c., had still too much the appear- ance of a sul)stantive stipulation, although 1 had changed it from an entire article in their pi'ojet of the 22d of March, so as to stand as an accessory to the preceding stipulation of an open trade. In the fifth article, their expression "of arbitrary measures" did not appear to me to l)e suflicieiitly i)recise. as it left them at liberty to adopt n^yuhi- tio/hs and to eai'ry them into effect. Iiecause it could not be said that .such regulations were arl)itrarv. For these reasons, I proposed at our meeting on the olst that the fourth and fifth articles should stand as •set forth in the projet lettered {/>). The fourth article became the subject of warm debate during the three meetings ui)on the 81st of March and the 1st and 2d of April; at the last of which they proposed that I should sign a protocol of the tenor of that lettered (y). This was refused by me as asserting what was evidently untrue, to wit. that the two forms specified therein iiirdiit the ium and substance of what |)assed in our conferences, as extracted from the shoit notes I made directly after each meeting. If it should apjH'ar to be meagre and desultory, this nuist be accounted for from the circumstance that we had set out disclaiming all regular (li.sciis.sini, of right or of fact; and if anything approaching to it was resorted to. it was only when I deemed some statement absolutely nec- essary to support our pretensions; but in general everything of the nature of t/i.sn/.s.sio/, ii))])eared to l)e carefully avoided ))v the adversary. 1 now beg leave to add a few ol)servations on the couAention as con- cluded. RELATINCI TO TR?:ATY OF 1824. 77 In order to judoe e(iuitu])ly the merits of this convention (or indeed of any other), it may he necessary to make some allowance for the cir- cumstances in which it was negotiated. In the very outset of this neootiation the defailo/i of Kngland was a circumstance of a character likely to throw great ditiiculties in the way of it. 77/-/.S' w^as occasioned, as I am well informed, partly Vj}- a conviction that our interests were dilierent from if not directly opposed to }i«rs^ and partly, too, by the notion that the cloctrlnc of the Presi- dent's message respecting colonization uj>on the Arnerican continent nnist be peculiarly displeasing to Russia, and such as would render the negotiation much more difhcult for the United States than for (xreat Britain. The latter power appears to have given over all thoughts of l'eeing an ally of France. This ukase, whichls, in its /or///, an act purely domestic, was never notified to any foreign State with injunction to respect its provisions. Accordingly it aj^pears to have been passed over unobserved by foreign powers, and it remained without execution in so far as it militated against their rights. The partial success of this measure seems, however, to have encouraged the yet more bold assumptions of the ukase of September, 1821. It may easily be imiigined how much a fanch^d Init equally 7///y/^>.v/^/rv7 (either by themselves or o\X\QVr>) p(>^xes>it<)n during upwards of twenty years must have strengthened the opinion the Russians had of their own rights. I have reason to know that even in the Emperor's mind this conviction had taken strong hold. When urged both b}' England and America to recede from his territorial pretensions, he expressed himself ready to undo his own act, but declared that the act of his father must be maintained. The tifty-tifth degree was therefore a barrier not to be broken through; and a further small addition was reipiired because the point of an island was cut off l)v that parallel. In consequence of this, it was urgently pressed by the Russian pleni- potentiaries to make the line of delimitation run upon the parallel of o-t- 40'. a small deviation from the instructions I had received. To this I thought I could, without impropriety, accede. To show how much importance they attach to the parallel of 54'^ 40', it may now be mentioned that it is only upon this point that the negotiation with (treat Britain has been broken off. England had agreed to accept this delimitation upo/i t/w ishz/ids. but insisted upon carrying her terri- torial claim iijini, the co/iti/ic/d up to biS- and some minutes, in order to I'etain th(> mouth and course of a river which disemljogues about that latitude, and as being necessary to the convenience of certain posts established in that neighl)orhood by the Northwest and Hudson's Ba}' conq)anies; but Russia has d^^cidedly refused to accede to that delim- itation, and Sir Charles has sent for further instructions. It \\\'A\. perhaps, be thought that, as certain restrictions upon our trade were insisted upon, which were not provided for in any instruc- tions, I ought CO have deferred the signature of the convention, and to ha\e s(Mit home for further instructions. Such would have been my course had I not ai)i)rehended that the (piestion of delimitation l)etween England and Russia nuist certainly, long before I could have any an- swer, be settled one way or other without our participation, and that we should then ha\e no efpuvalent to otler for the trade we covet upon their shores, as iKMther of these nations seem disposed to consider as valuable any like advantage we may have it in our power to grant. It may i)ossil)Iy. too. be objected, upon a superticial view of the con- vention, that it surrenders a permanent /-Ight to a community of trade upon the northwest coast in exchange for [\ jz/'irilcq,- which is to expire in ten years. In answer to this objection, 1 submit that this right nmst always have been held subject toextinguishment whenever the mari- time domain, incident to actual occupation and settlement, shall be ac(|nired by any nation upon those coasts; and 1 beg leave further to remai-k upon the same point, that 1 kept it alwavs in recollection that when the stipulation of the fourth article, for liberty of trading with the natives, shall have expired by its own limitation, these coasts, in KELATING TO TREATY OF 1S24. 79 SO far as the}' may then reuuihi unoccupied, will fall into the general categ'ory of nnoccvpled j>hu'es njxm the coast'^ of tJie (/r<[i thhxtipalation can not be extended bevond said term but by mutual consent." This appeared to satisfy them, although it can by no means change the nature or character of the article, and only admits that ihe pr'wllege < evidence in the form allowed by the article, the article itself would have been altogether without an o])ject. But with regard to tlie trade in anoccupyied places., as permitted by the permanent articles, 1 am contident in the opinion that all the shores of the great ocean upon which the parties to this con- tract have an}^ claim will continue open to them, respectively, for its Y)ursuit under these stipulations. The specific and particular privileges granted by the article (which, upon examination, will l)e found to contain an e.rtenit impressions, strong objections to the one which goes to limit (Ireat Britain northwards to 55". His object in wishing to learn from me our propositions at this point of time was, as I understood, that he might the l)etter write to Sir Charles Bagot on the whole subject to which they relate. No. 35 (r). Extract of a letter f to in Mr. RasJi to Mr. Mlddleton. m London. .Jannary 9\ 18^2If.. I have heretofore written to you on the Hth and 22d of December, and have now to inform you that from interviews which I have had with Mr. Canning since the present month set in, 1 lind that he will decline sending instructions to Sir Charles Bagot to proceed jointly with our Government and that of Russia in the negotiation relative to the North- west Coast of America; but that he will be merely informed that it is now the intention of Great Britain to proceed separately. Mr. Canning intimated to me that to proceed separately was the oi'iginal intention of this Government, to which eliect Sir Charles Bagot had been instructed, and never to an}^ other; and that Sir Charles had only paused under your suggestions to him of its being the desire of our Government that the three powers should move in con- cert at St. Petersburg upon this subject. The presumption of its original course l)v this Government has arisen chiefly from the principle which our Government has adopted, of not considering the American continents as subjects for future colonization by any of the European powers — a principle to which Great Britain does not accede. I have informed the Secretary of State of the above intention of this Government. It will produce no alteration in my endeavors to obtain in negotiation here a settlement of the points as between the United States and Great Britain, respecting the Northwest Coast, in manner as mv instructions lav them down to me. No. 35 id). State of the Qnestion. The United States, by their discovery of the mouth of the Columbia river and by their subsequent rcs'ortliwest Coast as far as the 59th degree north lieloni^s to the United States by the transfer of the rights of Spain. Great Britain has no establishment or possession on any part of the Northwest Coast. She has. therefore, no right, claim, or pretension to any portion thereof, except such as may result f#om the convention with Spain concluded October iJS. 1790. It is. then, evident that her claim is concurrent with those of the United States, and can only reach to whatever point these last may lie considered to extend. It a})pears. then, that Russia and England can not make a detinitive arrangement without the participation of the United States, or at least going to their exclusion. Any agreement which these two powers may make will be binding upon themselves, but cannot affect the rights of a third power. The United States offer to Russia an article of the same import with that of Octol)er. 181S. with CJreat Britain, to be in force for the term of ten years. By offering fnH> and equal access to navigation and intercourse within the limits to which their claims are indisputable, they concede nuich more than they obtain. ^\'ith regard to territorial claim, separate from any system of exclu- sion, they are wnlling to agree to the boundary line within which the Emperor Paul had granted exclusive privileges to the Russian Com- pany, that is to say, latitude 55 . If the Russian Government apprehends serious inconvenience from iUicit trajfic with their settlements, it may be guarded against by stipu- lations similar to those in the annexed projet. No. 35 (.'.) Pr(>jct ofth.' United Stated of Felyruary 8. AitTKLE I. In order to strengthen the bonds of friendship and to jni'scrvc in future a perfect harmony and good understanding between the high contracting i)arties, it is agreed that their respective citizens ancl sul)jects shall not l)e disturbed or molested, either in navigating or in carrying on their Hsheries in any part of the great ocean vulgarly called the Bacilic or South Sea, or in" landing on the coasts thereof in places not already occupied, for the purpose of carrving on their com- merce ^yith the natives of the countrv, subject nevertheless to the resti'ictions and provisions specified in the following articles. AuTicLK II. To the end that the navigation and fisheries in the great ocean carried on l)y citizens and subjects of the high contracting parties may not be made a i)retext for illicit trade with their respec- tive settlements, it is agreed that the citizens of the United States shall not land on any part of the coast actually occupied by Russian settlements, unless by permissiou of the Governor or commandant RELATING TO TRP:ATY OF 1824. 83 thereof; and that Russi;ui subjects shall, in like manner, be interdicted from landing- without p(>rmission at any settlement of the United States on the Northwest Coast. Articlp: III. It is further agreed that no settlement shall be made hereafter on the Northwest Coast of America, or on any of the islands adjacent thereto, north of the 55th degree of north latitude, by citi- zens of the United States, or under their authority, nor l)y Russian subjects or under the authority of Russia, Konth of the same parallel of latitude. No. 35 {/,) [is (he full power of Count Nesselrode]. No. 35 ((/.) Counter Projet of Russia of Filjrvai y 20. [Translation.] Article 1. To cement the bonds of amit}', and to secure, for the^ future, a good understanding' and a perfect concord between the high contracting- powers, it is agreed that, in any part of the great ocean, connnonly called the Pacific Ocean, or iSouth Sea, the respective citi- zens or subjects shall be neither disturbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts upon points which may not already be occupied, for the purpose of trading with the natives; saving, alwa3's, the restrictions and condi- tions determined by the following articles. Article 2. With the view of preventing- the rights of navigation and of fishing, exercised upon the great ocean b}" the citizens and sub- jects of the hig-h contracting- powers, from becoming the pretext for an illicit trade with their respective establishments, it is agreed that the citizens of the United States shall not resort to any part of the coasts alread}" occupied by Russian establishments, or helong/ng to ]iiis!()NDENCE No. 3o(/0. Count if Projrt of ihc United States of Fehruary 23. [Translation.] Ahttclk 1. Tlie tirticlo proposed by the projet of Febriiary 20 is accepted. Article 2. Same, witli the omission of these words, "(?>' Ix^Jonglng to Raxx'in fi'diii tJw lint (f di 111(1 1'l'ation point hI out in the artiele heknv.^^ Avords repuonaiit to the stipuhition expressed in the preceding article, which grants the power of resorting to points not occupied. The •words which terminate this article, "\froni the same line of demarhi- tion,'' ought also to be (M'ased. Articlk ;->. The moditication of the article which proposes for a line •of demarkation fftiifour diyi'asi fortt/ mlnutix instead of 55- may be accepted, provided the article be conceived in the following manner: It is. moreover, agreed that, hereafter, there shall not be formed any estat)lishment upon the Northwest Coast of America, nor in any of the islands adjacent to tin- north of 54^ 40' of north latitude, b}^ the citi- zens of the United States, or under the authorit}' of said States; and on the other side there shall be none formed by Russian sul^jects, or under the authority of Russia, to the south of the same parallel. It is at the same time agreed, however, that the vessels of the two powers, or belonging to their citizens and subjects, luay, reciprocally, frequent all the interior seas, gulfs, harbors, and creeks of the said coast, in order to carry on tishing {(md trnde irlt/i the natlrcs (f the country]" without any hindranee or molestation whatever, during ten [fve] years, to be counted from the date of signing the present convention. No. 35 (/). Second Counter Projet lis/i( d^ that neither Russia nor any other European power has the right of dominion upon the continent of America between the 50th and 60th degrees of north latitude. Still less has she the dominion of the adjacent maritime territory, or of the sea which washes these coasts, a dominion which is only acces- sory to the territorial dominion. Therefore, she has not the right of exclusion or of admlxxnni on these coasts, nor in these seas, which are free seas. The rio-ht of navigating all the free seas belongs, by natual law, to every independent nation, and even constitutes an essential part of this independence. The United States have exercised navigation in the seas, and com- merce upon the coasts, above mentioned, from the time of their inde- pendence; and they have 'A 2)eifect right to this navigation and to this commerce, and thej^ can only be deprived of it by their own act or by a convention. No. 35 (0. Project of a Concent ion offered hy HussUi on Saturday^ Jfarch 2^.- [Translation.] His Majesty the Emperor of all the Russias and the Government of the United States of America, wishing to cement the bonds of amity which unite them, and to secure between them the invariable mainte- nance of a perfect concord, by means of the present convention, have named as their i)lenipotcntiaries to this etlect, to-wit: his Majesty the Emperor of all the Russias, his beloved and faithful Charles Robert, Count of Nesselrode, &c., and Pierre de Poletica, c^c. and the Gov- ernment of the United States of America, Henry Middleton, esquire, &c.\ who, after having exchanged their full powers, found in good and due form, have agreed upon and signed the following stipulations: Article i. It is agreed that in any part of the great ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens and sub- jects of the high contracting parties shall be neither disturlied nor restrained either in navigation or in fishing, or in the power of resort- ing to the coasts ui)on points which ma}' not already he occupied for the purpose of trading with the natives, saving always the restrictions, and conditions determined by the following articles: Article ii. With the view of preventing the rights of navigation and of tishing, exercised upon the great ocean b\' the citizens and sub- jects of the high contracting parties, from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point of the coasts already occu[)ied by Russian estal)lishments, without the permission of the governor or conunander of said establishments; -tuid that, reciprocally, the subjects of Russia shall not resort, without permission, to any estal)lishmtMit of the United States upon the Northwest Coast. Article hi. It is moreover agreed t/iot. In the resjjectlve posses- sions of the two high powers upon the Northwest Coast of America or in an}' of the adjacent islands, there shall not be formed b}- the citi- 86 DIPLOMATIC CORRESPONDENCE zens of the United States, or under the authorit}' of said States, any establishment to the north of 5-l-^ 40' of north hititndo; and that, in the same manner, there shall be none formed by Russian sul>jects, or under the authority of Russia, to the south of the same parallel. Akticle IV. It is. nevertheless, understood that the vessels of the two powers, or which belon^- to their respective citizens or subjects. ma}^ reciprocally fre<|uent. without any hindrance whatever, the inte- rior seas, o-ulfs. harl)ors and creeks in the possessions of Russia and of the Tnited States of America on the Northwest Coast, for the purpose of tishino- and tradino- with the natives of the country. Article v. This reciprocal right of fishing and of trade is only granted for a term of ten years from the date of the signing of the present convention, at the end of which term it shall cease on both sides. Ahticee VI. From this time, fire-arms, other arms, powder, and munitions of war of every kind, are alwa3's excepted from this same conunerce. which the two powers engage not to sell nor alloAV to l)e sold to the natives by their respective citizens and subjects, nor ))y any person who may be under their authority. Article vii. The present convention shall be ratified, and the rati- fications thereof shall be exchanged at St. Petersburg in the space of . In faith whereof . the respective plenipotentiaries have signed it, and thereto afiixed the seal of their arms. Done at the of the vear of Grace 1824. No. 35 (m). Count Nesselrode to Jlr. Iliddhtort. [Translation.] The undersigned. Actual Privy Counsellor, Secretary of State direct- ing the administiation of Foreion Aftairs, has had the honor to mention to Mr. Middleton. Fnvoy Extraordinary and Minister Plenipotentiary of tiie United States of America, the desire which the P^mperor had of seeing arms, munitions, and spirituous liquors excepted from the arti- cles of which the reciprocal trade might be declared free during ten years with the nativ(\s of the Northwest Coast of America, by the con- vention which Russia and the United States are upon the point of concluding. The undersigned hastens to assure Mr. Middleton, by writing, that the inunediate i)roiiibition of the trade in arms and munitions with the natives is a condition to which his Imperial Majesty attaches the high- est importance, a condition the a])sence of which Avould not permit him to give his assent to the rest of the treaty. As to the prohibition of the trade in spirituous liquors the Emperor eagerly desires that it should be i)ronounced. and he does not doubt that Mr. Middleton and the Government of the United States [will] receive in the most favorable manner this wish, dictated by motives of humanity and morality. TIk' undersign(Hl embraces with pleasure this occasion of repeating to Mr. :\Iiddlet()n the assurance of his most distinguished consideration. Nesselrode. St. Petersburc;, March 20, 1821^. RELATING TO TREATY OF 1824. 87 No. 35 (/O- Vl'njrf offhr Fu'tfrd St respective plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at the of the vear of Grace 182-i. No. 35 (o). Conire Projct of Russici. March '2S. [Translation.] His Majesty the Emperor of all the Russias and the President of the United States of America, wishing to cement the bonds of amit}- which unite them, and to secure between them the invariable main- tenance of a perfect concord, by means of the present convention, have named as their plenipotentiaries to this etiect, to wit: his Majesty the Emperor of all the Kussias. his beloved and faithful Charles Robert. Count of Nesselrode, &c., &c., and Pierre de Poletica. &c., c'cc. and the President of the United States of America, Mr. Henry Middlcton. a citizen of said States, and their Envoy Extraordinary and Minister Plenipotentiary near his Imperial ^Majesty; who, after having exchangcHl their full ])o\vers. found in good and due form, have agreed upon and signed the following stipulations: AitTK^LE 1. It is agreed that in any part of the great ocean, com- moidy called the Pacific ocean, or South Sea, the respective citizens or subjects of the high contracting powers shall be neither disturbed nor nvstrained either in navigation or in fishing, or in the power of resortijig to the coasts upon points which may not already be occupied for the purpose of trading with the natives, saving always the restric- tions and conditions determined by the following articles. AinicLK 2. With the view of preventing the rights of navigation and of fishing, exi'rcised upon the great ocean by the citizens and sub- jects of the high c-ontracting powers, from becoming the pretext for an illicit trade, it is agreed that the citizens of the L^iited States shall not resort to any point where there is a Russian establishment, with- out the permission of the governor or conuuander: and that, recipro- cally, the subjects of Russia shall not resort, without permission, to any estalilishnient of the United States upon the Northwest Coast. Aktici-k o. It is moreover agreed that, hereafter. th(>r«> shall not he fonni^d by the citizens of the United States, or under the authority of said States, any establishment upon the Northwest Coast of America. RKLATIN(i TO TKFATY OF 1S24. 89 nor in any of the islands adjiUHMit, to the north of 54 40' of north lati- tndo; and that, in the same manner, there shall be none formed by Knssian subjects, or under the authority of Russia, to the .so((th of the same parallel. Article 4. It is, nevertheless, understood that the vessels of the two powers, or which belong to their respective citizens or subjects, may reciprocally frequent, without any hindrance whatever, the inte- rior seas, gulfs, harbors, and creeks upon the said coasts, for the pur- l)ose of fishing and tradhig with the natives of the country. But the reciprocal right granted ])y this article shall cease, on lioth sides, after the term of ten years, to be counted from the signing of the present convention. Article 5. Fire-arms, other arms, powder, and munitions of war of everv kind, are always excepted from this same commerce permitted by the preceding article; and the two powers engage, reciprocally, neither to sell, nor sufier them to be sold, to the natives by their respective citizens and subjects, nor by any i)erson who may be under their authority. It is stipulated always that this resti'iction shall never be deemed to authorize, under the pretext of a contravention of the present article, the visit or the detention of vessels, or the seizure of the merchandise, ar, in fine, any arbitrary measures whatsoever exer- cised towards the owners or the crews emplo3'ed in this commerce; the high contracting- powers, reciprocally, reserving to 4hemselves to determine upon the penalties to be incui-red, and to inflict the punish- ments due, in case of the contravention of this article by their respec- tive citizens or subjects. Article 6. When this convention shall have been duly ratified bv his Majest}" the Emperor of all the Kussias, on one part, and on the other [)y the President of the United States, with the advice and con- sent of the Senate, the ratifications thereof shall be exchanged at Wash- ington in the space of ten months from the date below, or sooner, if possible. In faith whereof, the respective plenipotentiaries have signed this convention, and thereto affixed the seal of their arms. Done at — : the of the vear of Grace 1824. No. 35 (j>). Frojet of the United State.'^, J/a/'eh SI. [Translation.] Article 4. It is, nevertheless, understood that, during a term of ten years, to be counted from the signing of the present convention, the ships of the two powers, or which belong to their citizens or subjects, respectivelv, may reciprocally frequent, without any hindrance what- ever, the interior seas, gulfs, harbors, and creeks upon the coast men- tioned in the preceding article, for the purpose of fishing and trading with the natives of the country. Article 5. All spirituous liquors, fire-arms, other arms, powder, and munitions of war of eveiy kind, are always excepted from the commerce* permitted b}^ the preceding article: and the two powers engage, reciprocally, neither to sell, nor sutfer them to be sold, to the natives by their respective citizens and subjects, nor b}'' any person who may be under their authority. It is likewise stipulated that this restriction shall never serve for a pretext, nor be alleged, in any case, to authorize either the search or detention of vessels, or the seizure of 90 DIPLOMATIC CORRESPONDENCE the merchandise, or, in tine, any measures of constraint whatever towards the merchants or the crews who may carry on this connnerce; the high contracting powers, recii^rocally. reserving to themselves to determine upon the penalties to he incurred, and to inflict the punishments due, in case of a contravention of this article by their respective citizens or subjects. No. 3.5 iq). Pro jet of Protocol. [Translation.] The undersigned, after having discussed in several conferences a projet of convention proposed for removing all the ditierences which have arisen between Russia and the United States of America, in con- se(iuence of a regulation published by the former of these powers, on the 4th (l<;th) September, 1821, definitively drew up the ditierent arti- cles of which this convention is composed, added to them their sign maiuial. and mutually engaged to sign them as they are found annexed to the present protocol. In drawing up the Ith of these articles, the plenipotentiaries of Kussia recollected that they had proposed to the plenipotentiary of the United State* to arrange the said article in the following terms: Article 4. "'It is. nevertheless, understood th'at the ships of the two powers, or which belong to their citizens or subjects, respectively, may mutually frequent, without an}' hindrance whatever, the interior seas, gulfs, harbors, and creeks upon the said coast, for the purpose of there tishing and trading with the natives of the country. But the recii)rocal right granted by this article shall cease, on both sides, after a term of ten years, to ])e counted from the signing of the present convention." Article 4. *'// /\, nevertheless^ The phv! potent kiries of Russia understood that, during a term of added, tJud., after agreeing to this ten years, to he counted from the arrangement,thr plenipotentiary f the of that whicli had been irroposedby country.'" the plenipotentiaries of Russia. lliejden i potent iary of the United States having repeated this obse7'va- tion., the article in question ims signed icith the modification which he had demanded to be there intro- duced. After u'hich, all the other articles were cdso signed, and it was resolved to j>rnee,'d to the sioth their respective siunatures and the seal of their ai-ms. Done at St. Petersburi>-, April 5, (17.) 1824. Henry Middleton. Nesselrode. p. poletica. No. :]'> (r.)! [Extract. Mr. Canning to Sir Charles Bagot, post p. l-lt». J/y. 2ltddJt'ton to Mr. Ad((in8. No. o8.J St. Petersburg, 30 18 Aiujust 182^. Sir: * * * ■ ' I should not omit upon this occasion to state that Sir Charles Bagot has informed me since the Emperor's departure, that no arrangement upon the territorial question between Russia and England on the north- west coast has taken place, both parties insisting upon the points I have stated in a former despatch. The aml)assador having taken his leave, and intending to depart in a very short time, all farther nego- tiation upon this point nuist of course be left to his successor. I can not ([uit this subject without mentioning that I have anxiously examined the Congressional proceedings of the last session, hoping to discover that some legislative provision might have been made for strengthening our establishment upon the northwest Coast. From various indications perceptible in the course pursued by England in relation to this question, it would appear that her views embrace a large jKntion of this Coast, the monopoly of the trade to which she will one day or other endeavor to secure to herself, unless her meas- ures be counteracted l)y some actual occupation. If in addition to the Fort at Astoria, the I'nited States should estal)lish a military post at some point within the Strciglits of Fuca, say on the left bank of the tirst t)oId river discharging its waters into the interior Sea of which those streights form one of the mouths; these tw^o posts, together with the southern ])()undary secured by our treaty of limits with Spain, would establish an undou])ted right to as much of that territory as it would ill all ])rob:il)ility be desirable to hold. If some measure of this kind Ik' not carried into effect, our noi-thern boundary will, at some future time, liecome a matter of dillicult adjustment, and possibly a source of angry discussion or even war with Englantl. * * * X- ' * -X- * 1 have, etc., Henry Mii)])leton. Mniixtri' of F'niiinci' to tin- Board of Ad in lit i' roinmunicatioii of the 12tli June, 1824, presented to me by the Directors of the Coiui)aiiy, containing their remarks on the conse- RELATING TO TREATY OF 1S24. 93 quences which may result from the ratification of the Convention con- chided 5th April, 1824, between our Court and the North American Kepn])lic, was communicated by me at that time in the orioinal to the Minister in charo-e of the Ministry of Foreign Affairs. Ha\'int>' now received from him the information that the recorded Protocol of the proceedino-s of the Special Cbnnuittee which examined this subject by Imperial order has received the full and entire approval of His Imperial Majesty. 1 think it necessary to conununicate to the Board of Admin- stration of the Russian -American Company, for their information, copies of the a1)ove-mentioned connnunication of Count Nesselrode to me, and also the proceedinjjfs of the Committee of the 21st July, 182-I-. inclosed in it. together with a draft of a comnmnication to me, prepared by his Excellency: which was also read in the a])ove-named Committee and was left unsigned after it had been given tinal consideration. From these documents the Board will see that, for the avoidance of all misunderstandings in the execution of the above-mentioned Con- vention, and in conformity with the desire of the Company, the neces- sary instructions have already been given to Baron Tuvll, our Minister at Washington, to the effect that the north-western coast of America, along the extent of which, by the provisions of the Convention, free trading and tishing are permitted suV)jects of the North American States, extends from 54"" 40' northwards to Yakutat (Bering's) Bay. Lieutenant-General Kankrin. Ifinlster of Finance. Y.'Drushinin, Director. 1)IPL()AIAT[C C0RRE8P0NDENGE RELATING TO THE TREATY OF l^'^r) BETWEEN GREAT BRITAIN AND RUSSIA. 11(1 roil Xii-nhtij fot/i<- Miirtjiiixnf L<>)i(l<)iint auto- rise Ti exeroer sur cette mer des droits de souverainete, et nomnn'nient eelui d'interdire Tapproehe aux etrangers. Cependant, quek[ue inipor- tantes (jue fussent les considerations que reclanioient une seniblahle mesure, quelipie leo-itiniequVlle eut ete enelle nieme, le Gouvernenient Inip;'rial n'a pas voulu. dans cette occasion, t'aire usage d'une t'aculte qui lui assurent les titres de possession les plus sacres. et (jue contirnient d'ailleurs des autorites irrefrag-al)les. Ils'est l)orne aucontraire.coiriUie on a lieu de s'en convaincre par le Reglenient nouvellement public, a ([efendre a tout batinient etranger. non seulement d'aborder dans les Etablisseniens de la Conipagnie Americaine, comnie dans la presqu'ile du Kanitchatka et les cotes de la Mer d'Ochotsh, niais aussi de naviguer le long de ces possessions et en general, d'en approcher a une distance de 100 niilles d'ltalie. Des vaisseaux de la marine Imperiale viennent d'etre exp.'dies pour veiller au maintien de cette disposition. P]lle nous paroit aussi legale qu'elle a etc urg-ente. Car, s'il est demontre que le Gouvernenient Imperial eut eu a la rigueur la faculte de termer entierenient aux etrangers cette partie de TOcean Pacitique, que l)ordent nos posses- sions en Amerique et en Asie, a plus forte raison le droit en vertu duquel il vient d'adopter uno mesure beaucoup moins generalement restrictive doit ne pas etre revoque en doute. Ce droit est en effet universellement admis, et toutes les Puissances Maritimes Font plus ou moins exerce dans leur systeme colonial. Entin, I'usage que le Gouvernenient Imperial vient d'en faire en faveur de la Compagnie llusse Americaine, ne sauroit prejudicer aux interets d'aucune nation attendu qu'il n'est guere a supposer, qu'outre les exceptions specitiees dans notre Keglement, un Aaisseau etranger ciuelcon<|ue puisse avoir des motifs reels et legitimes pour relacher aux Etal)li>semens Russes. La Cour Imperiale aime done a esperer que les Puissances auxquelles ce nouveau Reglement est communique reconnoitront les considera- tions majeures qui lui ont servi de base, et que, par une suite des relations de paix et de bonne harmonic qui subsistent entre elles et la Russie, elles n'hesiteront pas a imposer ti leurs sujets respectifs le devoir de s'}" conformer strictement, aiin de prevenir les inconveniens auxquels une contravention de leur part donneroit lieu necessairement. Les officiers commandant les batimens de guerre Russes qui sont destine a veiller dans TOcean Pacilique au maintien des dispositions susmentionnees, ont reyu Tordre commencer a les mettre en vigueur envers ceux des navires etrangers qui seroient sortis d'un des ports de I'Europe apres le i'''" Mars, 1822, ou des Etats-Unis apres le 1^'' Juillet. A dater de ces epoques aucun navire ne pourra plus legalement pre- texter Tignorance du nouveau Reg"lement. Le Soussigne saisit, &c. Le Baron de Nicolay. [Translation.] Baron Nicolay to tJic 21aru(I< ny.- — {Etcelvtd Noi'tiu- hcr 12). London, Odohtr J 1st (Norcuk-r 12), 1821. The undersigned, Envoy Extraordinary and Minister Plenipoten- tiary of His Majesty the Emperor of all Russia, hastens to make known \*G DIPLOMATIC CORRESPONDENCE to His Kx(('lleiK-v the xVIarquis of Londomli'iTV the orders which he liiis just received from his Court l)v brinoiuo- to the attention of the British Ministry the followiuii' eoinimuiication. On the point of renewing- the i)rivik\oe of the liussiiin-Aiiierican Company and sul)uiittino- to a revision the rules conoernino- its eoin- inercial operations, the Imperial Government was obliged to devote special att(Mition to the complaints to M'hich the undertaking of .smug- glers and foreign adventurers on the north-west coast of the America hclonging to Russia have moiv than once given rise. It has been rec- ognized that thost' undertakings have not only as an object a fraudulent trade in furs and other articles exclusively reserveil to the Russian- American Coni})any. but that they appear even often to betray a hostile tendency: inasnuich as vagabonds comeand furnisharms and aiiMUuni- tion to the natives in the Russian Possessions of America and as they excite them to a certain extent to resistance and rebellion against the nuthorities which are established there. It was then essential to oppose severe measures to those proceedings and to guarantee the Comj)any iigainst the considerable losses which resulted from them, and it is A\ ith this view that the regulation herewith has just been published. Having thus set forth the motives which have dictated this regula- tion, the Undersigned is instructed to add to it the following explanations: .The new regulation does not forbid foreign vessels to navigate in the seas which wash the Russian Possessions on the North- West Coasts of America and North-East of Asia. Such a prohibition which it would not have been difficult to support with a sufficient naval power, would have been, in truth, the most efficacious way to protect the interests of the Russian American Company, and it would seem besides to be based on unquestionable rights. For, on the one hand, to keep away foreign vessels, once for all from the coasts mentioned above was to stop forever the guilty enterprise the prevention of which is under consideration. On the other hand, in considering the Russian Possessions which extend I)oth on the North- West Coast of America from Behring's Straits to 51"- of north latitude and on the opposite coast of Asia and the adjacent islands from the same straits to the 45"^, it cannot be denied that the space of sea of which those possessions are the limits does not unite all the conditions which the best known and l»est accredited publicists have applied to the detinition, a close sea (une mer fermee) and that consequently the Russian Government does not find itself a])s()lutely authorized to exercise on that sea rights of sovereignty and especially that to forbid the approach of foreigners. Nevertheless however important were the considerations which (icnianded such a course, however justifiable it was in itself, the Impe- rial (lovernment did not wish, on that occasion, to make use of a privi- lege which the most sacred titles of possession assure to it and which moreover unquestionable authorities confirm. It contented itself, on the contrary, as ma}^ be seen by the regulations newh' published, with forbidding all foreign vessels, not only to land at the Estal)lishments of the American Company and on the peninsula of Kamtchatka and the coasts of the Sea of Ochotsk, but also to navigate along those pos- sessions, and, in general, to approach them within a distance of 100 Italian miles. 2. Some vessels of the Imperial Navy have just been despatched in order to enforce the maintenance of that provision. It appears to us KELATIN(i TO TREATY OF 1825. 97 as lawful as nri>ent. Because, it" it is (leinoustratcd that the Iiui)erial Goveriunent had had, strictly spciikiiiu'. tiie riyht to close eutirely to t"orei.ii,"iiers this part of the Pacific Oceau which hounds our possessions in America and in Asia, with greater reason, the ri^ht in })ursuance of which it has just adoi)ted a measure far less o-eneraliy restrictiv(> shouUl not be called in question. This riuht is, in fact, universally admitted and all the Maritime powers have more or less exercised it in their colonial system. Finally, the use that the Imperial Government has just made of it in favor of the Russian-American Company, could not he prejudicial to the interests of any nation, l)ecause it is scarcely to l)e supposed that l)eyond the specified exceptions in our regulations, any foreign vessel could have real and legitimate grounds for putting into Russian Establishments. The Imperial Court would gladly hope that the Powers to whom this new regulation is communicated will recognize the strong reasons which have served as a basis for it, and that, in virtue of the relations of peace and good harmon}' which exist between them and Russia, they will not hesitate to impose on their respective subjects the duty to strictly conform themselves to it in order to pre- vent the inconveniences to which a contravention on their part will necessarily lead. The officers commanding the Russian men of war who are destined to enforce in the Pacitic Ocean the execution of the said provisions, have received the order to begin to put them" in force against the for- eign vessels which may depart from European Ports after March 1st, 1822 or from the United States after July 1st. From these dates no ship can legally pretend ignorance of the new regulation. The Undersigned avail, etc. Baron de Nicolay. Count Liercn to the ITarqnis of Londonderry. — {Received JVovemhcr 30.) Le Comte de Lieven presente ses compliments Ji Milord London- derry, et a Thonneur de transmettre ci-joint a son Excellence la copie qu'elle lui a demandee de la depeche de M. le Comte de Nesselrode, en tlate du 7 Octobre, f;e- Americaine, le (iouvernement Imperial est jiarti de la supposition qu'un navire etranger (jui auroit. fait voile d'un des ports de I'Europe, apres le l^'' Mars, 1822, ou d nn des ports des Etats-Cnis, apres le 1" Jnillet de la meme annee, ne pourroit plus jega ement i.ntexter 1' ignorance du nouveau Reglement. Nos inarins ont done reeu lonlrede regler en conse<|uence leur conduite (piant a I'epoque a (later de laquel'le Us auroient a mettre en vigueur les dispcjsitions susmentionn('>es. Nous cr(iyons devoir communiquer ces notions additionnelles aux Missions Imp(?- riales, en les invitant a les [)orter egalenient a la connoissance des Gouvernemens aui.rrs (lesquels elles sont accr<:-ditees, afin de compk'ter ainsi les informations rentermees dans la Circulaire de ce jour. [Indosure 2 is the imperial Russian ukase of September 4, 1821, see mite page 25.] EELATING TO TREATY OF 1825. 99 [Translation.] Count Lieven to the Marqvh of Londondtrry. ^Received Novcinher 30.) Count Lioven presents his conipliments to Lord Londonderry and has the honor to transmit herewith to His Excellency the Copy which he has asked of the despatch of Count de Nesselrode, dated Octol)er 7, No. i^9. Harley Street, London^ Koveinhei' '29., 1821. [Inclosure 1.— Circular.] [Translation.] Count J^essdrode to Count Lieven . St. Petersburg, Octoher 7, 1821. On the point of renewing- the privilege of the Russian-American Company and submittino- to a revision the Rules concerning- its com- mercial operations, the Government was obliged to devote especial attention to the complaints to which the undertaking's of smug'glers and foreign adventurers on the North-West coasts of America belong- ing to Russia have more than once given rise. It has Vjeen recognized that the undertakings have not only as an object a fraudulent trade in furs and other articles exclusive!}^ reserved to the Russian-American Company, l)ut that they appear even often to betray a hostile tendency; inasnuu'h as vagal)onds come and furnish arms and ammunition to the natives in our possessiot^s of America and that they excite them to a certain extent to resistance and rel)ellion against the authorities which are established there. It was tlien essential to oppose severe measures to those proceed- ings, and to guarantee the company against the consideral)le losses which resulted from them and it is with this view that the regulation herewith has just })een published. The Imperial ^lissions are invited to inform the Governments near which they are accredited and to set forth the motives which have dictated it, adding the following explanations. The new regulation does not forbid foreign vessels to navigate in the seas which wash the Russian Possessions on the North-West coasts of America, and North-East of Asia. Such a prohibition which it would not have been difficult to support with a sufficient naval power, would have been, in truth, the most efficacious way to protect the interests of the Russian-American Compan}^ and it w^ould seem besides to be based on unquestionable rights. Eor, on the one hand, to keep aw^ay once for all from the coasts mentioned above foreign vessels, was to stop forever the guilty enterprises the prevention of which is under consideration. On the other hand, in considering Russian Possessions which extend on the North-West Coast of America from Behring's Straits to 51° of North latitude, and on the opposite coast of Asia and the adjacent islands, from the same straits to the 45°, it cannot be denied that the space of sea which those possessions are the limits does not unite all the conditions which the best known and l)est accredited publicists have applied to the definition, a close sea (une mer fermee), and that 100 DIPLOMATIC COKRESPONDENCE consiMiuentlv the Kussiun (Tovernnient does not tind itself absolutely authorized to exercise on that sea rights of sovereionty, and especiall}^ that to forbid the approach of foreigners. Nevertheless however important were the considerations which demanded such a course, however justifiable it was in itself, the Imperial Govei-nment did not wish, on that occasion, to make use of a privilege which the most sacred titles of possession assure to it and which moreover unquestion- aV)le authorities confirm. Jt contented itself, on the contrary, as may J>e seen In' the regulations newly published w ith foi-])idding all foreign Tcssels, not only to land on the Establishments of the Auierican Com- panv and on the p(Miinsula of Kamtchatka and the coasts of the sea of Ochotsk, but also to navigate along those possessions, and, in general, to approach them within a distance of 100 Italian miles. Some vessels of the Imperial navy have just been dispatched in order to enforce the maintenance of that provision. It appears to us as law- ful as it is urgent. Because, if it is demonstrated that the Imperial (Tovernment had liad. strictly speaking, the right to close entirely to foreigners this part of the Pacific Ocean which bounds our possessions in America and in Asia, with gi-eater reason the right in pursuance of which it has just adopted a measure far less generally restrictive, must not be called in question. This right is, in fact, universally admitted and all the Maritime Powders have more or less exercised it in their colonial system. Finally, the use that the Imperial Government has just made of it in favor of the Russian- American Company, could not be prejudicial to the interests of any nation, because it is scarcely to be supix)sed that beyond the specified exceptions in our regulations any foreign ^■essel could have real and legitimate grounds for putting into Russian Establishments. We would gladly hope that the Powers to whom this new regulation shall be conununicated will recognize the strong reasons which have served as a basis for it, and that, in virtue of th(^ relations of peace and good harmony which exist between them and Russia, they will not hesitate to impose on their respective sub- jects the duty to strictly conform themselves to it in order to prevent the inconveniences to which a contravention on their part will neces- sarily lead. His ^Majesty the Emi)eror desires that the Missions may o))tain this result by making the connnunication which the present circular pre- scril)es to them. Accept, etc., Nesseleode. P- S. — In di-awing up tiie instructions for the officers commanding the Russian men of war who are intended to enforce in the Pacific Ocean the execution of the provisions recently enacted in regard to the Establishments of the Russian-American Company, the Imperial Oovernment proceeded on the supposition that a foreign vessel which had sailed from one of the European ports, after March 1st, 1822, or from one of the ])orts of the United States after July 1st of the same year, could not legally pretend ignorance of the new regulation. Our seamen iiave then received the order to regulate their conduct as to the date from which they should enforce the said provisions. ^^ e believe it proper to connuunicate these additional views to the ImpiM-iid Missions inviting them to bring them to the attention of the (iovernment near which they are accredited in order thus to supple- ment the information contained in the Circular of this day. RELATING TO TREATY OF 1825. 101 Si/-C. Bdijot to the 2fns of LoiHlonderry to Count Lleven. Foreign Office, January 18, 1822. Till' I'lidorsigned has the honour hereby to acknowledge the note, addressed to him by Baron de Nieolai of the 12th Novenil^er hist, eoverino- a copy of an Uka.se issued l)v His Iin)xn'ial Majesty the Emperor of All the Russias, and hearino- date the- 4th 8eptei'n])er. 1.S21. for various ])urposes, therein set forth, especially connected with the territorial rights of his Crown on the north-western coast of AuKM-ica. bordering upon the Pacitic, and the Commerce and navigation of Ills Imperial Majesty's subjects in the seas adjacent thereto. This document, containing Regulations of great extent and impor- tance, both in its territorial and maritinu^ bearings, has been consid- ered with the utmost attention, and with those favourable sentiments ^yhich His Majesty's Government always bear towards the acts of a State which His Majesty has the satisfaction to feel himself connected, by the most intimate ties of friendship and alliance; and having been reterred tor the rei)ort of those high legal authorities, whose duty it is to advise His Majesty on such matters. EELATINCi TO TREATY OF 1825. 105 The Undersio-ned is directed, till such friendly explanations can take place between the two Gov^ernments as may ol)viate misunderstanding- upon so delicate and important a point, to make such provisional i)ro- test ag'ainst the enactments of the said Ukase as may fully serve to save the rights of His Majesty's Crown, and may protect the persons and properties of His Majesty's sul)jects from molestation in the exer- cise of their lawful callings in that quarter of the glolie. The Undersigned is commanded to acquaint Count Lieven that it being- the King's constant desire to respect, and cause to be respected by his subjects in the fullest manner, the Emperor of Russia's just rights, His Majesty will l)e ready to enter into amicable explanations upon the interests aflected by this instrument, in such manner as may be most acceptable to His Imperial Majesty. In the meantime, upon the subject of this Ukase generally, and especially upon the two main principles of claim laid down therein, viz., an exclusive sovereignty alleged to belong to Russia over the territories therein described, as also the exclusive right of navigating and trading- within the maritime limits therein set forth, his Britannic Majesty must be understood as hereby reserving all his rights, not l)eing prepared to admit that the intercourse which is allowed on the face of this instru- ment to have hitherto subsisted on those coasts, and in those seas, can be deemed to be illicit, or that the ships of f riendh' Powers, even sup- posing an unciualitied sovereignty was proved to appertain to the Imperial Crown in these vast and very imperfectly occupied territories, could, by the acknowledged law of nations, be excluded from navigat- ing- within the distance of 100 Italian miles as therein laid down from the coast, the exclusive dominion of which is assumed (l)ut, as His ^Majesty's Government conceive, in error) to belong to His Imperial Majesty the Emperor of All the Russias. Londonderry. Tlia 3I((rqiu)< of Londondcrfy to Sir C. Bagot. No. 5.] Foreign Office, Jannan/ 19^ 1822. Sir: With reference to your Excellency's several despatches relative to the Ukase lately IssuckI by the Emperor of Russia under date the •1th September last, for various purposes therein set forth, especially connected with the territorial rights of his Crown on the north-western coast of America, bordering upon the Pacitic, and the connnerce and navigation of His Imperial Majesty's subjects in the seas adjacent thereto, I have now the honour to inclose \o\\ a copy of a note which, by His Majesty's command, I have addressed to the Count de Lieven, the Russian Ambassador in London, upon this su])ject; I iim to desire, that in any communications which you may have with the Russian Government relative to this Ukase, you will conform yourself to the tenour of the note herewith sent. I am, &.('. Londonderry. 10(5 DIPLOMATIC COKRESPONDENCE J//'. Strafford Cannlmj to the Marquis of Londonderry.— {Received March M.) X,). 11. J Washington, February 19^ 1822. ]My Lokd: I was iiifornied this morning by Mr. Adams that the Kussian Envoy has, within the last few days, communicated olficially to tile American (Jovernment an Ulvase of the Emperor of Russia, which has lately appeared in the public prints, appropriating to the sovereignty and exclusive use of His Imperial Majetity the north-west coast of America down to the 51st parallel of latitude, together wdth a considerable portion of the opposite coasts of Asia, and the neigh- bouring seas to the extent of 100 Italian miles from any part of the coasts and intervening islands so appropriated. In apprizing me of this circumstance. Mr. Adams gave me to understand that it w^as not the intention of the American Cabinet to admit the claim thus notitied on the i)art of Russia. His objection appears to lie more particidarly against the exclusion of foreign vessels to so great a distance from the shore. The note given in by M, de Poletica is confined, I believe, to a mere oonnnunication of the Emperor's Ukase, and of the periods at which it will begin to have force, viz., from the 1st March with respect to European vessels, and from the 1st July for vessels from this country. Mr. Adams inquired whether I had heard from your Lordship on this head, and on the supposition that a similar communication had in all pro])al)ility ])een made by the Russian Ambassador in London, appeared desirous of learning the course which His Majesty's Government intended to adopt with reference to it. I could only reply ])v saying that I had not yet received au}^ intimation from your Lordship on the subject. 1 have, &c. Stratford Canning. J/i/(/.sfj/i\s Bay Company to the Marquis of Londonderry. — {Received March .) Hudson's Bay House, London, March 27, 1822. ^ Mr Lord: It has fallen under the observation of the Governor and Connnittee of the Hudson's Bay Company that the Russian Govern- ment have made a claim to the north-west coast of America, from Bchrmgs Straits to the 51st degree of north latitude; and in an Imperial Ukase have prohil)ited foreign vessels from approaching the coast withm lOO miles, under penalty of confiscation. Likewise that the American (iovernment are claiming a verv considerable extent of countrv bordering on the Pacific Ocean; and that a Bill is in progress Ml the House of Representatives for settling the Columl)iaand forming It mto a State of the Union. Ill the Report presented to the House on which this Bill is founded, tlie ( omniittee state that the title of the United States to the sov- ereignty of the territory from the -list degree to the completion of the ;...r(l degree of north latitude is unquestionable; but that, in the opinion ot the Committee, the American Government have a good claim as far as bO' north latitude. I need not remind your Lordship that a large portion of that country RELATING TO TREATY OF 1825. 107 was discovered by British navigators, and taken possession of on behalf of Great Britain; nor of the atlair of Nootka Sound, in 1789. in conse- quence of agg-ressions conniiitted upon l^ritish subjects on that coast; but it niav be necessary to state to your Lordsliip that the Americans had no trade with the natives until long after the British Establish- ments had been formed in the country to the westward of the Rocky Mountains. In the year 1792 Sir Alexander McKenzie, then a partner in the late North-West Compan\', explored from the interior the country west of the Rocky Moimtains, and was the first who penetrated to the Pacific Ocean. In the preceding year Captain Vancouver had survej'ed the Columbia River from the mouth to the Falls, 2(X> miles from the sea. For above twenty years the British fur traders have had Settlenients, and the Company have an Esta])lishment of 2. the terms of which, however contrary to the law of nations and protested ag'ainst h\ us. must be the rule for our merchants and t radcM-s till we can obtain some document in writing which will alter it. [riiis is the sense in which 1 propose to act at Vienna upon this part of the instmctions, and it is desirable that I shoidd be informed whether we have any claim to territory on the north-west coast of America, and what are the opinions and reasonings of the civilians upon the question of doiiuii inn on till- sell. Tlie Russian Ministers will very probably assimilate their claim of donnnion as thus verbally explained to the claim which we are sup- po.sed to liay<>of dominion in the Narrow Seas, which it was attempted to bring mto discussion at the Congress at Vienna in 1815. We avoided the di.scussion. and exi)lained the practice of giving and receiving RELATING TO TREATY OF 1825. 109 salutes prevailing- in the British navy in a manner satisf actor}' to all parties. But we never relinquished the claim of the dominion. On the other hand, we have not recently claimed the dominion in a Proclamation, and warned others not to approach it. September 16, 1822. Since writing- the above I have again seen Count Lieven on this sub- ject, and he has informed me thattlie Emperor has authorized his Min- ister in the United States to treat upon limits in North America with the United States. He gave me this instruction contidentialh. and in order that if we had any claim to territory on the north-west coast of America we might bring it forward, so as not to ])e shut out by any agreement made between Russia and the Ignited States. It is desirable, therefore, that I should be informed upon this subject as soon as may be convenient. Hudi^ons Bay Couipdny to Mr. George Canniitg. — {Received Sep- ttmher .) Hudson's Bay House, Londov^ Septernh-r 25, 1822. Sir: I have the honour to address you, on behalf of the Hudson's Bay Company, upon the subject of the claim set up by Russia to that part of the north-west coast of America which is to the north of the olst degree north latitude. It appears to the Directors of this Company that the claim of Russia is not well founded, and as the interests of the Company and of the British fur trade would be essentially and greatly injured, should the claims of Russia be admitted by the British Government, I feel it to be incumbent upon me, in addition to the representations which I have already made upon this subject, to state brietlv the progress of the British fur trade in that part of North America, and to appi'ize you of the forts or trading- stations, situated to the north of the 51st degree north latitude, which are now occupied by the traders and servants of this Compan}'. In the year 1798 Sir Alexander McKenzie crossed the Rocky Moun- tains in 56° 30' north latitude, and penetrated to the Racihc Ocean in latitude 52° 20'. Inunediatelv after his return the British fur traders sent expeditions and established trading posts in the country to the westward of the Rocky jMountains. New trading stations have been gradually formed, as the country was more fully explored, and until 1821 the whole trade of an extensive district named New Caledonia, and extending from the mouth of Eraser's River, situated about 49- north latitude to al^out 60-- north latitude, was carried on ])y the Brit- ish North- West Company. The partnership of the British North-West Company being- then about to expire, arrangements were made in 1821 by which the Hud- son's Bay Company acquired possession of all the forts and trading sta- tions of that Association situated in New Caledonia, as well as in other parts of British North America. The principal forts or permanent and centrical trading- stations in New Caledonia, now occupied by the traders and servants of this Com- pany, are situated at the Rocky Mountain portage in 56° north latitude 110 DIPLOMATIC CORRESPONDENCE and 121^ west longitude: on Stewart's Lake, in 5-i^ 30' north latitude and 1^0^ west lono;itiide; on McLeod's Lake in 55^ north latitude and 12-1:^ west longitude, and on Fraser's Lake in 55^^ north latitude and about 127' west lonoitude. and there are several minor trading- posts, the situation of which are occasionally changed according to local cir- cunistances. Bv these means an extensive trade is carried on with all those Indian tribes which inhal)it the country from about 60^ north lati- tude as far soutii as the mouth of Eraser's Kiver, which is in about 49^ north latitude, and between the Rocky Mountains and the sea. The British fur traders have never met with the traders of any other nation in that country, and it does not appear that any part of it has ever been occupied by the subjects of Russia or of any other foreign Power. All the considerable rivers which fall into the Pacific Ocean in this extent of coast have not 3"et been sufficiently explored to ascertain whether iuiy of them are navigable with large boats, and have safe harl)ours at their discharge into the sea; the furs procured in that coun- trv have therefore l)een brought to England down the Peace River and througii tiu^ Hudson's Bay Company's territories. But it is pro))able that, in such an extent of coast, some practicable comnuniication with the sea will be discovered which would save the expensive transport of goods and furs through the interior of America. A direct communication by sea is found to be ad\'antageous in the country to the south of New Caledonia situated on the various branches of the Columbia River, where this company have extensive trading" Establishments extending to the head waters of that river in the Rocky Mountains, and the same advantages would be derived from a direct conununii-ation by sea with New Caledonia. This Company has trading Establishments also in McKenzie's River, which falls into the Erozen Ocean as far north as QQ-" 80' north latitude, which carry on a trade with those Lidians wdio inhaljit the country to the west of that river and to the north of 60" of north latitude, and who, from the nature of the country, can communicate more easih^ with McKenzie's River than with the trading posts in New Caledonia. I have thus given a brief outline of the British trading stations on the north-west coast of America, and I feel confident that His Majesty's (iovernnuMit will take the proper measures for protecting the interests of this Company and of the British fur trade in that quarter of the world. I have. &(:. .], H. Pelly, Deputy Governor. Mr. ' of Russia by the Ukase in question. Enlightened statesmen and jurists have long held as insigniticant all titles of teri'itorv that are not founded on actual occupation, and that title is in the opinion of the most esteemed writers on public law to ])e established onl}- by practical use. With respect to the other points in the Ukase wliich have the effect of extending the territorial rights of Russia over the adjacent seas to the unprecedented distan<'e of 100 miles from the line of coast, and of closing- a hitherto unobstructed passage, at the present moment the object of important discoveries for the promotion of general commerce and navigation, these pretensions are considered by the best legal authorities as positive innovations on the right of navigation. As such, they can receive no explanation from further discussion, nor can by possibility be justified. Common usage, which has obtained the force of law, has indeed assigned to coasts and shores, an accessorial boundarv to a short limited distance for purposes of protection and general con- venience, in no manner interfering with the rights of others, and not obstructing the freedom of general connuerce and navigation. But this important qualification the extent of the present claim entirely excludes, and when such a ])rohibition is, as in the present case, applied to a long line of coasts, and also to intermediate islands in remote seas where navigation is beset with innumerable and unfore- seen difficulties, and where the principal employment of the tisheries l\2 DIPLOMATIC COREESPONDENCE must 1)0 pursued under eireumstanees which are incompatible with the preseril)ed courses, all particular considerations concur, in an especial manner, with the o-eneral principle, in repelling such a pretension as an encroaciinient on the freedom of navigation, and the unalienable rights of all nations. , . , t 1 have indeed the satisfaction to believe, from a conference which 1 have had with Count Lieven on this matter, — that upon these two points.— the attempt to shut up the passage altogether, and the claim of exclusive dominion to so enormous a distance from the coast,--the Russian (Jovernment are prepared entirely to waive their pretensions. The only etfort that has been made to justify the latter claim was by reference to an Article in the Treaty of Utrecht which assigns 30 leagues from the coast as the distance of prohibition. But to this argument it is sufficient to answer, that the assumption of such a space was, in the instance quoted, by stipulation in a Treaty, and one to which, therefore, the party to be affected Ijy it had (whether wisely or not) given its deliberate consent. No inference could be drawn from that transaction in fa\{)ur of a claim by authority against all the world. I have little doubt, therefore, but that the public notihcation of the claim to consider the portions of the ocean included between the adjoining coasts of America and the Russian Empire as a via/'e elau^nm^ and to extend the exclusive territorial jurisdiction of Russia to 100 Italian miles from the coast, will be pul)licly recalled, and I have the King's commands to instruct your Grace further to require of the Russian ^Minister (on the ground of the facts and reasonings furnished in their despatch and its inclosures) that such a portion of territory alone shall be defined as belonging to Russia as shall not interfere with the rights and actual possessions of Her Majesty's subjects in North America. I am, &c. George Canning. Baron Tvyll to Count Nesfti^lrode. [Extract.] Ln^ERPOOL, Octoher 21 {Nommhet^ ^), 18^. II sera sans doute expedient de faire, a cet egard, toutes les tentatives lK)ssibles, en alleguant la nouveautc de ees derniers Etablissements, la clause du Privilege des deux Compagnies reunies, posant des bornes a leur extension future, et le prejudice que la proximite de ces postes ne peut mancpier de causer a rPLtablissement Russe, plus ancien & connu .sou.sjle nom de Novo-Archangelsk. Mais dans la supposition que Ton ne put reussir a etendre les frontieres de la Russie ))eaucoup plus vers le Sud. il serait. ce semble, indispensable de les voir au moins tixees au 55e degre de latitude Nord, ou mieux encore, // lajxtlnte meridlonaJe de rArchiprl du J*rhta'd<' (iidJex d P OUtvrdtonj Inlet, situes a peu pres sous ce i)arallMe. Tout voisinage plus rap|)roche des Etablissements anglais ne pourrait niaiuiuer d'etre prejudirial)le a celui de Novo- Archangelsk, qui se trouve sous les 57° 3'. [Tnuislation.] It will doubtless be expedient to make all possible attempts in this direction by alleging the newness of these last establishments, the clause of the privilege [charter] of the two united companies which RELATING TO TREATY OF 1825. 113 sets a limit to their future extension, and the injury which the prox- imity of those posts can not fail to cause the older Russian estal)lish- ment, known under the name of Novo-Archangelsk. But supposing- it to be impossible to succeed in extending the frontiers of Russia much farther towards the south, it seems that it would be indispensable to have them fixed at least at the tift3-tifth degree of north latitude, or, better still, at the southern point of the archipelago of the Prince of Wales and the Observatory Inlet, which are situated almost under that parallel. Any nearer neighborhood of the English establish- ments could not fail to be injurious to that of Novo-Archangelsk, which is in latitude 57^ 3'. The Dul'e of Wellington to 3Ir. G. Canning. — {Received Decmriber 9.) No. 38.] Verona, Novemler 28, 1822. Sir: I inclose the copy of a Confidential Memorandum which 1 gave to Count Nesselrode on the ITth October, regarding the Russian Ukase, and the cop}" of his answer. I have had one or two discussions with Count Lieven upon this paper, to which I object as not enabling His Majest^^'s Government to found upon it any negotiation to settle the questions arising out of the Ukase, which discussions have not got the better of these difficulties: and I inclose to you the copy of a letter which I have written to Count Lieven, explaining my objections to the Russian '^Memoire Contidentiel." This question then ■stands exactly where it did. I have not been able to do anything upon it. I have, &c. Wellington. [Inclosure 1.] Memorandum. In the month of Septeml^er 1821 His Imperial Majesty the Emperor of Russia issued an Ukase, asserting the existence in the Crown of Russia of an exclusive right of sovereignty in the countries extending from Behring's Straits to the 51st degree of north latitude on the west coa«t of America, and to the 45th degree of north latitude on the opposite coast of Asia, and as a qualified exercise of that right of sovereignty, prohibiting all foreign vessels from approaching within 100 Italian miles of those coasts. After this Ukase had been submitted by the King's Government to those legal authorities whose duty it is to advise His Majesty on such matters, a note was addressed by the late Marquis of Londonderry to Count Lieven the Russian Ambas- sador, protesting against the enactments of this Ukase, and requesting such amicable explanations as might tend to reconcile the pretensions of Russia in that quarter of the globe with the just rights of His Majesty's Crown, and the interests of his subjects. We object, first, to the claim of sovereignty as set forth in this Ukase; and, secondly, to the mode in which it is exercised. The best writers on the laws of nations do not attribute the exclusive sovereignty, particularly of continents, to those who have first discovered them, and although we might, on good grounds, dispute with Russia the priority of discovery of these continents, , we contend that the much more easily proved, more conclusive, and more certain title of occupation and use, ought to decide the claim of sovereignty. Now we can prove that the English North-West Company and the Hudson's Bay Company have for manj' years established forts and other trading stations in a country called New Caledonia, situated to the west of a range of mountains called 21528—03 15 114 DIPLOMATIC CORRESPONDENCE Rofkv .Mdiintains, and extending along the shores of the Pacific Ocean from latitude 49^^ t.". latitude ()0°. . , , -^\ ■, ■,. , . ^r , This C'omitauy likewise possess Factories and other Establishments on Macken- zie's Kiver, which falls into the Frozen Ocean as far north as latitude 66° 30^, from whence they carrv on trade with the Indians inhalnting the countries to the west of that river, and who, from the nature of the country, can communicate with Macken- zie's River with more facility than they can with the ports in New Caledonia. Thus, in opposition to the" claim founded on discovery, the priority of which, how- ever, we conceive we might fairly dispute, we have the indisiiuta])le claim of occu- pancy and use for a series of years, which all the ))est writers on the laws of nations admit is the l)est founded claim to a territory of this description. Oltjecting as we do to this claim of exclusive sovereignty on the part of Russia, I might saveinyself the trouble of discussing the particular mode of its exercise as set forth in this Ukase, but we object to the mode in which the sovereignty is proposed to be exercised under this Fkase, not less than w'e do the claim of it. We cannot admit the right of any Power possessing the sovereignty of a country to exclude the vessels of others from the seas on its coasts to the distance of 100 Italian miles. "We nuist ol)ject likewise to other arrangements contained in the said Ukase, con- veying to ]>rivate merchant-ships the right to search in time of peace, &c., which are tjuite contrary to the laws and usages of nations, and to the practice of modern times. Veron.v, Octol>er 17, 1S22. [Inelosure 2.] Mhnolre Confidentiel. Le Cabinet de Russie a pris en mure consideration le Memoire Confidentiel que M. le Due de Wellington lui a remis le 17 Octobre dernier relativement aux mesures adoptet'S par Sa ^lajeste I'P^mpereur sous la date dii 4 (16) Septembre, 1821, pour determiner I'etendue des possessions Russes sur la cote nord-ouest de rAmerique, et pour interdire aux vaisseaux etrangers l'aj>proche de ces possessions jusqu'a la dis- tance de 100 milles d'ltalie. Lfs ouvertures faites a ce sujet an Gouvernement de 8a Majeste Britannique par le Comte de lieven au moment on cet Ambassadeur alloit quitter Londres, doivent deja avoir proa ve que I'opinion que le Cabinet de Saint-James avoit con^'ue des mesures dont il s'agit, n'ctoit point fondee sur une appreciation entierement exacte des vues de Sa .Nhijeste Imperiiile. La Russie est loin de meconnoitre que I'usage et I'occupation constituent le plus solide des litres d'aprC-s lesquels un Etat puisse reclamer des droits de souverainete sur une portion quclconque du continent. La Russie est plus loin encore d'avoir voulu outrejiasser arhitrairement les limites que ce titre assigne a ses domaines sur la cote nord-ouest de l'Amcri(iue, ou exiger en principe general de droit maritime les regies qu'une necessite pui'ement locale I'avoit obligee de poser pour la navigation etrangcre dans le voisinage de la ]iartie de cette cote qui lui appartient. ^ C'etoit au contraire parce (pi'dle regardoit ces droits de souverainete comme 06) Septt _ La Russie seroit toujours prete a faire part des motifs qui en justifient ses disposi- tions mais pour le moment eile se bornera aux observations suivantes. M. le I Mil' de M'elliiigton attirme dans son Memoire Confidentiel du 17 Octobre que ties Ltalihs.-^emens Angiois, appartenant a deux Compagnics: celle de la Bave de Hud.«on et celle du Nord-Ouest, se sont formes dans une contree appeU'e la Xouvelle- :-^i' ,','**'.' ''\" s'ctend le long de la cote de I'Ocean Pacifique, depuis le 49° jusqu'au 60° de latitude septentrionale. i > i J i La Russie ne parlera point des Etablissemens qui peuvent exister entre le 49 et 51 parall.lc, mais quant aux autres, elle n'hesite pas de convenir qu'elle en ignore ju.s(iu :ipr. 'Sent 1 existence, pour autantau moins qu'ils toucheroient I'Ocean Pacifique. i.es lurtes Angloises meme les plus n'centes et les plus detaillees n'indiquent a»s..ument auciine des stations de commerce mentionnees dans le Memoire du 17 )t1. .Dre, sur la c >te meme de 1' Amerique, entre le 51 ° et 60° de latitude septentrionale. i»ailleui-s, .lepuis les expeditions de Behring et de Tchiricoff, c'est-a-dire, depuis pres (1 un siccle, des Etablissemens Russes out pris, a partir du 60°, une extension progre.ssive, qui des 1 annee 1799 les avoit fait i>arvenir jusqu'au 55 parallele, comme RELATING TO TREATY OF 1«25. 115 le porte la premiere Charte de la Compagnie Russe-Americaine, Charte qui a re(^u dans le teins une publicite officielle et qui n'a motive aucune protestation de la part de I'Angleterre. Cette meme Charte accordoit u la Compagnie Russe le droit de porter ses Etablisse- mens vers le midi au delu du 55° de latitude septentrionale, pourvu que de tels accro- issemens de territoii'e ne pussent donner motif de reclamation il aucune Puissance etrangere. L'Angleterre n'a pas non plus proteste contre cette disposition, elle n'a pas meme reclame contre les nouveaux Etablissemens que la Compagnie Russe-Americaine a pu former au sud du 55°, en vertu de ce privilege. La Russie etoitdonc pleinemtnt autorisee a profiter d'un consentement, qui, pour etre tacite, n'en etoit pas moins solennel, et a determiner pour bornes de ses domaines le degre de latitude, jusqu'auquel la Compagnie Russe avoit etendu ses operations depuis 1799. Quoiqn'il en soit et quelque force que ces circonstances pretent aux titres de la Rus.>^ie, 8a Majesti' Imperiale ne deviera point dans cette conjoncture du syst^me halji'tuel de sa politique. Le premier de ses vceux sera toujours de prevenir toute discussion et de consolider de plus en plus les rapports d'amitie et de parfaite intelligence qu'elle se felicite d'entretenir avec la Grande-Bretagne. En consequence I'Empereur a charge son Cabinet de declarer a M. le Due de Wellington (sans que cette declaration jjuisse prejudicier en rien a ses droits, si elle n'etoit point acceptee) qu'il est pret a fixer, au moyen d'une negociation amicale et sur la base des convenances mutuelles, les degres de latitude et de longitude que les deux Puissances regarderont comme dernieres limites de leurs possessions et de leurs Etablissemens sur la cote nord-ouest de I'Amerique. Sa ]Majeste Imperiale se plait ii croire que cette negociation pourra se terminer sans difficulte a la satisfaction reciproque des deux Etats, et le Cabinet de Russie pent assurer des a present ]M. le Due de Wellington que les mesures de precaution et de surveillance qui seront prises alors sur la partie Russe de la cote d'Amerique, Se trouveront entierement conformes aux droits derivant de sa souverainete, ainsi (ju'aux usages etablis entre nations, et qu'aucune plainte legitime ne pourra s'elever contre el les. Verone, le 11 {23) Novembre, 1822. [Inclosure 2. — Translation.] Confidential memorandum. The Russian cabinet has seriously considered the confidential memorandum which the Duke of Wellington addressed to it on the 17th of last October in relation to the measures adopted by His Majesty the Emperor, under date of September 4 (16), 1821, to determine the extent of the Russian possessions on the northwest coast of America and to prevent foreign vessels from approaching these possessions within the dis- tance of 100 Italian miles. The overtures made in regard to this subject to the Government of His Britannic Majesty by Count de Lieven, at the time of the departure of that ambassador from London, must already have proved that the opinion the Court of St. James enter- tained of the measures under consideration was not founded upon an entirely exact understanding of the views of His Imperial Majesty. Russia is far from failing to recognize that use and occupation constitute the best titles by which a state can lay claim to rights of sovereignty over any part of the continent. Russia is further still from having wished to arbitrarily overstep the boundaries which such title assigns to her dominions on the northwest coast of America, or to insist as a general principle of maritime law upon the regulations that a purely local necessity had obliged her to impose upon foreign navigation in the neighborhood of the part of this coast which belongs to her. It was, on the contrary, because she regarded these rights of sovereignty as legit- imate, and because imperative considerations involving the very existence of the commerce in which she is engaged along the northwest coast of America, forced her to establish a system of precautions which has become indispensable, that she issued the ukase of September 4 (16) , 1821. Russia would always be ready to explain the motives which justify her conduct; but for the present she will confine herself to the following observations: The Duke of Wellington states in his confidential memorandum of October 17 that some English settlements, belonging to two companies, the Hudson Bay and IH\ DIPLOMATIC CORRESPONDENCE the Northwest, have l)een formed in a country called New Caledonia, which extends alonl' the coast of tlie Pacific Ocean from the forty-ninth degree to the sixtieth degree of north latitude. . , , , ., .■ . • ., Russia will not speak of the settlements winch may exist between the torty-nmth and (iftv-lirst i>arallels, Init as to the others she does not hesitate to admit that she is still iii ignorance of their existence, at least so far as their touching the Pacific Ocean is concerned. . Even the most recent and comi)lete English maps do not show a single tradmg i>ost, mentioned in the memorandum of October 17, on the coast of America between the iiftv-lirst and sixtieth degrees of north latitude. Moreover, since tlie expeditions of Behring and Tchiricoff — that is. for nearly a centurv— Russian settlements have been growing so steadily from the sixtieth degree onward that in ITlHt they had reached the fifty-fifth parallel, as the first charter of the Russian-American Company shows which charter at the time received official j)ul)licitv, and which has called "forth no protest on the part of England. This same cliarter accorded to the Kussian Company the right to extend its settle- ments toward the south beyond tlie fifty-fifth degree of north latitude, provided that such increase of territory would give rise to no protest on the part of any for- eign power. No objection was made to this provision, either, by England. She did not even protest against the new settlements that the Russian American Company may have e,«tablished to the .south of the fifty-fifth degree by reason of this privilege. Russia was thus fully authorized to profit by a consent which was not the less sol- emn because it was tacit, and to fix as the boundary of her dominions the degree of latitude to which the Russian Company had extended its operations since 1790. However that may be, and whatever force these circumstances may lend to Russia's title, His Imperial Majesty will not deviate in the slightest degree, at this juncture, from his aicustomed political system. His most cherished wish will always be to prevent all contention and to strengthen more and more the friendly relations and the perfect understanding wdiich he con- gratulates himself on maintaining with Creat Britain. In c()nsequence; the Emperor has directed his cabinet to state to the Duke of Wel- lington (without ])ermitting this declaration to prejudice his rights in any degree should it be accejtteil ) that he is ready to settle, by means of friendly negotiations and ii|)on the l)asis of mutual agreement, the degrees of latitude and longitude which the two powers shall regard as the outside limits of their possessions and of their settlements on the northwest coast of America. His Imperial Majesty is jjleased to believe that these negotiations can be termi- nated without dilficulty, to the mutual satisfaction of the two states, and the Rus- sian cal)inet is authorized to assure the Duke of Wellington that the measures of precaution and supervision which will then V)e taken in the Ru.ssian part of the coast of America will be in entire conformity with the rights emanating from her sover- eignty, as well as with international usage, and that no legitimate complaint can be brought against them. Ykko.n.v, November 11 {23), 1822. [Inclosuru 3.] T]ie Duke of Wellitigton to'Coiuit Lieven. Veroxa, Xovewber 28, 1822. .M. i.E Comte: Having considered the paper which your f^xcellency gave me last night ou the part of his Excellency Count Nesselrode on the suliject of our discus- sions on the Russian Uka.se, I must inform you that I cannot consent, on the part of my Government, to found on that ])aper the negotiations for the settlement of the question which has arisen between tlie two Governments on this subject. \\ e ol.jcct to the I'kase on the grounds: 1. That His Imperial Majesty assumes thereby an exclusive sovereignty in North Amencuol which wc are not prepared to acknowledge the existence or the extent. I Pon this point. hnwL'ver, the memorandum of Count Nesselrode does afford the means ot negotiation, and my Government will be readv to discuss it either in Lon- .lonor.M. 1 etersburgh whenever the state of the discussions (m the other question arism- out of tlie I kase will allow of the discussion. i lie .second m-ound on which we object to the Ukase is that His Imperial Majesty inereby exchules from a certain consi.lerable extent of the open sea vessels of other nations. KELATIN(} TO TREATY OF 182."). 117 We contend that the assumption of this power is contrary to the law of nations, and we cannot found a ne;?otiation upon a paper in which it is airain broadly asserted. We contend that no Power whatever can exchide another from the use of the open sea. A Power can exclude itself from the navigation of a certain coast, sea, &c., by its own act or engajiement, but it cannot by rifrht be excluded by another. This we consider as the law of nations, and we cannot negotiate upon a paper in whicli a right is asserted inconsistent with this i»rinciple. I think, therefore, that the best mode of proceeding would be that you sin mid state your readiness to negotiate upon the whole subject, without restating the ol)jection- able principle of the Ukase, which we cannot admit. Ever yours, t'^-c. (Signed) Wellinoton. The DhI'c of WrJr!i(ii /// J/r. (t. ('(uuinuj. — {Rcceivt^d Drctmhcr 9.) ]So. 44.] \f.ro^a, JS^orrmher 29^ 1822.. Sir: Since I wrote to you yesterday I have had another conversa- tion with the Russian Ministers regarding- the Ukase. It is now settled that botli the Memoranikniis which I inclosetl to you should be considered as mm. av&nuM.^ and the Russian Ambassador in Ijondon is to address you a note in answer to that of the late Lord Londonderry, assuring- you of the desire of the Emperor to negotiate with you upon the whole question of the Emperor's claims in North America, reser^'ing them all if the residt of the negotiation shoidd not be satisfactory to both parties. This note will then put this matter in a train of negotiation, which is what was wished. I have. &('. Wellington. Count LI even to Jfr. G. Cairjiliuj. LoNDRES, le 19 {SI) Janvier, 1823. A la suite des declarations verbales que le Soussigne Ambassadeur Extraordinaire et Plenipotentiaire de Sa Majeste TEmpereur de Toutes les Russies, a faites au Ministere de Sa Majeste Britannicjue, le Cabinet de St. James a du se convaincre que si des oljjections s'etoient elevees contre le Reglement public au nom de Sa Majeste TEmpereur de Toutes les Russies, sous la date du 4 (16) Septembre, 18:^1, les mesures ulte rieures adoptees par Sa Majeste Imperiale ne laissent aucun doute sur la purete de ses vues et sur le desir qu'elle aura toujours de concilier ses droits et ses interets avec les interets et les droits des Puissances auxqucUes I'unissent les liens d'une amitie veritable et d'une bien veil- lance reciproque. Avant de quitter Verone, le Soussigne a recu Fordre de donner au Gouvernement de Sa Majeste Britanni(|iie une nouvelle preuve desdis- positiones connues de TEmpereur, en proposant a son Excellence ]\lr. Canning, Prjncipal Secretaire d'Etat de Sa Majeste Britanni(iue pour les Atfaires Etrangeres (sans que cette proposition puisse porter atteintc aux droits de Sa ^lajeste Imperiale, si elle n'est pas acceptee), que de part et d'autre la question de droit strict soit provisoirement ecartee, et que tons les difierends auxqiiels a donne lieu le Reglement dont il s'agit, s'applanissent par un arrangement amical fonde sur le seul prin- cipe des convenances mutuelles et qui seroit negocie a St. Petersljourg. L'Empereur se tiatte que Sir Charles Bagot ne tardera point a recevoir IIJS DIPLOMATIC CORRESPOND.ENCE k>s j)ouvoiis ot los iii.>;tiiK'tions necessaires a cet eff'et et que hi propo- sition dii Sonssig-ne achovera de dt'montrer au Gouvernement de Sa Majosti' Britunni(iuo c-ombien Sa Majeste Imporiale souhaite qu'aucune divoriiiMiee d'opinion ne puisse su])sister entre la Russie et la Grande- Bretag-iie, ot (lue lo plus parfait accord continue de presider a leurs relations. Le Soussig-ne saisit. &c. Lieven. [Trunsliition.] Count Lieven to Mi\ G. Cannrng. London, January 19 {St)^ 1823. In consequence of the ver])al statements that the undersigned, ainhassador extraordinary and plenipotentiary of His Majesty the PLnipt'ror of all the Kussias. has made to tlio Government of His Britaiuiic ]\Iajesty. the Court of 8t. James must have become convinced that had objections arisen to the regulation promulgated in the name of His Majesty the Emperor of all the Russias. under date of Sep- teuilter 4 (Itl), 1821, the subsequent measures adopted by His Imperial Majesty leave no dou))t as to the sincerit}" of his intentions and the desire which he will always have to reconcile his rights and his interests witli tiie interests and the rights of the powers to whom he is bound b}' the ties of sincere friendship and mutual good will. Before leaA'ing Verona the undersigned was ordered to present to the ( toverinnent of His Britannic Majesty a new proof of the Emperor's well-known feelings by proposing to His Excellency Mr. Canning, chief «'cretary of state for foreign alJairs of His Britannic ]Majesty (without )erinitting this proposition to prejudice the rights of His Imperial Majesty should it not be accepted), that the question of strict right be teini)orarily set aside on the j^art of both, and that all the ditierences to which the regulation in question has given rise be adjusted l)y an amicable arrangement founded on the sole principle of mutual expedi- ency, to be negotiated at St. Petersl)urg. The Enip(M-or is pleased to l)elieve that Sir Charles Bagot will soon receive the powers and instructions necessary to this end, and that the l)r()p(»sition of the undersigned will completely demonstrate to the (iovermnent of His Britannic Majesty how much it is the wish of His Inii)eriai Majesty that no diti'erence of opinion should exist between Rnssia and (ireat Britain, and that the most perfect harmony should contiiuie to rule in their relations. The iMulei-signed takes, etc., Lieven. ■^ Ml-, (i. (iiiiiuiu/ to Sir C. Bagot. ''^•'- ••! FoHEKiN (JYViCiF., F(l)ruary 5, 1823. Sik: \\\{\x reference to my despatch No. 5 of the 31st December last. transmittMig to your Excellencv the copy of an instruction iui.lressed to the Duke of Wellington, as well as" a despatch from his ( I race dated \ erona the 2i>th November last, both upon the subject of the Knssiaii I k:is,. of September 1821, I have now to inclose to vour RELATING TO TREATY OF 1825. 119 Excellency the copy of a note which has been addressed to me b}^ Count Lieven expressing His Imperial Majesty's wish to enter into some amicable arrangement for bringing this subject to a satisfactory tern] i nation, and requesting that your Excellency may be furnished with the necessary powers to enter into negotiation for that purpose with His Imperial Majesty's Ministers at St. Petersl)urgh. I avail myself of the opportunity of a Russian courier (of whose departure Count LievtMi has only just apprized me) to send this note to your Excellency, and to desire that your Excellency will proceed to open the discussion with the Russian Minister upon the basis of the instruction to the Duke of Wellington. I will not fail to transmit to your Excellency Full Powers for the conclusion of an agreement upon this subject by a messenger whom I will dispatch to you as soon as I shall have collected any further infor- mation which it may be expedient to furnish to your Excellency, or to found any further instruction upon, that may be necessary for your guidance in this important negotiation, I am, &c. George Canning. Sir C. Bagot to Mr. G. Canning. No. 8.] St. Petersburg, Fehrmrnj 10 (22), 1823. (Received March 15.) Sir: Count Eleven's courier arrived here yesterdaj'alternoon, and I had this morning the honor to receive j'our dispatch No. 1, of the 5th instant, inclosing to me a copy of his excellency's note to you of the 31st of last month, respecting the imperial ukase of the 16th of Sep- tember. 1821. As the post is on the point of setting out I have only time to acknowl- edge the receipt of this dispatch, and to assure you that I shall imme- diately proceed to open with the Russian ministry the discussions which you instruct me to hold upon the important subject to which it relates. I had yesterday an interview with Count Nesselrode. when I took occasion to speak wdth him generallv upon the state of afl'airs as the^' appear to be atiected by the King of France's speech at the opening of the Chambers, but nothing passed in Our conversation which it seems necessary that I should report to you, and I have not had an opportu- nity of seeing the Emperor since his return from Verona. The latest intelligence received here from Constantinople is still that of the 25th of last ujonth. I ought to state that in the copy of the instructions given to the Duke of Wellington by your dispatch No. 6 to his grace of the 2Tth Septem- ber last, and which was transmitted to me in your dispatch No. 5 of the 31st December, the opinions of Lord Stowell and of His Majesty's advocate-general upon the subject of this ukase, and the other papers therein referred to, were not inclosed. I have, etc., Charles Bagot. J//*. G. Canning to Sir. C. Bagot. No. 1.] Foreign Office, February 25, 1823. Sir: I transmit to your excellenc}' herewith a full power, which the King has been pleased to grant to 3'ou under the great seal, authoriz- |0() DIPLOMATIC CORRESPONDENCE iiu'- iuid enipowrrinu- vou to udjust the differences which have arisen in%onse(iuencc of the nkase proniulo-atcd at St. Petersburg on the -ith September, l^:il, which prohibits, under pain of confiscation, all for- eit^n vessels from ai)pr()aching- within 100 Italian miles of the north- western coast of America, the^Aleutian and Kurile Isles, and the east- ern coasts of Sil)(>ria. . , , . i , I have nothino- further to add to the papers with which your excel- lency has alreaciv been furnished on this subject, except two opinions which were lai(ri)v the King's law officers before His Majesty's Gov- ernment on the first receipt of the ukase in question. I am. etc., George Canning. J//'. *S'. Canning to Mr. G. Canning. Xo. 47.] Washington, May S, 1823. (Received June 12.) Sir: The Russian envoy. Baron Tuyll. who arrived here about three weeks ago. has proposed to the American Government, in the name of his court to send instructions to Mr. Middleton, at St. Petersburg, for the purpose of enabling him to negotiate an arrangement of the differ- ences arising out of the claims asserted by the Emperor of Russia to an exclusive dominion over the northwest coast of America, and the neighboring seas as far as the 51st degree of north latitude. The pro- posal 1 conceive to be similar to that which was made by Count Nessel- rode to His Majesty's plenipotentiary at Verona relative to the same object, as it affects Great Britain. The American Secretary of State, in apprising me of the commu- nication received from Baron Tuyll, expressed a desire that I would mention it to His Majesty's Government, and stating that Mr. Middle- ton would in all ])r()l)ability be furnished with the necessary powers and instructions, suggested whether it might not be advantageous for the British and American Governments, protesting as they did against the claims of Russia, to empower their ministers at St. Petersburg to act in the proposed negotiation on a common understanding. He added that the rnited States had no territorial claims of their own as high as the .■■)lst degree of latitude, although they disputed the extent of those advanced ))y Russia, and opposed the right of that power to exclude tlieir citizens from trading with the native inha))itants of those regions over which the sovereignty of Russia had been for the ffrst time asserted by the late edict of the Emperor, and most particularly the extravagant pretension to prohibit the^approach of foreign vessels within 100 Italian miles of the coast. At the same time that he submitted this overture for the considera- tion of His Majesty's (Tovernment, ]Mr. Adams informed me that he had received an account similar to that which lately appeared in the newspapers, and which has already been forwarded to your office, of an AuKM-ican trading vessel having been ordered awav from the north- west coast by the connnander of a Russian frigate stationed in that ([uartcr. He did not a])pear, however, to apprehend that any unpleas- ant c()nsc(iii('iiccs were likely to result from that occurrence!^ as it was understood that provisional instructions of a less exceptionable tenor had l)cen dispatched from St. Petersburg in compliance with the represen- tations ot" fort'iuii |»u\vi'vs. RELATING TO TREATY OF 1S25. 121 In bringing- under 3'our notice this overture of the American Govern- ment, respecting- which I can not presume to anticipate the sentiments of His Majesty's cal)inet, I liave only to add that on asking- Mr. Adams whether it was his intention to enter more largely upon the subject at present, I was informed, in reply, that it would be desirable for him previously to know in what light the British Government was disposed to view the suggestion which he had otlered. He appeared to be under an impression that the instructions and powers requisite for acting separately in this affair had already been transmitted to Sir Charles Bagot. I have, etc., Stratford Canning. Sh/'j)Oir/ic/'-s Soclt4y to Mr. G. Canning. New Broad Street, Jnne 11^ 182S. (Received .) Sir: 1 have ])een requested by the committee of this society to rep- resent to you, sir, that considerable alarm has been excited among- the owners of ships engaged in the southern w^hale tishery by the order lately issued by His ^lajesty the Emperor of Russia, "prohibiting for- eign vessels to touch at the Russian establishments along the north- west coast of America from Bering- Straits to 51^ north latitude, as well as in the Aleutian Islands, on the east coast of Siberia, and the Kurile Islands; that is to say, from Bering- Straits to the South Cape, in the Island of Ooroop, viz, in 45^ 51' north latitude, or even to approach them within a less distance than 1()0 Italian miles.'' This committee being aware of the delicacy of the sul)ject, and that the attention of His Majesty's Government had been directed to it, have been unwilling to trouble you with any representations, but as there are now man}^ ships fishing in those seas, and several others bound thither, and it appears that fears are generally entertained lest the seiz- ure and confiscation of some of them should take place by the Russian authorities, upon the plea of their having- been within the prohibited limits, the committee have felt it their duty, and have requested me thus most respectfully to express to you. sir, their hope that you may be enabled to communicate to them such information as will remove those apprehensions. I have, etc., George Lyall, Chairman of the Corn ni if tee. Count JS^tsselrode to Count Licven. [Coiiflrteutielle— Extrait.] St. Petersbourg, le '26 Juin^ 1823. (Communicated Aug. 1-1,) Les instructions additionnelles envoyees aux otiiciers de la Marine Imperiale chargees de la surveillance de nos cotes dans la partie nord- ouest de I'Amerique, portent nommement: 1. Que les Commandans de nos bsitimens de guerre doivent exercer leur surveillance aussi pres que possible du Continent, c'est-a-dire, sur une etendue de mer qui soit a la portee du canon de la cote; qu'ils ne doivent point etendre cette surveillance au deUi des latitudes sous les- 122 DIPLOMATIC CORRESPONDENCE quelles la Campagnie Americaine a effectivement exerce ses droits de chasse et do peche, tant depiiis I'epoque de sa creation, que depuis le renouvellement de ses privileges en 1799, et que, quant aux lies, ou se trouvent des Colonies ou Etablissemens de la Compagnie, elles sont toutes indistinctement comprises dans cette regie generale; 2. Que cette surveillance doit avoir pour objet de reprimer tout connuerce frauduleux, et toute tentative de nuire aux interets de la Conii)agnie en troublant les parages frequentes par ses chasseurs et ses pecheurs, entin. de prevenir toute entreprise dont le but serait de fournir aux naturels du pays, sans le consentement des autorites, des amies a feu, des arnies blanches, ou des munitions de guerre; 3. Que dans ce (jui concerne les batimens egares, battus par la tem- pete, ou entraines par les eourans, les Commandans des vaisseaux de la marine Imperiale continueront a se conformer aux dispositions du Reglement du 4 Septembre, 1821: qu'ils s'y conformeront de meme a regard des batimens (jui se livreraient au commerce, aux tentatives ou entreprises ci-dessus indiquees; et que nommement, ils pourront en agir d'apres les principes recus parmi toutes les nations, lorsqu'un vaisseau etranger, ayant a bord des marchandises prohibees ou des munitions de guerre, approcherait d'un de nos P^tablissemens jusqu'a la portee du cannon, sans avoir egard aux interpellations et declara- tions que nos officiers lui adresseraient en conformite de ce que leur a cte prescrit anterieurement; entin 4. Que ces officiers doivent s'abstenir de toute intervention dans I'exercice des fonctions locales du Directeur des Colonies, qui a re^'u des instructions parfaitement analogues a celles dont ils out ete munies eux-memes, et qui se trouve revetu du pouvoir d'un Commandant du Port. Votre Excellence voudral)ien observer que ces nouvelles instructions, (jui. dans le fait, sont de nature a faire suspendre provisoirement Feftet de rOukase Imperial du 4 Septembre, 1821, n'ont ete expediees de St. Petersl)()urg qu'au mois d'Aout de Tannee passee; que par consequent rofficiSu' C. Dagot to Mr. G. Can)iing. [Confidential.] No. 48.] St. Petersburg, Octoljer 17 (29), 182S. (Received Nov. 17.) Sir: Mr. Haghes, the American chavg-e d'affaires at Stockholm, arrived here on the 16th instant, and has delivered to Mr. Middleton the instructions which I had already led him to expect from his Gov- ernment upon the sul)ject of the Imperial ukase of the Ith September, 1821, and upon the concert of measures which the United States are desirous of establishing with Great Britain in order to obtain a disa- vowel of the pretentions advani-ed in that ukase by this country. As Mr. Hughes was the bearer of instructions upon the same sub- ject to the American minister in London, I may, 1 am aware, presume that Mr. Rush will have already communicated to vou the view taken of this question I)}' the United States, and 1 think it probal)le that yoxx may have already anticipated this dispatch by framing for my guid- ance such further instructions as, under that view, it may be thought necessary that 1 shoukl receive. It may, nevertheless, be very desir- able that 1 should lose no time in reporting- to you the sul)stance of some conversations which Mr. ]VIiddleton has held with me since the arrival of Mr. Hughes, and it is principally for this purpose that I now dispatch the messenger Walsh to England. Although Mr. Middleton has not conununicated to me the instruc- tions which he had received, I have collected from him. with certainty what I had long had reason to suspect, that the United States, so far from admitting that they have no territorial pretensions so high as the tiftv-tirst degree of north l-atitude and no territorial interest in the demar- cation of boundary between His Majesty and the Emperor of Russia to the north of that degree, are fully prepared to assert that they have at least an equal pretension with those powers to the whole coast as high as the sixtv-tii'st degree, and an absolute right to be parties to any subdivision of it which may now be made. Unless I greatly misconceive the argument of Mr. Middleton, it is contended b}' the xA.merican Government that, in virtue of the treaty of Washington, b}' which the Floridas were ceded by Spain to the United States, the latter are becoijie possessed of all claims, whatever they might be, which Spain had to the northwest coasts of America, north of the forty-second degree of north latitude, and that when Great Britain, in the year 1790, disputed the exclusive right of Spain to this coast, the Court of Russia (as, indeed, appears b}^ the declaration of (^ount Florida Blanca, and as it Avould, perhaps, yet more clearly appear b}'' reference to the archives of the foreign department here) 21528—03 16 130 DIPLOMATIC CORRESPONDENCE diselainu'd all intention of intert'orino- with ttie pretensions of Spain, and. consequently, all pretensions to territorj^ south oi the sixty-iirst deo-ree. and that, therefore, any division of the coast lyjing between the forty-second and sixty-first degrees ought in strictness to be made between tiit> United States and Great Britain alone. Mr. Middleton. however, admits that tlie United States are not pre- pared to push tluMr pretensions to this extent. He says that they are ready to acknowledge that no country has any absolute and exclusive claim to these coasts, and that it is only intended l)y his (iovernment to assert that, as heirs to the claims of Spain, the United States have, in fact, the best pretensions which any of the three powers interested can urge. Assuming, upon these grounds, their right to a share in the division, the United Sta-tes, it seems, desire that, the division being made, the three powers should enter into a joint convention nmtually to grant to each oth(M-. for some limited period, renewable at th(» pleasure of the parties, the freedom of fishery and of trade with the natives, and w'hat- ever other advantages the coasts may afford; and Mr, Middleton has confidentially ac(iuainted me that he has in fact received from his Gov- ernment the •'projeU' of a tripartite convention to this effect, and he has comnumicated to me a copy, which I now inclose, of the full powers with which he has been furnished to negotiate such convention with the plenipotentiaries of Great Britain and Russia. As neither the instructions nor the powers which I have received in regard to this (juestion were framed in contemplation of any such pre- tension as that which is now put forward by the American Govern- ment, 1 have explained to Mr. Middleton how impossible it is for me to proceed further with him in the business until 1 shall have received fresh instructions from you; and 1 have, with his knowledge, informed M. Poletica that I nmst, for the present, suspend the conferences (upon the territorial part of the question at least) into which he and I had already entered. I can not disguise from myself that, judging from the conversations which 1 have had. both with Count Nesselrode and M. Poletica, upon the general subject of the ukase, these new% and, I must think, unex- pected pretensions of the United States are very likely to render a sat- isfactory adjustment of the business a matter of more difhculty than I at first apprehench'd. A full (lisavowal by Russia of her pretension to an exclusive mari- tinic jurisdiction in the North Pacific Ocean will, I have no doubt, be ol»taiiied; hut 1 am strongly inclined to believe that this Government will not easily l»e brought to acknowdedge the justice of any claim of the United States to any part of the territory in question north of the fifty-first degree, and 1 am still more stronglv inclined to believe that, a division once made, this Government will never permit the United States, if they can i)revent it, either to fi,ih, settle, or trade with the natives within the limits of the territorv which mav be allotted to Russia. I take this ()i»portunlty of inclosing to you a copv of the note which I received from Uoimt Nesselrode, the dav "before he'leftSt. Petersburg, ae(|uainlmg nie that the Emperor had appointed M. Poletica to enter into preliminary discussion with Mr. Middleton and mvself upon the difiereiit (piestions growing out of the ukase. As it api)eared l)y this note that M. Poletica ^vas not empowered to EELATING TO TREATY OF 1825. 131 treat, or, indeed, to pledge hisGovernment to any precise point, I have abstiiined from (Mitering with hini as fully into the matter as 1 should have done had his powers been more extensive. I had, however, two conversations with him, previously to Mr. Mid- dleton'^ receipt of his last instructions, upon the subject of territorial boundary as it regarded ourselves, and I then gave him to understand that t.he British Government would, I thought, be satisfied to take Cross Sound, lying about the latitude of 57i ", as the boundary between the two powers on the coast; and a meridian line drawn from the head of Lvnn Canal, as it is laid down in Arrowsmitli's last map, or about the one hundred and thirty-fifth degree of west longitude, as the bound- ary in the interior of the continent. M. Poletica, not being authorized to do more than take an}^ sugges- tion of this kind ad referendum, I am of course not yet able to inform you, as I am instructed to do by your dispatch No. 12. how far a more formal proposition on this basis, or on the ]:>asis of a line drawn at the tift\"-seventh degree, as suggested in that dispatch, might be agreeable to the Imperial Government. M. Poletica seemed to suggest the tifty- lifth degree as that which, in his opinion, Russia would desire to obtain as her boundary; and he intimated that it would be with extreme reluctance that Russia would, he thought, consent to any demarcation which would deprive her of her establishment at Sitka, or rather at Novo-Archangelsk. Still, 1 should not altogether have despaired of inducing this Govern- ment to accept Cross Sound as the boundary; and though I am awai'e that in suggesting this point I put in a claim to something more than 1 am instructed to do in your dispatch above referred to, I thought that it might l)e for the advantage of the negotiation if I reserved the prop- osition of the tifty-seventh degree to a later period of it, and, judging from the map, it appeared to me that it might ]je desirable to obtain, if possible, the whole group of islands extending along the coast. But the discussion of this, and all other points connected with settle- ment of boundary, seems necessaril}^ to be suspended for the moment by the nature of Mr. Middleton's late instructions, and I shall not think it safe to venture further into the question until I shall have learned the opinion of His Majesty's Government upon the pretensions advanced in those instructions b}' the United States. I have, etc., Charles Bagot. [Inclcsure 2.] Count Nesseirode to Sir C. Bagot. St. Petersboueg, le 2£ Aoiii, 1823. M. I'Ambassadel'r: Enquittant St. Peter.sbourg, I'Empereur m'a charge d'annoneer il votre Excellence que, m'ayant doniie ordre de la siiivre dans son voyage, elle avoit antorise M. le Conseiller d'Etat Actuel de Poletica u entamer avec vous, M. I'Ambas- sadeur, des pourparlers relatifs aux differends qui se sont eleves entre la Russie at I'Angleterre, a la suite du nouveau Reglenient donne a la Compagnie Russie-Ameri- caine par I'Oukase de Sa Majeste Imperiale en date du 4 (16) Septembre, 1821. Ces pouri^alers auront pour but de preparer les voies il rajustement definitif de ces differends, et je ne doute point qu'ils ne facilitent ce resultat si vivement desire par I'Empereur. Je saisis, etc., Nesseleode. 132 DIPLOMATIC CORRESPONDENCE [IiU'losure J.— Translation.] Coiint Nesselrode to Sir C. Bagot. St. Petersburg, Augw^t 22, 1823. Mr. Ambassador: On leaYiii,tr St. Peti'rs1)urg the Emperor charjj;e(l ine to announce toVoiir exoeilenc-v that, havinjr directed me to follow him on his journey, he had authorized Ai'tive-Councillor-of State de IVjletica to treat with you, ^Nlr. Ambassador, in reganl to the differences whicli have arisen between Russia and England, in con- seiiuence of the new regulations given to the Russian American Company by the ukase of His Imi)erial :Majestv of the 4th (16) of September, 1821. The object of these negotiations will be to prepare the way for the pernianent adjustment of these differences, and I do not doubt that they will facilitate that result which is so earnestly desired by the Emperor. I take advantage, etc., ' Nesselrode. M. Poletica to Count Nesselrode. St.-Petersbourg, le 3 novemhre 1823. (Received 7/19 Nov.) Monsieur le Comte: Imniediatement apres que V. Exc. eut quitte St.-Petersbourg au mois d'aoilt dernier, je m'occupais de Texecution des ordres qui nront ete traces dans I'office ministeriel en date du IS du nienie niois. .I'lii pcnse ([u'avant que d'entrer en pourparlers avec TAmbassadeur d'AnoU^terre et Tpjuvoye Aniericain, il convenait de me mettre prea- lablenient l)ien au fait des dispositions de notre Compagnie d'Amerique, tant Ti Teg-ard de la question concernant les limites de ses possessions sur la cote nord-ouest du continent aniericain, (|ue des objets plus iniportans de la juridiction maritime, que I'edit du -^ septembre 1821 avait etendu jusqu'a la distance de 100 milles d'ltalie des cotes de la terre ferme. Mes entretiens sur ces deux points avec M. le Conseiller prive C. de Lambert, que le Ministere des finances avait constitue organe des interets et des voeux de notre Compagnie Americaine, me persuaderent que les uns seraient mis en surete et les autres complette- ment remplis, si Ton parvenait a tixer les limites des possessions de la dite Compagnie au 51" degrc de latitude nord, et en leur donnant pour profoiidcur tel degre de longitude (meridien de Greenwich) qui dans son prolongenient vers le pole laisserrait en dehors de notre Hmite la ri\ iere ^Mackenzie, Dans la lixation de la longitude M. le C. de Lambert avait eu princi- paleinent en vue I'etablissement d'une barriere a laquelle s'arreteraient une fois pour toutes, au nord coiDe a I'ouest de la cote allouee Ti notre Compsignie Americaine, les empictemens des agens de la Compagnie Aiiglaise rcunie de la l)aye de Hudson et de Nord-Ouest qu une con- naissance plus exacte du pays traverse par la riviere Mackenzie aurait pu facilcment amener par la suite du tems dans le voisinage de nos ('tablissemens. ^ M. le C. de Lambeil ne me laissa pas ignorer en meme tems que notre C'onipagnie Americaine n'etoit nullement dispose a faire des concessions (lu('lcon(iues, soit aux Anglais, soit aux Americains, sous le rapport du commerce et de la navigation dans les limites de ses possessions reconues. Qu'elle etait au contraire f ermement decidee a s'enreserver I'exploitation exclusive, et cette determination de sa part merite d'etre remaniuce, vu quVlle, fermera, selon toutes les probabilites. la princi- pale et meme Tuniciue difliculte dans la negociation avec le Gouverne- meiit des Etats-Unis d'Amerique. RELATING To TREATY OF 1825. 133 Muni de ces donnees, qui coiuplettaient les directions et les aniple.s renseignemens qui rn'ont ete fournis par le Ministere Imperial, jo chercliai a me mettre en rapport avec le Chevalier Bagot et M. Mid- dleton. L'Envoye Americain se trouvant en ville, fut le premier que j'allai voir. Je lui lis oonnaitre en termes generaux Tobjet de ma visite, ainsi que mon vif desir de contribuer meme d'une maniere indirecte a Fapla- nissement des difficultes qui sV'taient elevees entre les deux Gouverne- ments au sujet des mesures prises chez nous pour proteger les interets compromis de notre Compagnie Americaine. M. Middleton me repondit, a la suite des civil ites ordinaires, quMl regrettait beaucoup de iie pouvoir, pour le moment, se livrer a sa propre impatience, d'entrer aussitot en matiere avec moi, faute crinstructions delinitives sur cet important ol)iet, de la part de son Gouvernement; qu'il les attendait incessannnent, et qu'aussitot qu'elles lui seroient parvenues, il s'empresserait de me le faire savoir. Dans le courant de la conversation, M. Middleton me tit entendre, que lui et TAmbassa- deur d'Angleterre etaient convenus de se tenir, pour ainsi dire, par la main dans cette partie de la negociation qui aura trait a la question de la juridiction maritime. II etait clair, d'apres la reponse de TEnvoj'e Americain que toute demarche ulterieur de ma part aupres de lui serait superfine, jusqu'a Farrivee des instructions (\n\\ attendait. Je pris aussi le parti de me tenir parfaitement tranquille a son egard. Ce fut a peu pros vers le meme tems que je vis pour la premiere fois I'Ambassadeur d'Angleterre a sa campagne. Le Chevalier Bagot me recut avec la politesse la plus franche. Et quoiqu'il ne jugea pas a propos non plus de s'expliquer autrement qu'en termes generaux sur Tatfaire que nous avions a discuter ensemble, son langage et le ton qu'il y a mis indiquaient clairement les dispositions les plus conciliantes. II me contirma ce que M. Middleton m'avoit dit, concernant leur accord de suivre en commun la question de la juridic- tion maritime. Le Chevalier Bagot remit jusqu'a son retour en ville, qui devait avoir lieu dans une quinzaine de jours, le commencement de nos pour- parlers en forme. Eti'ectivement le surlendemain de son retour en ville, TAmbassadeur d'Angleterre vint me rendre sa visite, c[ui se passa en pures civilites; cependantil niMnsinua que les nouvelles instructions de M. Middleton n'etant point encore arrivees, il serait convenable d'at- tendre encore quehjue temps. Quelques jours apres j'eus I'honneur de duier chez TAmbassadeur Britannique. Au >^ maintenant que cY'toit une erreur et que la liuiite meridionale doit s'arreter au 57 . parce qu'on vient de nous demontrer que le territoire que depasse cette limite ne nous a jamais appartenu. Finalement je priai le Chevalier Bagot d'observer, que dans toute cette atlaire il ne pouvoit etre question, pour la Russie, que de conces- sions: qu'en replac/ant les limites de ses possessions sur les continent d'Amerique au 55- (si toutefois le Gouvernement Imperial s\y determi- noit. ce (|iie je ne pouvois prendre sur moi de pressentir) et en modifiant simultanement son principe de juridictiou maritime, la Russie satis- fesoit non seulement aux desirs raisonables de tons les gens moderes en Angleterre. mais qu'elle fermeroit aussi la bouche aux declamateurs exageres du parti de Topposition. qui ne cessent d'entretenir le public, soit dans les nouvelles du joui', soit dans les seances du Parlement, de ce qu'ils appellent raml)ition demesuree de la Russie. Car il seroit alors indubitable (jue les resultats materiels et moraux de la negociation seroient tons a Tavantage de FAngleterre. L'Ambassadeur d'Angleterre parut sentir le poids de ces consi- derations et ne fit meme aucune diificultc d'avouer quHl les trouvoit plausibles. II me repondit toutefois, que ses instructions ne Tautorisent point a adniettre auciuie autre ligne de demarcation et qu'il ne lui restoit par conseiiuent d'autre parti a prendre que de s'en remettre aux avis ulterieurs de la part de son Ciouvernement. En nous separant. apres un entretien de 2 heures et demie, nous nous sommes recipro(|uement invites a refiechir sur les objets de notre dis- cussion, J'ajoutai en definitif, que bien que nous fussions loin d'etre d'accord sur la question territoriale, je la croyois neanmois avancee et susceptible d'un developpement facile et prompt, ne fut ce que par la franchise, que nous avons mis, tons dtuix, dans la maniere, dont nous 'avions cnoncee et que cette initiative ne pouvait etre que de bon augure. Dans le compte ([ue je viens de rendre a V. Exc. de mon premier entretien avec rAml)assadeur d'Angleterre, je me suis particulierement attach*' a consignor, avec une scrupuleuse exactitude, tout ce qui s'est dit ontre nous, concornant la ((uostion territoriale, que je crois devoir envisagor conimo le point le i)lus important de la negociation. Des considerations d'une im])ortance secondairo. mais que je ne puis passer sous silence, ont et«' incidiMitoUement mentionnoes durant la dis- cussion. Cost ainsi assi(l('ui' crAngleterre me declara do plus, qu'a cet egard son RELATING TO TREATY OF 1825. 137 Gouvernement ne sono"oait ii se menager auciiiK* exception en t'aveiir des sujet.s britanniques. Tout en ni'expli(|uant les motifs qui ont eng-a^-e Ic Gouvernement bvitanni(iue a faire, pour ainsi dire cause connnune avec les Ameri- cains, dans la question de la juridiction maritime, motifs que le (,'hev. Bagot dit avoir comnnniiques a V. Exc. il convenait avec moi de la manierc la plus explicite (jue la question territoriale ne regardait nullement les Americains. Mais il pensait conmie moi, que ces derniers cbercheront li obtenir de nous la reconnoissance de ce qu'ils pretendent etre un ancien droit a, eux appartenant, non seulement de naviguer librement dans nos parag'es, mais aussi de tratiquer avec les naturels du pays. Lorsque j'observai au Che\alier Bagot t(ue sa ligne de demarcation nous enlevait, ou la totalite, ou la meilleure moitie de I'isle de St. Georges autrement Sitka (sauf erreur) il me parla d'un dedommagement pecuniaire pour les pertes que nous pourrions y essuyer. Je n'ai pas cru devoir me permettre ni d'encourager, ni de rejetter cette insinuation; je la passai done sous silence. Le surlendemain de cette entrevue, Sir Cbarles Bagot est revenu chez moi dans la matinee, pour me dire que Tobjet de sa visite etait uniquement de rectitiei une erreur involontaire qu'il avoit commise en parlant du 137-^ tandis qu'il entendait le 135"^. [Translation.] 31. PoJetlca to Count Nesselrode. St. Petersburg, JSfovemher 3., 1H2S. (Received 719 Nov.) Count: Innnediately after your excellency left St. Petersl)urg, in the month of August last, I proceeded to the execution of the orders which were given me in the Department on the 18th of the same month. I thought that l)efore entering into negotiations with the English ambassador and the American envo}', it would be well for me to be thoroughly informed as to the views of our American company, both with regard to the question concerning the boundaries of its posses- sions on the northwest coast of the American continent, and the more important subject of the maritime jurisdiction, which the edict of Sep- tember 4, 1821, had extended to the distance of 100 Italian miles from the coasts of the mainland. ]\ly conversations on these two points with Privv Councillor Count de Lambert, whom the ministry of finance had appointed to represent the interests and the wishes of our Ameri- can companv, convinced me that the interests would be protected and the wishes entirely satisfied if we succeeded in fixing the boundaries of the possessions of the said company at the fifty -fourth degree of north latitude, and by giving- them in depth such a degree of longitude (meridian of Greenwich) as, in its prolongation toward the pole, would leave the Mackenzie River outside of our boundary. In fixing the longitude, Count de Lam])ert had mainly in view the establishment of a barrier at which would be stopped, once for all, to the north as to the west of the coast allotted to our American com- pany, the encroachments of the English agents of the amalgamated Hudson Bay and Northwest English Company, whom a more intimate acquaintance with the country traversed by the Mackenzie River 138 DIPLOMATIC CORRESPONDENCE miffht easily brino- in the course of time into the neighborhood of our establishments. At the same time. Count de Lambert did not leave me in ignorance of the fact that our American company was not in the least disposed to make anv concessions whatever, either to the English or Ameri- cans, with respect to commerce or navigation within the borders of its iicknowledged possessions: that it was, on the conti-ary, lirmly resolved to reserve their exclusive exploitation for itself; and this determination on its part, is worthy of notice, as in all probability it will constitute the chief and even the only ditHculty in the negotiations with the Government of the United States of America, Furnished with these data, which supplemented the directions and the ample information given me l)y the imperial ministry. 1 proceeded to plac(> myself in communication Avith the Chevalier Bagot and Mr. Middh'ton' As the American envoy was in the city, 1 went to see him lirst. I informed him in general terms of the object of m}^ visit, and expressed my warm desire to contribute, even indirectly, to the removal of the differences which had arisen between the two Governments on the sulj- ject of the measures taken by us to protect the threatened interests of our American company. Mr. Middleton replied, after the usual courtesies, that he greatly regretted that he could not. at that time, indulge his own impatience to enter upon the subject with me at once, as he had no positive instruc- tions from his (Tovcrmnent on this important point; that he was expect- ing them dailv, and that as soon as they reached him he would hasten to notify me. In the course of the conversation Mr. Middleton gave me to understand that he and the English ambassador had agreed to go hand in hand, so to speak, in that part of the negotiations relating to the maritime jurisdiction. It was evident from the American envoy's reply that an}" further steps on my part near him would be useless until the arrival of the instructions which he was expecting. I therefore decided to remain perfectly quiet so far as he was concerned. At about the same time I tirst saw the English ambassador at his coiuitiT liouse. Chevalier Bagot received me with the most open courtesy, and, although he also did not think proper to express himself otherwise than in general terms upon the matter which we were to discuss together, his language and the tone which he used clearly indicated the most conciliatory sentiments. He corroborated what Mr. Middle- ton had told me concerning their agreement to act in concert on the question of the maritime jurisdiction. Chevalier Bagot postponed the commencement of our negotiations in regular form until his return to the city, which would l)e within a fort- night. Accordingly, two days after his return to the city, the English ambassador paid me a visit, which passed in mere civilities, Imt he intimated that as Mr. Middk?ton:s new instructions had not yet arrived it would be proper to wait some time longer. Some davs "afterwards I had the honor to dine at the British ambassador's. Upon leaving the table, he took me aside to tell me that, while awaiting the instructions which Mr. Middleton had not yet received, there was nothing to pre- vent our discussing the territorial question, to which the Americans were, m a measure, strangers. He therefore proposed to me that he RELATING TO TREATY OF 1825. 139 should go to my house on some day that would suit us ))oth. All my etlorts to induce the Chevalier Bagot to receive me at his house were in vain. On the day fixed, the 2d October last, Sir Charles Bagot called on me at about noon. He began by asking me whether, in the event that he eomnuinicated to me any specific proposition whatever relative to the territorial question, I was authorized to tell him whether that proposition would or would not be acceptable to the Imperial Govern- ment. 1 immediately replied to the British ambassadt)r that my in- structions did not permit me to make any positive declaration on the suV)ject: that they were simply confined to permitting me to discuss the matter in question confidentially either with him or with Mr. Mid- dleton, to furnish them with all the explanations that the discussion might suggest to me; and this, with a view to facilitating the direct and formal negotiations, when the^^ should come to be instituted after the return of His Imperial Majesty; that these preliminary discussions, which 1 had l)een authorized to begin with him and Mr. Middleton, had appeared to the Imperial Government to be a suital)le means of hastening the direct negotiations and of shortening the subsequent dis- cussions and the writings, in so far as they would make known before- hand the genei'al views of the respective Governments as to the matter w4iich was to l)e settled; that it followed, consequent!}", that 1 could not entertain any proposition otherwise than by taking it ad refer- endum. This point having been explained, Chevalier Bagot requested me to inform him what, in the opinion of the Imperial (Tovernment, should be the line of separation between our possessions on the northwest coast of America and those which P^ngland thought herself entitled to claim. I thought that it would be better to meet the question frankly. Consequently, avoiding circumlocutions [I said], that the Imperial Government would think that it had made all the concessions required b}" its moderation and its earnest desire to maintain a good under- standing with all foreign powers by fixing the boundary between the Bussian and English possessions at the fifty-fourth degree of latitude, and ])y giving for the longitude such a line as in its prolongation in a straight line toward the pole would leave the Mackenzie River outside of the Russian frontier. Chevalier Bagot, after a moment's reflection, replied that the point of demarcation which I had just designated was very far from being- that which his Government would have wished to fix. He then told me that, according to all the researches which had been made in England, and the opinions expressed by the most learned lawyers, the right of Russia to the possession of the northwest coast of America below the sixtieth degree of latitude was anything but well estal)lished: that the only legitimate title to any territorial possession w^as, according to the opinion of the English publicists and that of the lawyers who had been consulted, not the first discovery, nor even the taking possession in accordance with the ancient formalities used l)y navigators, but the actual occupation of the newly discovered territories; that this proof of the right was wanting in the evidence produced up to the present time by Russia, with the exception of the establishment of Novo- Archangelsk, which, however, only dates from the year 1802 or 1803. In support of what he had just told me. Chevalier Bagot read me an opinion of the the King's counsel, in London, drawn up in the sense 140 DIPLOMATIC CORRESPONDENCE which ho had stated; and. to prove to me that the claims of Russia to the possession of the points below the sixtieth degree of latitude on the said coast were of very recent origin, the British ambassador read to me some portions of the correspondence (which occurred in 17!M») between Count Florida Blanca and Mr. Fitzherbert, afterwards Lord St. Helens, at the time of the ditference which had arisen between Spain and England with regard to Nootka Sound (see the Annual Keuisterfor 1T5U), pp. :i!>2-30l). This correspondence, said Mr. Bagot, contained, according to the assertions of the court of Madrid, an exi)licit recognition on the part of Russia of the right of Spain to the possession of the northwest coast of America, from the point of Cali- fornia. l)elonging to Spain, to the sixty-tirst degree of latitude, inclusive. In tlie midst of this argument the liritish ambassador suddenly sus- pended the diseussion in order to tell me that his (jrovernment had, after all. no intention of discussing the territorial question according- to the abstract principles of public law or of international law; that that would have the elfect of rendering the discussion interminable; that the cabinet of London expected a more satisfactory result for the two parties interested, from an amicable arrangement which would be based only upon nmtual consent, and that his instructions had been drawn up in that spirit. I replied to Sir Charles Bagot that in the matter in question, so far as I could foresee the views of the Imperial Government, I believed that I could take upon myself boldly to assure him that they were in perfect agreement with those of the cabinet of London. I then asked him to tell me the point of demarcation, which, in the opinion of his Government, ought to divide the respective possessions on the north- west coast of America. Chevalier Bagot then placed himself before the geographical map which we had at hand, and traced upon it with his linger a line begin- ning at the lifty-seventh degree of latitude, the intersection of which designated the one hundred and thirty-tifth degree of longitude west of (Treenwich. precisely at the point where our establishment of Novo- Archangelsk ai)pears to be. This demarcation would certainly leave a considerable space between the t)oundaries designated on both sides, even if the Imperial Govern- ment should decide, in the interests of conciliation, to bring the line of deniarcation up to the tifty-tifth degree of latitude, as it had already been fixed in the act of incorponition granted to our American com- pany in 17!»!l l)y Mis Imperial Majesty's august predecessor. I thought it my duty to tell ChevaVun- Bagot in reply that he had good reason to say that we were both greatly out in our reckoning; that for my part I regretted it the more because I could see no consid- eration that could induce the Im))erial (Government to draw back the bonndary of its jjossessions on the northwest coast of America two di'grccs beyond the point mentioned in the charter of the Emperor I'aul I, which has just been referred to. I remarked that" if the edict of September 4. 1S21, had been detri- mental to the colonial and maritime interests of any of the foreign powei-s. we had hastened, at the lirst remonstrances which thev had addressed to us. to sus])end the execution of the provisions of that edict, espeeially those which gave most cause for those remonstrances; that in the sui)sequent exi)lanations the Imperial Government con- stantly manifested the most conciliatorv intentions; that it was dis- RELATING TO TREATY OF 1825. 141 posed to make all the concessions wliieli justice required, both upon the question of the tei'ritorial boundaries and upon that of the mari- time jurisdiction: but that it would naturally be very unwilling- to abandon a l)Oundary esta])lished I)}' the charter of Paul 1 and con- firmed, to some extent, ))y an undisputed possession of about a ([uarter of a century. As the said charter was not at that time ofliciall}' comnumicated to the foreign powers, I will not persist in maintaining-, said I, that it con- stitutes a de facto right; but that it was none the less true that the foreign powers could not have been ignorant of the existence of that charter, and that from the time of its promulgation in Russia to that of the edict of Septeml)er 4, [iSr^lj, it had not occasioned any protest on their part. I then asked Chevalier Bagot whether he did not himself admit that it would l)e attempting to impose too great a sacrifice upon the dignity of the Imperial (joverimient to require it to. say now to its own sub- jects: " We have allowed you to believe for twenty-two years past that the boundaries of our possessions on the northwest coast of America extended from Bering Strait to the tifty-lifth degree of latitude; well, w^e tell you now that it was a mistake, and that the southern boundary must stop at the lifty-seventh degree, because it has just been proved to us that that l)ouiidary never belonged to us.'' Lastly, I requested Chevalier Bagot to take notice that in this whole matter, as far as Russia was concerned, it could only be a question of concessions; that by replacing the boundar}' of her possessions on the continent of America at the tifty-tifth degree (provided always that the Imperial Government decided to do so. wdiich 1 could not take upon myself to predict) . and by modifying at the same time her theory of mari - time jurisdiction Russia not only complied with the reasonable wishes of all moderate people in England, but that she would also silence the extravagant declaimers of the opposition party, who were incessantly haranguing the public, either in the daily papers or in the sessions of Parliament, about what they call the unbounded ambition of Russia. For there would then he no doubt that the material and moral results of the negotiations would all be to the advantage of England. The English ambassador seemed to feel the weig"ht of these argu- ments, and did not hesitate to admit that he thought them plausible. He replied, however, that his instructions did not authorize him to agree to any other line of demarcation, and that consecjuently he had no other course to take than to await further instructions from his Government. Upon separating, after an interview^ of two hours and a half, we each requested the other to reflect on the subjects of our discussion. I added, in substance, that although we were far from agreeing upon the territorial question I still thought that we had made some progress, and that it was susceptible of an eas}' and speed}" settlement, were it only owing to the candor which we had both displayed in our way of discussing it, and that this l)eginning wa.s very promising. In the account which I have just given your excellency of my first conversation with the English amljassador I have endeavored espe- cialh' to repeat with scrupulous accuracy all that was said between us concerning the territorial question, which I think that I ought to regard as the most important point in the negotiations. Matters of secondarj' importance, but which I can not pass over in 142 DIPLOMATIC CORRESPONDENCE .silence, were incidentally mentioned during- the discussion. In this way Chevalier Bagot, after int'orniing me of the plan of demarcation devised bv his Government, agreed unhesitatinoly that when the boundaries between our respective possessions were once established we would be perfectly free to introduce into the territory allotted to us such administrative regulations as our own wisdom might suggest; that is to say, that we shall have full liberty to permit foreign naviga- tion in our waters or to reserve them exclusively for our own use. The English ambassador declared to me, moreover, on this subject that his Cioverimient was not thinking of procuring anv exceptional privileges for British subjects. While explaining to me the reasons which induced the British Gov- ernment to make counuon cause, so to speak, with the Americans in the (juestion of the maritime jurisdiction, which reasons Chevalier Bagot said that he had conununicated to your excellency, he agreed with me in the most ex})licit manner that the territorial question did not con- cern the Americans in the least; but he thought, as I did, that they would try to ot)tain from us the recognition of what they claim to be an ancient right b(donging to them, not only to navigate our waters f reel}^, l)ut also to trade with the natives of the country. When 1 remarked to Chevalier Bagot that his line of demarcation deprived us of the whole or the larger half of the Island of St. George, otherwise called Sitka (if I am not mistaken), he spoke of a pecuniar}^ indeinnit}" for the losses that we might sustain there. 1 did not think that 1 ought to allow myself either to encourage or reject this suggestion, I therefoi'e passed over it in silence. Two days after this interview Sir Charles Bagot returned to my house in the morning to tell me that the object of his visit was only to rectify an involuntary mistake which he had made in speaking of the one hundred and thirtv-seventh degree, when he meant the one hun- dred and thirtv-tifth. Shipoumer^ Society to Mr. G. Canning. New Broad Street. Xoveinhcr 19, 1823. (Received Nov. 24,) Sii:: In the month of June last you were pleased to honor me with an interview on the subject of the Russian ukase prohibiting foreign vessels from touching at or approaching- the Russian establishments along the northwest coast of America therein mentioned, when vou had the goodness to inform me that a i-epresentation had been made^ to that Government, and that you had reason to believe that the ukase would not be acted upon; and very shortly after this communication I was infoi-med. on what I considered undoubted authority, that the Russian Government had consented to withdraw that unfounded pretension. The connnittee of this society being al)out to make their annual report to the shipowners at large, it would be satisfactory to them to l«' able U) state therein that official advices had been received from M, 1 etei-sburg that the ukase had been annulled; and should that be t lie case. I have to express the hope of the committee to be favored witli a comnuuHcation from you to that effect, I have, etc, George Lyall, Chalrinan. RELATING TO TREATY OF 1825. 143 Mr, G. Cdnnimj to Co>i)it Lieven. [Private aiul confidential.] Foreign Office, November ^5, 1823. My Dear Count Lievex: I have received the inclosed letter from the Shipowners" Society. My answer to it must be in writing-, and not long- after it will be in print. 1 wish, therefore, that you shoukl know beforehand what the nature of it will be, and for that purpose I inclose a draft of it which I will be obliged to you if you will return with an}^ remark that ma}' occur to you, returning also Mr. Lyall's letter. I have, etc., Geo. Canning. Count Lieven to Mr. G. Canning. [Particuliere et eonfidentielle.] AsHBURNHAM HouSE, le 26 jVovemhre, 1823. (Received Nov. — .) MoN CHER M. Canning: Je vous suis infiniment reconnaissant de la communication que vous avez ])ien voulu me faire. En a'ous restituant ci-pres les deux annexes jointes a votre lettre, et en me prevalent de la permission que vous avez cu la bonte de me donner, je prends la liberte de vous observer: quMl serait desirable que le passage hiarque au crayon dans la Minute de votre reponse fut substitue par Tannonce, "que les nouvelles instructions donnces aux Commandants des croisieres Russe& sont conf ues dans Tintention de prevenir les voies de fait entre les vais- seaux Russes et ceux des autres nations, et qu'en general elles peuvent etre considerees comme de nature a faire suspendre provisoirement I'ett'et de FUkase Imperial du 4 Septembre, 18iJl.'' Je crois que par ces expressions Tobjet de tous serait egalement atteint. Veuillez, &c. . Lieven. [Translation.] Count Lieven to Mr. Canieiiig. [Private and confidential.] ASHBURNHAM HousE, NovenJjeT 26., 1823. (Received Nov. — .) jVIy Dear Mr. Canning: I am infinitely grateful to you for the com- munication which vou have so kindly made to me. Returning herewith the two inclosures to jovw letter, and availing myself of the permission that you have had the goodness to grant me. I take the liberty of sa}- ing it would be desirable that the passage marked in pencil in the rough draft of your reply be replaced by the notice "that the new instruc- tions given to the commanders of the Russian cruisers are drawn up with the idea of preventing collisions between the Russian ships and those of other nations, and that, in general, they ma}' be considered of such a nature as to provisionally suspend the efiect of the imperial ukase of September -4, 1821. " I believe that by this mode of expression the object of all would be equally attained. Pray accept, etc., Lieven. 144 DIPLOMATIC CORKESPONDENCE Foreign Office to Shij:>-owiiers- Society. Foreign Office, Novemher ^26 ^ 1823. Siu: 1 am directed by Mr. Secretary Canning- to acknowfedge the receipt of your letter of the 19th instant, expressing a hope that the ukase of September, 1821. had been annulled. Mr. Canning can not authorize me to state to you in distinct terms that the ukase has been '-annulled," because the negotiation to which it gave rise is still pending, em1)racing, as it does, many points of great intricacy as well as importance. But I am directed by Mr. Canning to acquaint you that orders have been sent out by the court of St. Petersburg to their naval commanders calculated to prevent any collision between Russian ships and those of other nations, and, in eti'ect, suspending the ukase of September, 1821. 1 am. etc., F. CONYNGHAM. Ml'. G. Cannlmj to Sir C. Bagot. No. 2.] Foreign Office, January 15, 1821/,. Sir: A long period has elapsed since I gave your excellency reason- to expect additional instructions for your conduct in the negotiation respecting the Russian ukase of 1821. That expectation was held out in the belief that I should have to instruct you to conil)ine your proceedings with those of the American minister, and the framing such instructions was, of necessity', delayed until Mr. Rush should l)e in possession of the intentions of his Govern- ment upon the sul.)ject. Upon receipt of your excellenc3''s dispatch No. 48, reporting the arrival of ^Ir. Hughes at St. Petersburg, with the instructions of the (iovermnent of the United States to Mr. Middleton, I applied to Mr. Rush for infoi-mation as to the tenor of those instructions. I then found, what 1 had not })efore been led to suspect, that ]Mr. Rush had himself authority to enter into negotiiitions with us as to the respective claims of Great Britain and the United States on the northwest coast of America, although he does not appear to have been instructed to invite such negotiation here if we should prefer leaving it to be con- ducted at St. Petersburg. It seenied, however, that it would greatly facilitate your excellency's task at St. Petersburg if we could come to some satisfactory under- standing with Mr. Rush on the principles and leading points of the negotiation, and that, at all events, it was advisable to ascertain so much from Mr. Rush as might enable us to judge whether it would or would not be expedient to agree to the proposal of the United States for combining our several negotiations Avith Russia into one. Such a con)bination had indeed already been proposed by us with respect to so much of our respective discussions with Russia "as turned ujjon the maritime pretensions of the Russian ukase. But that pro- l^osal had not been made in contemplation of the territorial question to which tiie pretensions of the United States have given a new and coniplicated character. The object in applying jointly to Russia for a disavowal or qualifica- RELATING TO TREATY OF 1825. 145 tion of her maritime pretension was at once to simplify and to soften to Russia that act of (jualitieation or disavowal ))v enabling Russia to satisfy both powers at once, without special and separate concession. But as, in the question of territorial limits, Russia, at whatever point her pretensions might be stopped, could have but one of the two powers for her neighbor, there did not seem to be any obvious advan- tage in bringing both to bear upon her together in the settlement of tbose limits. It is true that as, while we contine upon the Russian territory to the north, we also conhne upon that of the United States to the south, we must at one time or other come to a settlement with each of those powers. But there is no obvious or cogent necessity for making those settlements sinuiltaneous, especially as we have already a convention subsisting with the United States which suspends the necessity of any detinite settlement with that Government for live years 3^et to come. Whether, therefore, your excellency should be empowered, according to the desire of the Government of the United States, to negotiate and conclude a tripartite arrangement with Russia and the United States, or should be instructed to pursue that negotiation with Russia singly, according to the tenor of your present powers, was a question to be determined in a great measure l)y the more or less probability of a sat- isfactory understanding between Great Britain and the United States as to their relative as well as their joint concerns in such negotiation. Now we have good reason to believe that, in respect to the question of territorial dominion between us and Russia, an arrangement may be agreed upon w^hich will satisfy the wishes and secure the convenience of both parties by a line of demarkation to be drawn between the south- ernmost settlement of Russia and the northernmost post of the North- west Compan}". The most southern establishment of Russia on the northwest coast of America is Sitka, which is not laid down in our latest maps with suflicient exactness, but which appears by the Russian map published in 1807 to be situated, as the inclosed copy of a letter from Mr. Pelly, chairman of the Hudson's Bay Company, also represents it. in latitude 57"-, and not (as the map of which a copy was inclosed to your Excel- lency indicates) on the continent, but on a small island of the same name at the mouth of Norfolk Sound: the larger islands contiguous thereto, forming (what is called by Vancouver) King George's Archi- pelago, are separated from each other by a strait, called Chatham Strait, and from the mainland by another strait, called Stephen's Strait or passage. Whether the Russians have extended their settlements to these larger islands is not known, but Mr. Pelly positively avers that they have no settlement on the mainland, nor an}- commerce to the eastward of the coast. He suggests, therefore, either the channel between the islands, or that between the islands and the mainland, as the most desirable line of demarcation to the eastward, which being- agreed to, the line to the southward might be drawn so as to compre- hend Sitka and all the Russian settlements upon the islands. If this agreement could be obtained, it would effectually prevent all danger of a collision with Russia; and the United States not intending, as it is understood, to urge any claim in opposition to that of actual occupancy, whether on the part of Russia or of Great Britain, in the latitudes in which the claims of Great Britain and Russia come in contact, the 21528—03 17 146 DIPLOMATIC CORRESPONDENCE intervention of the United States in such an arrang-ement could be necessary only as an umpire. Such an intervention in this case is not likelv to be required, on account of an irreconcilable conflict between Great Britain and Russia; nor would a power whose pretensions are (theoretically at least) in con- flict with both parties be the fittest for such an office. Your excellency's dispatch No. 48 describes latitude 55^ as the point at which M. PoU'tica appeared to wish that the line of demarcation between Russia and Chvat Britain should be drawn. By a memoran- (Uun which I have received from ]Mr. Rush of what his Government would propose as a g-eneral settlement, it appears that latitude 5.5^ is the point which tlie United States likewise have proposed for that same line of demarcation. This coincidence certainly arg-ues either a foreo-one understandings between Russia and the United States, or a disposition on the part of the United States to countenance and promote what they know to be the desire of Russia. >Mien to this statement! add that the United States propose, accord- ing- to the aforesaid memorandum of Mr. Rush, to draw the line of demarcation between themselves and Great Britain at latitude 51 , the point at which the Russian pretension, as set forth in the ukase of 1821, terminates, it does not seem very uncharitable to suppose that the object of the United States in making a selection, otherwise wholly arbitrary, of these two points of limitation for British dominion, was to avoid collision with Russia themselves, and to gratif}" Russia at the expense of Great Britain. There is obviously no great temptation to call in such an arbiter, if the partition between Russia and ourselves can be settled, as no doubt it can, without arbitration. By admitting- the United States to our negotiation with Russia, we should incur the necessity of discussing- the American claim to latitude .51 at the same time that we were settling- with Russia our respective limits to the northward. But the (luestion of the American claim is for the present merged in the convention of 1818; and it would be a wanton increase of difficul- ties to throw that convention loose, and thus to bring- the question which it has concluded for a time into discussion precisely for the pur- pose of a coincidence, as embarrassing- as it is ol)viously unnecessary. If Russia, being aware of the disposition of the United States to con- cede to her the limit of latitude, 55 , should on that account be desirous of a joint negotiation, she must recollect that the proposal of the United States extends to a joint occupancy also, for a limited time, of the whole territory l)elonging to the three powers; and that the con- vention now subsisting between us and the United States gives that joint occupancy reciprocally to us in the territory to which both lav claim. To this principle it is understood the Russian Government object; nor, so far as we are concerned, should we be desirous of pressing it upon them; but as between ourselves and the United States we are not prepared to a))andon it, at least for the term for which the convention of isls 1ki«s to run. There would be some awkwardness in a tripartite negotiation which was not to be conducted and concluded in all its parts u|t()ii ii uniform principle. I hese reasons had induced us to hesitate very much as to the expe- diency of accedmg to the proposition of the United States for a com- RELATING TO TREATY OF 1825. 147 mon neg-otiation between the three powers, Avhen the arrival of the .speech of. the President of the United States at the opening of the Congress supplied another reason at onoe decisive in itself, and sus- ceptable of being stated to Mr. Rush with more explicitness than those which 1 have now detailed to your excellency. 1 refer to the principle declared in that speech, which prohibits any further attempt by Euro- pean powers at colonization in America. Upon applying- to Mr. Kush for an exphmation of this extraordinary doctrine, I found him uni)rovided with any instructions upon it. He said, indeed, that he had not heard from his Government since the opening of the Congress, and had not even received officially a copy of the President's speech. His conviction, however, was, that against whatever power the President's doctrine was directed, it could not be directed against us. He appealed in support of that conviction to the existence of the con- vention of 1818, by which we and the United States hold for a time joint occupancy and coumion enjoyment of all the territoiT on the northwest coast of America above latitude 12. It was obviously the impression on Mr. Rush's mind that this pre- tension on the part of his Government was intended as a set-oft' against the maritime pretension of the Russian ukase. I do not mean to authorize vour excellency to report this construc- tion at St. Petersburg as that of the American minister, but you will have no difficulty in stating it as one to Avhich we think the President's speech liable, as that indeed which appears to us to be by far the most probable construction of it; as such, it furnishes a conclusive reason for our not mixing ourselves in a negotiation between two parties whose opposite pretensions are so extravagant in their several ways as to be sultject not so much of practical adjustment as of reciprocal disavowal. Mr. Rush is himself so sensible of the new consideration which is introduced into the negotiation by this new principle of the President's that although he had hitherto urged with becoming pertinacity the adoption of the suggestion of his Government, he has, since the arrival of the President's speech, ceased to combat ni}- desire to pursue the course already begun of a separate negotiation at St. Petersburg, and has promised to write by this messenger to ]Mr. Middleton to prepare him for your excellency's continuing to act upon your former instructions. It remains, therefore, only for me to direct your excellenc}^ to resume your negotiation with the Court of St. Petersburg at the point at which it was suspended in consequence of the expected accession of the United States, and to endeavor to bring it as speedily as possible to an amicable and honorable conclusion. The questions at issue between great Britain and Russia are short and simple. The Russian ukase contains two objectionable pretensions: First, an extravagant assumption of maritime supremacy; secondly, an unwar- ranted claim of territorial dominion. As to the first, the disavowal of Russia is. in substance, all that we could desire. Nothing remains for negotiation on that head but to clothe that disavowal in precise and satisfactory terms. We would much rather that those terms should be suggested by Russia herself than have the air of pretending to dictate them; you will therefore urge Count Nesselrode to furnish 3"ou with his notion of such a decla- 148 DIPLOMATIC CORRESPONDENCE ration on this point as may be satisfactory to your Government. That dechiration may be made the preamble of the convention of limits. As to the territorial question. I have already stated that the line of demarcation the most satisfactory to us would be one drawn through '•Chatham Strait," the channel separating the island on which Sitka is situatixl from the island to the eastward of it, or if the Russians have estal)lishments on that island also, then through the channel called •*Stei)hen's Passage," which separates the whole archipelago from the mainland. If one or the other of these channels can not be ol)tained as the boundary, then the line nmst be drawn on the maiidand to the north of the northernmost post of the iS'orthwest Company from east to west till it strikes the coast, and thence may descend to whatever latitude may be necessar}^ for taking in the island on which Sitka stands. It does not appear from your excellency's dispatch how far the line proposed by M. Poletica to be drawn at latitude 55"- was intended to run to the eastward. If to the Rocky Mountains it ol)viously would be wholly inadmissible by us, inasmuch as the communication of the Northwest Company from Canada through those mountains with the whole of the northwest country is in a liigher latitude than 55 . Xeithei* has Russia any claim whatever to any inland territory approaching tliat latitude. She has no occupancy inland. Mr. Felly's report denies that she has an}" even on the coast. And it is to the coast alone that discovery could, in the nature of things, give any title. It is absoluteh' essential, therefore, to guard against any unfounded pretension, or any vague expectation of Russia to the eastward, and for this purpose it is necessarA' that whatever degree of latitude be assumed, a definite degree of long'itude should also be assigned as a limit between the territorial rights of the two powers. If your excellency can obtain the strait which sei)arates the islands from the mainland as the boundary, the prolongation of the line drawn through that strait would strike the mainland near Mount Elias — the lowest point of unquestioned Russian discovery. But if that were too nuich to insist upon, the one hundred and thirty-lifth degree of longi- tude, as suggested by your excellency, northward from the head of Lynns Harbor, might suffice. It would, however, in that case l)e expedient to assign, with respect to the mainland southward of that point, a limit, say, of 50 or 100 mil<>s from the coast, beyond which the Russian posts should not be extended to the eastward. We must not on anv account admit the Russian territory to extend at any point to the Rocky Mountains. By such an admission we should establish a direct and complete interrup- tion between our territory to the southward of that point and that of which we are in possession to the eastward of longitude 135- along the course of the Mackenzie RiA^er. As your excellency had ah-eady made so much wav in previous dis- cussion, it is to be hoped that, on" resuming the negotiation, verv little tunc need b(> recpiired to bring it to a conclusion. It is extremely miportant to conclude it as quicklv as possibU'. It Ix'iiig once decided not to negotiate jointly with the United States, we must take care to ))e out of the way while th(> discussions between Hussiii ajid the United States are going^ on; and the example of having come to agreement with us promptly and amica])ly on both points of htigation would, perhaps, be not less yaluable to Russia in her subse- RELATING TO TREATY OF 182;". 149 quent discussions with the United States, than would have been the facility which we had in contemplation for Russia when we originally proposed that her disavowal of the maritime principle should be addressed sinuiltaiieously to us l)oth. At that time our claim to such disavowal and the claim of the United States were precisely alike; Russia had nothing to plead against either of us as a compensation for those claim.->. The principle put forth by the President of the United States has introduced a difference between the respective situations of the United States and Great Britain with respect to Russia which did not exist before. In the former state of things it might have been expedient, both for ourselves and for the United States, as well as less distasteful to Russia, to return an answer conunon to us l)oth; but, as things stand now, Russia might naturally wish to qualify her answer to the United States with some reciprocal demand of explanation. The only point of view in which the United States could now insist upon interfering with, or even taking cognizance of, the negotiation between us and Russia would be in order to see that the pretensions on the northwest coast of America derived to the United States from Spain through the treaty of 1819 were not prejudiced by, our separate agreement. That object can not be more etfectually provided for than by inserting into our convention with Russia, as a protection for the claims of the United States, that part of the third article of the convention concluded by us with the United States in 1818 which was inserted in that con- vention for the protection of the claims of Spain herself in the rights which she had not then ceded. By that article it is stipulated that the agreement between the two contracting parties ''should not be taken to affect the claims of any other power or state in any part of the said country." Such a clause your excellency will voluntarily propose to insert in the convention which you are to conclude with Count Nessel- rode : and you will apprize Mr. Middleton of your intention of proposing that insertion. 1 am, etc., George Canning. [Inelosure 1.] Hudson's Bay Compoin/ to Mr. G. Canning. Hudson's Bay House, London, Januarys, 18'24- Sir: In reference to the conversation which I had the honor of havinyc with you on ^londay last, I be^ to call your attention to niy letter of the 25th September, 1822, on the subject of the trading stations of the Hudson's Baj^ Company in the countries on the northwest coast of America. In addition to what is therein stated, I have to inform you that it appears, by the intelliiience received this last season, that our tradei's are extending their posts still farther to the northward in the country to the west of the Rocky Mountains. It may be proper for me also to mention that the Hudson's Bay Company have a chain of trading posts on the jNIcKenzie's River as far north as about 67° north lati- tude, and that Indians trade at those posts who come from the countries lying to the west of that river and to the north of 60° north latitude, and that our traders are extending their posts to the westward into that country. The Russian station called "Sitka" is an island, and can give no claim by occupa- tion to any ])art of the continent. But even if they had stations on the seacoast of the continent, this could not be held to give to Russia a better claim to a southern l)oundary on a line of latitude eastward than our stations in 67° north latitude give to Great Britain to one on a line of latitude westward. 150 DIPLOMATIC CORRESPONDENCE From a want of accurate knowledge of the courses of the rivers or ranges of mountains, it is dithcult to suggest any satisfactory boundary in the interior of the country in' question, and (if consistent" with your views) it might, perhaps, he suffi- cient at ]iresent to settle a boundary on the coast only and the country 50 or 100 miles inland, leaving the rest of the country to the north of that point and to the west of tlie range of the mountains, which separate the waters which fall into the Pacilic from those which tlow to the east and north, open to the traders of both nations. In this case, I would suggest the northern end of the inlet called Chatham Straits as the most southern i)oint at which the coast boundary ought to be fixed. This is l)Ut a little (if at all) to the north of the most northern trading station in the coun- try to the west of the Rocky Mountains. The islands lying to the west of Chatham Straits may be given to Russia; but the Russians not to trade either on the coast or in the interior south of the boundary, and the British not to trade on the coast north of it. If it is considered ])roper to fix at present the interior boundary, I would suggest a line drawn from the above-mentioned point at Chatham Straits due north until it strikes the range of mountains which separate the waters (being the supposed con- tinuation nf the range called the Rocky Mountains), and thence to follow the ridge of these mountains to the Frozen Ocean. This is the greatest concession which I think it would be advisable to make to Russia with regard to the interests of the British fur trade, and it would be desira- ble, as the means of preventing the risk of collision between the traders of the two nations, if Mount Elias on the coast at 60° north latitude was taken as the boundary l)oint, from whence the line of longitude shottld be drawn. I have, etc., J. H. Felly. [Inc'losure 2.] Memorial relating to tlie nortliwed coast of America. The princi])al settlements of the Russian Fur Comitany in the North Pacific Ocean are on the Aleutian or Fox Islands, the Island of Kodiak lieiiig the great entrepot or magazine of the peltries, which are collected in the neighljoring islands and from Cooks Inlet, Prince Williams Sound, where, however, it does not apjjear the Rus- sians have establishments inland, but the furs are collected by a coasting trader in the " baidarkat" or canoes. Mr. G. S. Langsdorff, who accompanied Captain Kruseustern in his voyages in the years ISOo, 1804, 1S05, 1806, and 1807, in giving an account of the fur trade, gives the fiillowing statement and history of the settlement of Lichta: "The constant (lecrease in the numljer of sea otters upon the coast of Kamchatka induced the Russians to t-xtend their i)Ossessions eastward, first to the islands between the coiists of Asia and America and finally to the northwest coast of America. Norfolk Sound a])pearing to ])resent a favorable spot for an establishment, it was considered expedient to take ]iossession of it. A fortress, with proper warehouses and dwelling houses, were built. * * * After a time, the natives rose upon the Russians and killed almost the whole party. In the vear 1804 the director, M. de Rosanoff, again took possession of it with a "large force, building a fortress and giving it the name of Kerr Arcliangel. If present occupation gives to a government the right of possession, the occupancy of Norfolk Sound could not give to Russia a claim to the coast bordering on the islands or the interior niaiidand, and it does not appear that Russia has any ports or settlements on the northwest coast of America which would give to Russia "anv right of clann to the country by present occupancy, except at a settlement called B'odego, which IS on the coast of New Albion, in latitude ;W° 30'. The country of New Albion is covered with oak-ash pine timber of large dimen- sions, lit lor shipbuilding, and on the coast of California a verv fine descrii)tion of hemp IS lound. The land is capaltle of the highest state of cultivation, producing excellent wlieat, j.otatoes, hem]), and all kinds of vegetables. The Russians build vessels of large burden at their settlement, and, under the pretext of encouraging the fur trade, have encroached so far south; and in the vear IMI.i tliey sent a M. de Resankoff to negotiate with the Spanish Government for "per- mission to form an establishment in New (California, which negotiation, however, faileouchures of such rivers as might afford an outlet for our fur trade into the Pacific, and the two banks of the Mackenzie River: that, in the belief that such were our respective objects. I would propose as our boun^ar}' a line drawn through Chatham Straits to the head of Lynn Canal, thence noi-thwcst to the one hundred and fortieth degree of longitude west of Givenwich, and then along that degree of longitude to the Polar Sea. This proposal was made l)y me verbally, and was taken for considera- tion l)y the Russian plenipotentiaries, who at our next meeting offered a ••contre-])rojet,'" which I afterwards requested might be reduced to writing, and of which I inclose a copy (Inclosure 1). In offering this '"contre-ijrojet.'' Count Nesselrode seemed to intunate that, howevor disi)osed the Enip(>ror mioht be to retract pretensions advanced by himself which might be thought to conflict with the inter- ests of other powci-s. it would be asking too nuich of the imperial dig- nity to re(iuire that pretensions advanced twentv-five vears aoo bv the hmperoi- Paul, and which had l)een hitherto undisputed, should be now renounced I thought it my duty, upon an intimation of this kind beuig niade. to declare at once that all considerations of such a nature were incompatible with the stipulated basis of our negotiation, and that if the (piestion of national dignitv was to be touched, I, too should liave much to say upon that head, and should prol)ablv find it quite RELATING TO TREATY OF 1825. 155 iinpossil)le to make those concessions \vhich. upon the simple ground of nuitual convenience, I might perhaps without difficulty do. This explicit declaration had its desired eti'ect, and the Russian plenipoten- tiaries engaged not to introduce again arguments of this kind into our discussions. As the •'contreprojet" otierecl to me appeared to be. generally speaking, entirely inadmissible, I drew up such a moditication of my original proposal as would, I thought, meet the only reasonable objec- tion made to it (an ol)iection made in conversation l)y the Russian plenipotentiaries), viz, the inconvenience which Russia luight experi- ence by vessels of the United States claiming a right, under their con- vention with Great Britain, to visit the waters lying between King Oeorge's Archipelago and the islands and continent to the eastward of it, and which might, in this manner, seriously annov the subjects of His Imperial Majesty in their pursuits and occupations upon those .shores. This moditication of my first proposal will be found in the inclosed paper (inclosure 2), which I delivered to the Russian plenipotentiaries at our next conference. You will observe that in making the proposal so modified, 1, in fact, exceeded, in some degree, the strict letter of your instructions by assigning to Russia the islands lying between Admiralty Island to the uorth and Duke of York and Prince of Wales islands to the south, but I entertained sanguine expectations that such a proposal, coupled with the concession of a line of coast extending 10 marine leagues into the interior of the continent, would have been considered as amply suffi- cient for all the legitimate objects Avhich Russia could have in view, and quite as much as she could pretend to with any shadow of real claim or justice. So far, however, from this being the case, my amended proposal was met at our next conference by observations which 1 again requested might be reduced to writing, and which will l)e found in the inclosed paper (Inclosure 3). As, in this paper, parts of the main continent to which Russia can not by possibility have ever acquired any claim, and of which Great Britain is at this moment actually in partial occupation, are offered to His Majesty in the light of concessions, it became necessary for me to reject any such offers as a boon in the most explicit terms, and you will find that I have not failed to do so in the inclosed paper (Inclosure 4), with which I replied to the paper in question. As, however. I felt strongly the importance of adjusting this business, if possible, at the present moment, and as I felt also that although the Russian plenipotentiaries had. in consequence of my foiiner remarks, agreed to waive altogether all question of national dignity in discuss- ing it. His Imperial Majesty might yet possibly feel an invincil)le repug- nance to retract from the pretensions advanced by the Emperor Paul in the charter given to the Russian-American Company in IIW (however unacknowledged by other powers such pretension might have been). I thought that I should not act in opposition to the spirit at least of mj^ instructions if, in deference to such a sentiment on the part of the Emperor, and with a view to finish the business quickly. I ventured to make yet one other proposition which, while it saved this point of dig- nity to Russia by gi\-'ing to her the fifty-fifth degree of latitude as her boundary upon the islands, might preserve also uninterrupted our 15(5 diplomatic; coreespondence access to the Pacitic Ocean, and secure to His Majesty the fifty-sixth doi»T(^e of north hititude as the British ))oundary upon the coast. The ])rop()sition by which I had hoped to etiect these objects will also be found in the paper (Inclosure 4), in delivering- which 1 g-ave it clearly to be understood that it contained my ultimate proposition. It was not till the day before ^^esterday, that is, nearly ten days after I had given in this paper, that I was invited to another conference, when I was informed that the Imperial Government had. after anxious consideration, taken theii' final decision, and that they must continue to insist upon the demarcation as descril)ed by them in the first paper (Inclosure 1). Finding- this to be the case, I repeated that I had already gone far ])eyond the utmost limit of my instructions, and that I was sorry to say that I must now consider our negotiations as necessarily sus- pended, so far at least as the question of territorial demarcation was concerned. Count Nesselrode then inquired whether I should object to transmit to my court the final decision of himself and M. ir*oletica as it is declared in the inclosed paper (inclosure 5), and whether I did not think that His Majesty's Government, seeing how slight our disagree- ment was, might not be disposed to furnish me with such further instruc- tions as would enable me to meet the views of the Russian Government, informing- me at the same time that it was intended to acquaint Count Lieven by the courier, who is to be dispatched to night to London, with the course which the negotiation had taken, and to instruct him to hold some conversation with you upon the subject. I told Count >sesselrode that I should, of course, feel it to be my duty to transmit this and all other papers connected with the negotiation to you without loss of time, but that I could not by any means take upon myself to say what might be the opinion of His Majesty's Government as to the pretensions so tenaciously adhered to b}^ the Imperial Govern- ment, further than by saying- that certainly they were such as had never been contemplated by my court in the instructions with which I had been as yet furnished, and that if a territorial arrangement per- fectly satisfactory to both parties could not now be made, it might po-^siblv he thought by my Government that our respective preten- sions might still remain without any serious inconvenience in the state in which they iiad t)efore stood, and that it would only be necessary for the i)resent to confine their attention to the adjustment of the more urgciit point of the maritime pretensions — a point which would not iidinit of ecjual postponement. In reply to this observation Count Nesselrode stated, to my extreme surprise, that if the territorial arrangement was not completed, he did not see the necessity of making any agreement respecting- the mari- time (|uestion; and 1 found myself most unexpectedly under the neces- sity of again explaining very distinctly, both to him and to M. Poletica, that the inaritiinc pretension of Kussia was one which, violating as it did the first and most estal)lished principles of all public maritime law, admitted neither of explanation nor modification, and that my Govern- ment considered themselves possessed of a clear engagement on the part of Russia to retract in some wav or other a pretension w hich could neitlier be justified nor enforced. Here the matter rested; but I ought to state that, notwithstanding- this unexpected observation of Count Nesselrode, I do not at all RELATING TO TREATY OF 1825. 157 believe that, had we l)een a])le to agree upon our southern line of demarcation, we should have found any real difficulty either as regards the retraction of the maritime pretension, or as regards our western boundary, or any of the other nnnor details which we should have lieen called upon to adjust; l)ut the observation was made, and considering what has already passed upon this su1)ject both here in London and in America, considering also the delicacy with which His Majesty had left it to the Russian Government themselves to frame the terms in which their retractation of this preposterous pretension should be made. His Majesty's Government may perhaps think it advisable that Count I^ieven should be again given clearly to understand that it is a point to wdiich no slight importance is attached by His Majesty, and that the pretension as it now stands will admit of no remedy but that of pul)lic, formal, and precise retractation in some shape or another. Such has been the course of nu' late negotiation upon this question, and such the grounds upon which I have thought it my duty to suspend it for the present. 1 know full well the inconvenience of breaking otf such a negotiation in such a stage and upon a point which, judging only by the map, might perhaps appear of so little real importance to His Majesty's present interests, l)ut when I consider by how much I have alreaily exceeded my instructions, how more than douV)tful is the real right of this Government to any part of the territory in most inunediate dispute, and how much more exorbitant are their pretensions upon the north- west continent of America than I had before had reason to suspect, I certainly could not venture to take upon m^'self the heavy responsibility of making any further concessions of a territory the value and possible local advantages of which I had no means of estimating, and which I believe are as 3^et so imperfectly known. It is somewhat remarkable that while the Russian pretension of maritime jurisdiction stands unrecalled among the ukases of the Imperial Government, a note such as that of which I herewith inclose a copy should have been addressed to me in the midst of our negotia- tions asking protection for a Russian ship to navigate in safety those ver}^ seas and visit those ver}' shores which the Court of Russia has b}' such high-handed decrees declared to be a part of her exclusive domin- ions; and a part, too, which the other powers of the world are forbidden to approach. I have not yet answered this note, but if I am pressed to do so before I can receive the instructions of His Majesty's Government in respect to it, I shall certainly grant the certificate required, as was done in a former and similar instance b}' Lord Cathcart. I have, etc., Charles Bagot. [Iiiclosure 1.] Com iter- Draft bii Russian Plenipotentiark's. Les proposition faites par les Plenij^otentiaires de Russie a Sir Charles Bagot, et que son Excellence a ete price de prendre en mure consideration, tendoienta faire admettre le SS*" degre de latitude septentrionale comme ligne de demarcation entre les possessions respectives sur la cote nord-ouest de rAmcri(|ue. Cette meme limite a deja ete assignee aux possessions Russes par la Charte que feu I'Enipereur Paul P"' accorda a la Compagnie Americaine. 158 DIPLOMATIC CORRESPONDENCE Comine le parallele du 55'' degre coupe I'ile du Prince de Galles dans son extre- mite mi'Tidionale, laissant en dehors deux pointes de terre, les Plenipotentiaires de Kussie out propose que ces deux pointes fussent comprises dans les limites Russes, voniant cviter par la une division de territoire egalement incommode aux deux par- ties interessi'es. . i. . ., , Pour completer la ligne de demarcation et la rendre aussi distincte que possible, les Plenipotentiaires de Rus-^ie out exprime le desir de lui faire suivre le Portland Canal jusqu'aux montagnes qui bordent la cote. De ce point, la liinite remonteroit le long de ces montagnes parallelement aux sinuositi'-s de la cote, jusqu'a la longitude du 139 degre (meriden de Londres), degre dont la ligne de prolongation vers le nord formeroit la liniite ulterieure entre les possessions russes et angloises au nord, comme a Test. Le mutit principal qui force la Russie a insister sur la souverainete de la lisiere indiquce plus haut sur la terre ferme depuis le Portland Canal jusqu'au point d'inter- section du (50° avec le 139° de longitude, c'est que, privee de ce territoire, la Com- pagnie Rus8?-Ami'ricaine n'auroit aucun moyen de soutenir les etablissemens qui seroient dcs lors sans point d'appui, et qui ne pourroient avoir aucune solidite. En revanche la Russie se feroit un devair d'ouvrir aux sujets de Sa Majeste Britan- nique la libre navigation de tons les fieuves qui aboutissent a 1' ocean dans cette meme lisiere. Pour donner une derniere preuve de son empressement ii alter au devant des voeux du Gouvernement Anglois, elle ouvriroit aussi au commerce des sujets de Sa Majeste Britanni(jue et a leurs vaisseaux le port de Novo-Archangelsk, dans le cas ou les jiropositions ci-dessus seroient acceptees. [Inclosure 1. — Translation.] Counter draft by Russian plenipotenllark's. [Date as shown by Russian Archives, 12 (24) February, 1.S24.] The proposals made 1)y the Russian plenipotentiaries to Sir Charles Bagot, and which his excellency has l)een asked to take into careful consideration, aimed at having the fifty-fifth degree of north latitude accepted as the line of demarcation between tlie respective possessions on the northwest coast of America. This same boundary has already been assigned to the Russian possessions by the charter which the late Emperor Paul I granted to the American Company. As the i)arallel of the fifty-fifth degree cuts the southern extremity of Prince of Wales Island, leaving two points of land outside the line, the plenipotentiaries of Russia have proposed that these two points be comprised within the Russian limits, wishin.i; thereby to avoid a division of territory, which would be equally inconvenient to the two interested parties. To complete the line of demarcation and render it as distinct as possible, the pleni- potentiaries of Russia have expressed the desire to make it follow Portland Channel up to the mountains which border the coast. From this point the boundary would ascend along those mountains, parallel to the sinuositie." of the coast, as far as the one hundred and thirty-ninth degree of longi- tude (meridian of London), the line of which degree, prolonged northward, would form tiie ulterior limit Ijetween the Russian and English possessions, to the north as well as to the east. Tile prinri|ial nKjtive which constrains Russia to insist upon sovereignty over the above-indicated lisiere (strip of territory) upon the mainland (terre ferme) from Portland Channel to the point of intersection of 60° latitude with 139° longitude is that, dei>rived of this territory, the Russian-American Company would have no mean.s of sustaining its establishments, which would therefore be without anv sup- port ( point d'appui) and could have no solidity. In return, Russia would make it a duty to open to the subjects of His Britannic Majesty the free navigation of all the rivers which empty into the ocean through the said hsiere. To give a final proof of her desire to anticipate the wishes of the English Govern- ment, she would also open to the trade of the subjects of His Britannic Majesty and to tiieir vessels the port of Xovo-Archangelsk in case the above proposals are accepted. [Inclosure 2.] Amended Proposal by Sir C. Bagot. Comme il a ete convenu de prendre pour base de negociation les convenances mutuellea des deux pays, il est a remarquer, en reponse a la proposition faite par les RELATING TO TREATY OF 1825. 15y Plenipotentiaries Russes, (ju'iuie ligne je de ce principe, c'est d'empecher que les Etablissemens respectifs sur la cote nord-ouest ne puissent se nuire les uns aux autres et entrer en collission. Lej^ Etahlissemens Anglois de la Compagnie de la Bale de Hudson et du Nord- Ouest tendent a se porter vers I'ouest par les 53*= et Si'' degre de latitude septen- trionale. Les Etahlissemens Russes de la Compagnie Americaine tendent a descendre au sud vers le 55 '■ parallele, et an dela, car il est a remarquer que si la Compagnie Americaine n'a point encore forme d'Etablissniens fixes sur la ligne mathematique due 55 "^ degre, il n'en est pas moins vrai qu'en vertu de son privilege de 1799, privilege contre lequel aucune Puissance n'a jamais reclame, elle exploite la chasse et la peche dans ces parages, et que reguliC'rement elle occupe les lies et les cotes avoisinantes dans la saison qui lui permet d'y envoyer ses chasseurs et ses pecheurs. II etoit done de la convenaiice mutuelle des deux Empires d'assingner de justes limite- a des progrcs reciproques qui ne pouvaient qu'occaisonner avec letemps les plus facheuses. II etoit aussi de leur convenance mutuelle de determiner ces limites d'apres les sepa- ratons naturelles qui forment toujours les frontieres les plus distinctes et les plus certaines. C'est par ces raisons que les Plenipotentiaires de Russie ont propose pour limites sur la cote du continent au sud le Portland Channel, dont I'origine dans les terres est par le 56 "^ degre de latitude nord, et a Test la chaine de montagnes qui suit a une tres petite distance les sinuosites de la cote. D'apris les cartes les plus recentes et les meilleures publiees en Angleterre, les Etahlissemens de la Compagnie de la Bale de Hudson ne se rapprochent des cotes que par le 53'^ et le 54' degre, et Ton ne sauroit prouver que sur aucun point ils arrivent jusqu'au grand ocean. Cep?ndant, d'apres le principe des convenances mutuelles, le projet d'arrangement des Plenipotentiaires de Russie laisse ouverts il I'extension successive des Colonies Anglaises: 1. Toute la partie de la cote situee entre Tembouchure du Portland Channel et le 51"^ degre de latitude nord, envisagee comme limite des possessions russes dans I'oukase du 4 (16) septembre 1821. 2. Tout le territoire situe entre les etahlissemens anglois au 5-i'' parallele et I'origine du Portland Channel, qui est au 56'' parallele. 3. Tout le territoire situe derriere la chaine de montagnes dont 11 a ete question ci-dessus, jusqu'au point d' intersection du 139" degre de longitude, meridien de Cireenwich. Les Plenipotentiaires de Sa Majeste Imperiale, pr^voyant meme le cas ou, sur la llsiere ile la cote qui appartiendroit a la Russie, 11 se trouveroit cles fienves au moyen des(iuels les Etahlissemens Anglois pourroient communiquer avec 1' Ocean, se sont empresses d'offrir, par une stipulation eventuelle, la libre navigation de ces fieuves. lis ont, en outre, announce a son Excellence Sir Charles Bagot que le port de Xovo- Archangelsk sera ouvert au commerce des sujets de Sa Majeste le Rol de la Grande- Bretagne. D'autre part, les Plenipotentiaires de Russie ont I'honneur de lul observer Itera- tiveiuent, que sans une lisiere sur la cote du continent a partir du Portland Channel, les Etal)lissemens Russes des ilesdu voisinage n'aurolent aucun point d'appni; qu'ils seroient a la merci de ceux que des etrangers formeroient sur la terre ferme, et que tout arrangement semblable, loin d'etre fonde sur le principe des convenances ".'"^!^*; '*^-'' "6 presenteroit que des dangers a I'une des Parties et des avantages exclu- SHs a r autre. On ne parlera point ici des deux pointes de Pile du Prince de Galles, qui sont Bituces au-depsf)us de la ligne du 55" degre de latitude nord. Ces deux pointes ne ■■'■ ■ - - - -,jjg recl- ,, . , . , .. I J • ^- projet que les Plenipotentiaires de Sa -Majeste Imperiale ont remis a Sir Charles Bagot, et sur la teneur duquel ils ne peuvent qu uisister. lis esperent au reste, que les intentions qui ont dicte ce projet sennit appreciees taut i.ar 1 Ambassadeur de Sa Majeste Britannique que par son Gouvernement. RELATING TO TREATY OF 1825. 161 [Inclosnre 3. — Transliition.] Observdfions of Rusmm plenipoteniiaricn on Sir C. BagoVs amended proposal. The motive which caused the adoption of the principle of mutnal expediency to lie proposed, and the most important advantage of this principle, is to prevent the respective establishments on the northwest coast from injuring eacli other and entering into collision. The English establishments of the Hudson's Bay and Northwest companies have a tendency to advance westward along the 53^ and 54° of north latitude. The Russian establishments of the American Company have a tendency to descend southward toward the tifty-tifth parallel and beyond, for it should be noted that, if the American Company has not yet made permanent establishments on the mathe- matical line of the fifty fifth degree, it is nevertheless true that, by virtue of its privi- lege of 1799, against which privilege no power has ever protested, it is exploiting the hunting and the rishing in these regions, and that it regularly occupies tlie islands and the neighboring coasts during the season whicli allows it to send its hunters and fishermen there. , It was, then, to the mutual advantage of the two Empires to assign just limits to this advance on both sides, which, in time, could not fail to cause most unfortunate complications. It was also to their mutual advantage to fix these limits according to natural par- titions, which always constitute the most distinct and certain frontiers. For these reasons the plenipotentiaries of Russia have proposed as limits upon the coast of the continent, to the south, Portland Channel, the head of which lies about (par) the fifty-sixth degree of north latitude, and to the east the chain of mountains which follows at a ver}' short distance the sinuosities of the coast. According to the most recent and best maps published in P^ngland the establish- ments of the Hudson Bay Company approach the coast only along the fifty-third and fifty-fourth degrees, and it can not be proved that they reach the Great Ocean at any point. Nevertheless, governed by the principle of mutual acciommodation, the plan pro- posed by the plenipotentiaries of Russia leaves open to the future expansion of the English colonies — 1. All that part of the coast situated between the mouth of Portland Channel and the fifty-first degree of north latitude, which was regarded as the limit of the Russian Ijossessions in the ukase of September 4 (16), 1821. 2. All the territory situated between the English establishments on the fifty-fourth parallel and the head of Portland Channel, which is at the fifty-sixth parallel. 3. All the territory situated behind the chain of mountains, in regard to which there has been dispute hitherto, to the point of intersection of the one hundred and thirty-ninth degree of longitude, meridian of (Treenwich. The plenipotentiaries of His Imperial ]Majesty, foreseeing even the case of there being found on the lisicre of the coast which should belong to Russia rivers by means whereof the English establishments might be able to communicate with the ocean, have hastened to offer, by a contingent stipulation, the free navigation of such rivers. They have further informed His Excellency Sir Charles Bagot that the port of Novo- Archangelsk will be opened to the trade of the subjects of His Majesty the King of Great Britain. On the other hand, the plenipotentiaries of Russia have the honor to repeat to him that without a lisiere upon the continental coast, starting from Portland Channel, the Russian establishments on the islands in the vicinity would have no support (point d'appui); that they would be at the mercy of the establishments which strangers might form upon the mainland, and that any such arrangement, far from being founded upon the principle of mutual accommodations, would but offer dangers for one of the parties and exclusive advantages for the other. No reference will be made here to the two points of Prince of Wales Island, situ- ated below the line of 55° north latitude. These two points can be of no service to Great Britain, and if nine-tenths of Prince of Wales Island belongs to Russia, it is clearly to the interest of l)oth parties that the entire island should belong to her. This brief statement will suffice to vindicate the draft which the plenipotentiaries of His Imperial Majesty sent to Sir Charles Bagot, and upon the tenor of which they are compelled to insist. They further hope that the sentiments which originated this draft will be appre- ciated both by the ambassador of His Britannic, Majesty and by his Governnient. 21528—03 IS 1(52 DIPLOMATIC CORRESPONDENCE [Iiu-losure 4.] Jiepl;/ hij ^ir V. Bagot to Obserratioits of Russian Plenipotentiaries. T.a (U'couverte ou la simple occupation de quelques iles situees sur la cote d'un con- tinent ne peutdonner ancun droit a lasouverainete de la terre ferme voisine, principe (jui n'e^t pa?i nioins fonde sur I'opinion reconnue des juristes les plus celebres, que sur rusa^re universellement observe entre les nations. D'apres ce principe,. Sir Charles Bagot a constaniment soutenu dans les Conferences (|u'il a eu I'honneur d'avoir avec les Plenipotentiares de Russie, que 8a Majeste Britanni<|ue ne sauroit adniettre que les droits de la Russie sur la cote nordouest du Continent d'Amerique puissent s'etendre vers le midi sur ce continent au dela du point ou la Russie aura actuellenient forme des Etablissemens. II n'a jamais et''^ affirme par les Plenipotentiaires de Sa Mejeste Impi'riale que la Russie posscde des Etablissemens quelconques sur la terre ferme au sud du 60'^ ou 59^' degrc de latitude nord, mais ils out declare que, privee d'une lisiere sur la terre ferme.'^la Compagnie Russe-Americaine n'auroit aucun moyen de soutenir ses Esta- blissemens sur les iles, qui serioent des lors sans point d'appui et ne pourrioent avoir aucnne solidite. * Tout argument fonde sur la consideration de la convenance pratique de la Russie ne jiouvoit etreque du i)lus grand poids, et la Plenipotentiaire de Sa Majeste Bri- tannicjue n'hesita ])as d'al)andonner, en consequence de cette observation des Pleni- potentiaires de Russie, la ligne de demarcation (ju'll avoit d'abord proposee, savoir celle (|ui devoit passer par le milieu de Chatham Straits jusqu'a Textrtmite septen- trionale de Lynn Canal et de la a Mont Elias, ou A I'intersection du 140*^ degre de longitude, et d'en proposer une autre qui assureroit ii la Russie non seulement une lisiere sur le continent, vis-a-vis del'fitablissementele plus meridional qu'ellepossede sur les iles, mais qui lui assureroit aussi la possession de toutes les ileset les eaux qui ravoisinent, ou qui se trouvent plactes entre cet Etablissemente et la terre ferme, la possession entin de tout ce qui pourroit devenir, par la suite, de quelque utilete, ou pour sa solidite ou jjour sa prosperite. ^lais le Plenipotentiaire de Sa Majeste Britannique ne peut as admettre que la Russie accorderoit ou assureroit a Sa Majeste Britannique un nouvel avantage par sa renonciation ii la partie de la cote situt'e entre I'embouchure du Portland Canal et le degre de latitude envisage comme limite des possessions Rosses dans I'Oukase de 1821, ni meme par sa renonciation A toute partie du continent au midi des Etablissemens (jui y out ete deja formt'es; car, quand meme Sa Majeste Britannique eut jamais reconnu ce degre de latitude comme forniant la ligne de demarcation en autant qui'il regarde les iles, el ne pourroit, d'aprC-s le principe enonce plus haut, I'avoir reconnu comme limite sur le continent voisin, sur lequel la Compagnie de la Baie de Hudson avoit deja ctabli {)lusieurs de se ses postes les plus importants. Cette Compagnie a en effet des Etablissemens meme pres de la cote, au nord du So" degre; Sa Majeste Britannique ne pourroit done sans sacritier les interets de la Compagnie renoncer a ses droits a la souverainete de la cote, et des iles qui en dependent immediatement, jusija'a la hauteur de "16" StV de latitude nord, quel que soit le degre de latitude que I'on pourra detinitivement convenir de prendre pour imite entre les deux Puissances, en autant qu'il concerne les iles situees plus a I'onest. 1 L'origine du Portland Canal puet etre, comme il y a lieu de croire, I'embouchure eyond the point where Russia has actually formed establishments. It has never been affirmed by the plenipotentiaries of His Imperial ^Majesty that Russia possesses any estaljlishments whatever on the mainland (terre ferme) south of the sixtieth or fifty-ninth degree of north latitude, but they have stated that, if deprived of a strip (lisicre) on the mainland, the Russian-American Company would have no means of maintaining its establishments on the islands, which would then be without a support (point d'appui), and could have no substantial footing. Any argument founded on the considei'ation of the practical advantage of Russia could not fail to have the greatest weight, and the plenipotentiary of His Britannic Majesty did not hesitate to give up, in consecjuence of this observation of the Rus- sian plenipotentiaries, the line of demarcation which he had first jjroposed, to wit, one passing along the middle of Chatham Straits as far as the northern extremity of Lynn Channel, and thence to ]\Iount P^lias, or to the intersection of the one hun- dred and fortieth degree of longitude; and to offer another which M'ould secure to Russia, not only a strip on the continent, opposite the southernmost establishment which she possesses on the islands, but also the possession of all the islands and waters in its vicinity or which are situated between that establishment and thenjain- land (terre ferme); in short, possession of all that could in future be of any service, either to its stability or its prosperity. But the plenipotentiary of His Britannic Majesty can not admit that Russia would grant or secure to His Britannic Majesty a new advantage by her renunciation of that part of the coast located between the mouth of Portland Channel and the degree of latitude regarded as the boundary of the Russian possessions in the ukase of 1821, or even by her renunciation of all parts of the continent south of the establishments which have already been formed there; for, even if His Britannic Majesty had ever rei-ognized that degree of latitude as constituting the line of demarcation so far as the islands are concerned, he could not, according to the prin- ciple above stated, have recognized it as the boundary on the neighboring continent, on which the Hudson Bay Company had already established several of its most important posts. This company has in fact establishments even nearer the coast north of the fifty- fifth degree; His Britannic Majesty can not, therefore, without sacrificing the inter- ests of the company, renounce his rights of sovereignty over the coast and the islands directly dependent thereon, as far as 56° 30^ of north latitude, whatever degree of latitude it may he finally decided to accept as the boundary between the two powers in so far as relates to the islands located farther west. The head of Portland Channel may be, as there is reason to believe, the mouth of some river flowing through the midst of the country occujiied by the Hudson Bay Company, and it is, consequently, of great importance to Great Britain to possess the sovereignty of the two shores thereof. It was in the hope of being able to reconcile these indisjjensable objects with those of the Imperial Government, and to decide without further delay a question which it appeared to be equally to the interest of both parties to settle roposed by his Britannic ^Majesty's plenipotentiary as far as Mount Elias or to the intersection of the 140th degree of longitude, would form a line of demarcation which 164 DIPLOMATIC CORRESPONDENCE would conciliate the mutual convenience of the two parties, and which would perhaps satisfactorily a^^sure the reciprocal interests, both present and future, of the two empires in that part of the globe. [Incldsuro r>.J Final decision, of Eussiait plt-nipotentiaries. Les Pk'nipotentiaires de Russie ont portc a la i-onnoissance de rEm]iereur, leur Maitre, les dernieres propositions qui leur ont etc faites par Sir Charles Bagot, rela- tivement a la ligne de demarcation qui separeroit les jiossessions Russes des posses- sions Angloises sur la cote nord-ouest du Continent de I'Amerique. Attentivenient examinees par Sa Majeste Imperiale, ces propositions ne lui ont point paru de nature a pouvoir etre acceptces. L'Emjiereur charge ses Plenipotentiaires de di'darer itcrativement a M. I'Ambas- sadeur d'Angleterre: Que la possession de I'lle du Prince de Galles, sans une jwrtion de territoire sur la cote situee vis-a-vis de cette ile, ne pourroit etre d'aucune utilite a la Russie. Que tout Etabli-ssement forme sur la diteile, ou sur celles qui I'environment, se trouverait en quelque sorte tourne par les Etablissemens Anglois de la terre ferme, et complettement a la merci de ces derniers. Qu'en consequence un arrangement semblable ne serait nullement conforme au principe des covenances mutuelles. Qu'au reste, d'aprcs le temoignage des Cartes les plus, recentes publiees en Angle- terre, il n'existe aucun Etablissement Anglais ni sur la cote meme du continent ni au nord du 54° de latitude septentrionale. Qu'ainsi, quand les limites tixees aux possessions Russes par la Charte de 1799, n'auraient point en leur faveur depuis vingt-cinq ans le consentement tacite de toutes les Puissances, encore la Russie exerceroit-elle sur cette partie de la cote j>re- cisement les memes droits que la Grande-Bretagne, d'ou il re.sulte que la question devrait toujours etre resolue, non d'apres les interets exclusifs d'un des deux Empires, mais de maniere a concilier leurs interets reciproques. Qu'entin, quant a la navigation des tleuves, la Russie croyait avoir offert a la Grande-Bretagne tons les avantages et toutes concessions que celle-ci pent desirer. Et que dans cet etat de choses les Plenipotentiaires de Sa Majeste Imperiale avoient ordre d'insister sur leurs propositions antcrieures, propositions dont ils ont ample- ment developpe les motifs a son Excellence ^I. le Chevalier Bagot. L'Empereur espere que ces motifs seront apprecies par le Gouvernement de Sa Maje.ste Britannique, et que M. I'Ambassadeur d'Angleterre les fera valoir avec ce desir de rapprocher les opinions respectives qu'il a mauifeste dans tout le cours de cette negociation. Sa Majeste Imperiale est au regret de ne pas la voir terminee des a present; mais elle se flatte (|ue les resolutions definitives du Cabinet de Londres empecheront sans doute ces pourparlers de demeurer st^ riles. St. Pi5:tersboukCt, le 17 {29) Mars, 1834. [Inclosure 5. — Translation.] Final decision of Russian jileiii})oteii1i(n'ies. The jilenipotentiaries of Russia have brought to the knowledge of the Emperor, their master, the last proposals which were made to them by Sir Charles Bagot in regard to the line of demarcation which should separate the Russian possessions from the English possessions on the northwest coast of the American continent. After lieing carefully examined 1)y His Imperial Majesty, these jiroposals do not seem to him to be of such a nature that they can be accepted. The Emperor charges his plenipotentiaries to repeat to the ambassador of Eng- land — That the possession of Prince of Wales Island without a slice (portion) of territory upon the coast situated in front of that island could be of no utility whatever to Russia. That any establishment formed upon said island or upon the surrounding islands would find itself, as it were, flanked by the English establishments on the mainland and completely at the mercy of these latter. RELATING TO TREATY OF 1825. 1()5 That, in ronsetiuenoe, s^uch an arrau^enicnt could not in any wise conform to the principle of mutual accommodation. That besides, according to the testimony of the most recent maps published in England, no English establishment exists either on the coast of the continent itself or noi'th of the 54th degree of north latitude. That thus, even if the boundaries fixed for the Russian possessions by the charter of 1799 had not in their favor the tacit consent of all the powers for the past twenty- tive years, Russia wduld yet exercise, on this i>art of the coast, precisely the same rights as Great Britain, from which it results that the (juestion would always liave to be decided, not according to the exclusive interests of one of the two empires, Ijut in such a way as to reconcile tlieir mutual interests. That finally, as to the navigation of the rivers, Russia believed that she had offered to Great Britain all the advantages and concessions that the latter could desire. And that, in view of this state of things, the plenipotentiaries of His Imperial Majesty had received orders to insist upon their previous proposals, the reasons for which proposals they had fully exi)lained to His Excellency Sir Bagot. The Emperor hoi:ies that these reasons will be apjireciated by the Government of His Britannic ^lajesty, and that the ambassador of England will give them their proper weight, with tiiat desire to reconcile the respective opinions which he has displayed throughout the course of these negotiations. His Imperial Majesty regrets not to see them terminated at the present time, l)ut he is pleased to believe that the final decisions of the London cabinet will prevent these discussions from being barren of result. St. Petersburg, March 17 {-29), 1824. [Inclosiire 6.] Memorandum. La Compagnie Russe-Americaine a cte niunie a differentes epociues de la part des Missions etrangeres accreditees pres la C'our Imperiale de Russie de certificats destines a assurer appui et protection aux navires que la dite Societe dirige vers les contrees soumises a la domination des Puissances amies. Sachant apprecier tons les avantages d'une assistance aussi efficace, la Compagnie vient de s'adresser au Ministere Impt'rial dans le but d'obtenir par son intervention une lettre de protection d'usage pour le vaisseau "Helcne," commande par le Lieu- tenant de la Marine Tchistiakoff. Ce batiment, dont la destination est de porter des provisions aux Colonies de la Compagnie, s'occupera en meme tems de recherches scientifiques dans les parages vers lescjuels il dirige sa course. En consequence, le Soussigne a I'honneur de prier son Excellence M. le Chevalier h(s Semenovitch Mordvivof. [Translation.] [Written from St. Petersburg April 11, 1821.1 My Gnu'iou8 Sir, Nicholas Semenovitch: 1 had the felicity of .sul)- inittiiio- to the notice of his Imperial Maje.sty the de.spatch of your hioh Excellency of the 20th February of the present year, in which you expre.ss your opinit)nre.spectinothe rights of the Russian -American Company to the possession of some parts of the north-western coast of Amei'ica, and respecting the conditions for terminating the dispute which has arisen respecting the extent of these possessions. His Majesty having favourably received the same, deemed your reasons worthy of his Imperial attention, which, as is known to vour high ExcelltMicy. carefully directed to everything that coneei'ns the preservation of the legal interests of Russian subjects, and those espe- cially which, by entei'prise and hibour, conduce to the extension of national industry, and consequently to the increase of general pros- l)erity in the Empire. The Emperor recollects with pleasure every- thing that has been done by our bold mariners in the discovery of islands and coasts of America. Their elforts and successes, even their los.ses and dangers when settling in places hitherto unknown, and wdiere they fii'st extracted the riches of Nature for the benetit of all civilized mankind, have undoubtedly given us the right of ol)taining advantages cominensurate with them, and the Ministry of His Majesty will, neither during the present negotiations, nor yet at any other time, lose sight of then). But while endeavouring to protect interests laboriously established, and even secure new advantages by all allowable means, it must not be foi-gotten that there may exist other most important necessities and interests of State which impose very grave duties on the Government. To you. Sir, as a man ac(|uainted with every branch of the science of government, I consider it superfluous to explain that the greater or sniall(>r utility of desiral)le ac((uisitions cannot serve as a guide in political negotiations. AVhat the Ministry of His Imperial Majesty will tenaciously follow is the principle of vvV////. and there where it caniiot with accuracy be recognized or defended without inordinate sacritices in its entiiety. it is necessary to take into consideration not only the degree of nnitual demands, biit also the degree of po-ssibility of attaming the objects of the .same without anv dangerous strain of strcno-th. ■ ^ RELATING TO TREATY OF 1825. 167 Without this it is impossiljlo to expect success in negotiations, and these rules have served as guides for the Plenipotentiaries appointed by His Imperial Majest}" for negotiating respecting the aft'airs of the Kussian- American Compan}'. By rights of tirst discovery, and by that which is still more real, the tirst establishment of habitations and human activity', our Cabinet demands possession both of the islands and the western coast of America from the furthest north to the 55th degree of latitude; but Great Britain, on her part, represents the rights of the Hudson's Bay Company, whose trading posts or refuges, penetrating further and further into the interior of the lands, have nearly reached the north-western coast, on about the same parallel. The bases of these mutual pretensions are similar in character; at the same time it nmst be foreseen that out of the misunderstandings now arising disagreeable consequences ma}^ in time ensue, and prudence demands that the interests of both parties should be quickly reconciled. For this only one expedient presents itself: to establish at some dis- tance from the coast a frontier-line which shall not l)e infringed by our establishments and trappers, as also by the hunters of the Hud- son's Bay Company. The Plenipotentiaries on both sides equall}" rec- ognized the necessity of this measure; but the width of the coast-line necessary for the safe existence and consolidation of our Colonies, the direction of the frontiei", and even its starting point on the Continent of America, still form subjects of negotiation, and the British Ambas- sador has declared that for continuing them he must seek new instruc- tions from his Court. I shall not repeat that in these negotiations with England we took, and will continue to take, into equal consideration on the one side the requirements and interests of the establishments of the Russian- American Company, and, on the other, the degree of its rights of possession in the interior of the Continent of America, and the measure of the methods for lirndy securing to the Company the possession of these territories. As 1 have said above, for the peaceful existence of our Colonies more than all is it necessary to determine with accuracv the frontier, the extent of the country between the coast, and this frontier must be sufficient and be in correspondence with the condition to what these establishments will, in all proba1)ility, in time attain, and l)v their means of own defence. Here, gracious Sir, you will allow me to observe that to extend oui- pretensions to the interior of the Continent of America to the middle of the Rocky Mountains, we have neither the right nor the possibility; such pretensions may merely l)e the cause not only of disputes, but also of other most disagreeable events; and, as it would appear to me, there is no visible advantage in this fictitious extension of our confines. Independent of the circumstance that the land in those places is almost sterile, ati'ords no corn-lields, which, in the opinion of your high Excellency, are necessary for a Colony, is hardly able to produce good food-products, and that the principal pursuit of our settlers con- sists in the ca})ture of marine and not land animals, it is necessary to bear in mind that in accordance with contemplated plans these Settle- ments, after the line of frontier has been fixed, will acquire recognized and undisputed possession of a consideral)ly extensive zone of countr}', and, moreover, that when there are no disputes respecting 1)Oundaries the neighbourhood of civilized people, far from ])eing harmful, is 1(38 DIPLOMATIC CORKESPONDENCE advtintao-eous to a Colon}', as, in ease of necessity, new means of obtaining- food supplies are established. How can it be supposed that, owing- solely to such propinquity, we shall be obliged, abandoning- the islands and coast occupied by us, to retire to thcT 60th degree ? Such were the Emperor's own comments on the perusal of your high P^xcellency's despatch; one place in par- ticular attracted the attention of His Majesty: it was that in which you. gracious Sir, asserted that, in consequence of the demands of 'England. Russia will be obliged to surrender to the former many natives of America who have been converted by us to Christianity. To lose subjects who have voluntarily subjected themselves to his sceptre, and are sons of the Russian Church, would, of course, always be regretted by our noble-minded Monarch; but, according to all the information I have gathered, it appears that neither along the coast, below O.J degrees, nor yet in the interior of the country at a great dis- tance fi'om the sea. are there any Settlements of the Company, nor any natives professing the Kusso-Greek faith; at the same time our appre- hendt>d retirement to the north is, I venture to opine, not very probable. Having thus denoted (as far as the secrecy necessary in diplomatic negotiations permitted) the present position of our negotiations with England. I hasten to inform your high Excellency and the whole Board of Management of the Compau}' that the other negotiation concerning- its atlairs with the North American Republic has been brought to a conclusion, and with the success desired. The Convention concluded on the 5th April, IS'24. and herein inclosed in copy for your informa- tion, contains the ratified conditions mutually consented to, and these are, in my opinion, reciprocally and completely satisfactory. In Article HI the United States recognize the sovereign power of Russia over the western coast of America, from the Polar Seas to 5i iO' of north latitude; while we, on our part, promise not to found Settle- ments l)elow this parallel, as a matter of course only in those places and without extending- this provision to the Colony of Ross, far distant to the south. By Article H the States bind themselves not to allow their citizens and sul)jccts to land at Russian Colonies without the distinct permis- sion of the local authorities. Article I provides that Americans will not sell to the wild natives of the region belonging to us either strong- liquors, so ])aneful to those ignorant people, or. which is of still greater importance, weapons of any kind. In this manner, after fif- teen yeai-s of long-protracted and fruitless endeavours, having now hai)pily attained the object of a difficult negotiation, we have for ever i-<'iiio\cd the chief cause of those disorders, quarrels, and bloodshed which have hitherto prevailed in that region, I would go further, and say that l)y this, perhaps, the first solid foundation has been laid to the peaceful existence of our Colonies. In Article IV we allow the American States, though for no longer than ten years, to trade and fish in places within our dominions: to this proviso, so advantageous to them, our Cabinet was obliged to con- sent on two considerations of equal cogenev. Firstlv, because the Cioveriinient of tiie North American Republic— not w'ithout founda- tion -(Imianded renumeration for the verv considerable advantage afforded us under other stipulations of the Convention, especiallv by the coiiditions of Article V. Secondly, because the Americans have aln-ady tor many years past carried on this trade and fishing, which KELATING TO TREATY OF 1825. 169 the Company to the pre.sent time cannot find means to oppose: and, of course, it is more reprehensil)le for the Company to allow them to benefit by these pursuits as they have hitherto done h}\ as it were, a natural and an indet'easil)le right, than that they should carr}' them on by permission granted them by us in a solemn Convention, as through this the Americans as solemnly recognize that after the expiration of the few prescribed years we shall have the legal right to prohibit both trade and fishing in this region. His Majesty the Emperor deigned to approve all the stipulations of the Convention, in which, so far as possible, are reconciled the demands and interests of both Contracting Parties. Having carefully examined this instrument, we have almost come to the conclusion that by means of it our Colonies are the greater gainers. It is in a certain sense the commencement of their political existence and safety, inasmuch as now. for the first time, aredetermined their relations to foreign States. The importance of this is evident, and the members of the Russian- American Company will undoulitedly appreciate in the fullest measure this new great benefaction of their august Patron, who so indefati- gably labours for their good by protecting the rights of his beloved Russian subjects not only with all the might of our Empire, but b^^, perhaps, for him more precious power, that of respect and confidence which the undeviating course of his policy serves to instil into all Governments and nations of the civilized world. I have the honour to be, with perfect respect and similar devotion, your high Excellencys obedient servant, The original is signed by — Count Nesselrode. April 11. 1821. Count Xessdrode to Count Lieven. Saint-Pete RSBOURG, le 5 17 Avril, 182Ii,. M. LE Comte: Par mes depeches du 17 de ce mois, j'ai fait connoitre a votre Excellence les resultats peu satisfesans de nos negociations avec Sir Charles Bagot, relatives aux frontieres qui doivent separer les possessions Russes des possessions Angloises par la cote nord ouest de TAmerique. Aujourd'hui, M. le Comte, je vous developperai les motifs qui ne nous ont pas permis d'accepter les propositions de TAmbassadeur d'Angle- terre. Pour ne pas entrer sans necessite dans de trop longs details, je me bornerai ti discuter ici le point de la question sur lequel nous n'avons pu tomber d'accord. L'oukase du 1 (16) septembre 1821 avoit porte jusqu'au 51^ de lati- tude septentrionale les limites des domaines de la Russie sur la cote nord-ouest du continent americain. Cependant TEmpereur s'etant convaincu que presquTi la meme epoque la Compagnie Angloise de la Bale d'Hudson avoit forme des etablissemens par les .53^ et 51^ de lati- tude septentrionale, et que ces etablissemens n'etoient meme plus tres eloignes de la cote, nous autorisa Ti donner, des Touverture des nego- ciations, une preuve de ses intentions conciliantes, en declarant a Sir Charles Bagot que nous nous tiendrions aux limites assignees a nos 170 DIPLOMATIC CORRESPONDENCE possessions americaines par la charte de rEmpereiir Paul, qii'en con- sequence la lio-nc du 55" deg-re de latitude septentrionale constitueroit au niidi la froTitiere desEtats de Sa Majeste Imperiale, que sur le con- tinent et vers Test, cette f rontiere pourroit courir le long des montagnes qui suivent les sinuosites de la cote jusqu'au Mont Elie, et que de ce point jusqu'a la Mer Glaciale nous lixerions les bornes des possessions respectives d'apres la ligne du 140" degre de longitude ouest meridien de Greenwich. Atin de ne pas couper Tile du Prince de Galles, qui selon cet arrange- ment devoit rester a la llussie, nous proposions de porter la frontiere nieridionale de nos doniaines au 54"^ 40' de latitude et de la faire aboutir sur le Continent au Portland Canal, dont rembouchure dans TOcean est a la hauteur de File du Prince de Galles et I'origine dans les terres entre le 55^ et 56^ de latitude. Cette pro])osition ne nous assuroit qu'une etroite lisiere sur la cote meme, et elle laissoit aux Etablisseuiens Anglois tout Tespace neces- saire pour se multiplier et s'etendre. Vous verrez, M. le Comte, par les pieces ci-jointes, qu'en outre nous annoncions Tonverture du port de Novo-Archangelsk et que nous pro- mettions la libre navagation des tieuves qui se trouveroient sur notre territoire. Apres quelques discussions, les dernieres contre-propositions de Sir Charles Bagot furent de comprendre toute Pile du Prince de Galles dans les possessions de la Russie, mais de stipuler que notre frontiere suivroit de cetti> lie la passe dite Duke of Clarence's Sound, et (juVlle n'aliouti- roit a la cote qu'au-dessus du 56- de latitude septentrionale. [Cette ditierence, si on la considere sur la Carte, paroit insignifiante au premier coup d'(eil; elle est neanmoins si essentielle pour nous, qu'il nous est al)s()lument impossible d'adherer au plan de demarcation trace par le Plenijiotentiaire de Sa Majeste Britannique.] Nous lui avons expose, dans notre reponse a sa seconde notre verbale et dans notre replique du 18 Mars, des considerations que nous ne pouvons perdre de vuc et qui nous semblen.t decisives. L'P^mpereur vous charge, M. le Comte, d'inviter le Cabinet de St. James a les peser avec la plus mure attention, et Sa Majeste se flatte qu\\ la suite d'an exanien inq)artial il s'enipressera lui-meme de reconnoitre combien nos raisous sont graves et legitjmes. Vm premier lieu, aucun Etat n'a reclame contre la Charte de TEmpe- reur Paul, et ce silence universel pent et doit etre envisage comme une recomiaissance de nos droits. On nousobjecte que nous n'avons pas forme d'Etablissement stables sui- la cote nord-ouest au dessous du 57^ de latitude. Cela est vrai, mais dans la saison de la chasse et de la peche la cote et les eaux avoisinantes sont exploitees par notre Compagnie Americain(> l)ien au dcla du 55 et du 54- parallMe. Ce genre d'occupation est le seul dont yes parages soicnt susceptit)les, on du moins le seul qui soit necessaire lors(iu'uii pmi plus au nord on a fondc et organise des Colonies. Nous somines done pleinement en droit d'insister sur la continuation d'un benehce (|ue notre commerce s'est assure des Tannee I79'a, tandis que les Conq)agnies Angloises de la Bale d'Hudson et du Nord-Ouest ont a peine attemt depuis trois ans le voisinage de ces latitudes, tandis qu elles n occupent encore aucun point qui louche a Tocean, et qu'il est notoii-e que c'est pour Tavenir seulement quVUes cherchent a s'y menager les protits de la chasse et de la peche. Ainsi nous vouloiis EELATING TO TREATY OF L825. l7l conserver, et les Compag-nies Angloises veulent acquerir. (Jette seule circonstance suffit pour justitier nos propositions. Elles ne sont pas moins conformes au priiicipe des convenances mutuelles, qui devoit servir de base a la neg-ociation. 8i rile du Prince de Galles nous deiueure. il faut qu'elle puisse nous etre de quelque utilite. Or. d'apres le plan de T Anibassadeur d'Angle- terre, elle ne seroit pour nous tpi'une charge et presque un inconve- nient. Cette lie, en etfet, et les etablissemens que nous y forraerions se trouveroient entierement isoles. prives de tout soutien, enveloppes par les domaines de la Grande-Bretagne eta la merei des Etablissemens Anglois de la cote. Nous nous epuiserions en f rais de garde et de sur- veillance dont aucune compensation n'allegeroit le f ardeau. Un arrange- ment pareil reposeroit-il sur le principe des convenances nmtuelles? Nous invoquons toutet'ois ce principe avec d'autant plus de-justice que TAngleterre elle-meme a prouve par un acte authentique qu'elle regardoit comme douteux ses droits sur le territoire dont elle demande Tabandon. La Convention passee le 20 Octobre, 1818, entre la Cour de Londres et les Etats-Unis, declare propriete commune des deux Puissances pour dix ans toute Tetendue de pavs comprise entre les Rocky Mountains, TOcean Pacitique, et les possessions Russes. Les titres des Eltats-Unis a la souverainete de ce pays sont done aussivala- bles que ceux de TAngleterre. Cependant, le Ca])inet de Washington a reconnu que nos limites devoient descendre jusqu'au 54- 40'. II la reconnu par une transaction formelle que nous venous de parapher avec son Plenipotentiaire, et cette reconnoissance n'a point pour con- sequence unique de fortifier nos argumens, elle nous procure d'autres resultats auxcpiels nous attachions, avec raison, le plus haut interet. Tranquilles de ce cote, nous n'avons maintenant aucune crainte a nourrir, et le Cabinet de Londres conviendra sans doute qu'un tel etat de choses augmente le prix des sacrifices que nous lui oti'rons. Deja il existe une difference de pres de quatre degres entre la demarcation de Toukase du 4 (16) septembre 1821 et celle que nous indiquons au jourd'hui. Les etablissemens des compagnies angloises peuvent occu- percet intervalle. A Test ils peuvent unir les deux cotes de TAmerique; au midi rien n'empeche qu'ils n'acquierent une extension considerable. Pour nous, nous bornons nos demandes a celle d'une simple lisiere du continent, et atin de lever toute objection, nous garantissons la libre navigation des fleuves, nous annoncons Touverture du port de Novo- Archangelsk. La Russie ne sauroit pousser plus loin ses concessions. Elle n'en f era pas d'autres, et elle est autorisee a en attendre de la part de TAngle- terre; mais encore une fois, elle ne reclame que des conce.-sions nega- tives. On ne peut eftectivement assez le repeter, d'apres le temoignage des cartes les plus recentes, TAngleterre ne possede aucun etablisse- ment, ni si la hauter du Portland Canal, ni au bord meme de Focean, et la Russie, quand elle insiste sur la conservation d'un mediocre espace de terre ferme, n'insiste au fond que sur le moyen de faire valoir, nous dirons plus, de ne pas perdre les iles enviroimantes. C'est la position dont nous parlions tout a Theure; nous ne recherchons aucun avantag'e, nous voulons eviter de graves inconveniens. , En resume, M. le Comte, si Ton consulte le droit dans cette negocia- tion, la Russie a celui qu'assurent, d'une part, un consentement tacite. mais incontestable, de Pautre, une exploitation paisible depuis vingt- 172 DIPLOMATIC CORRESPONDENCE cinq ans et qui peut etre consideree comnie equivalente a una occupa- tion continue. Si Ton invoque le principe des convenances mutuelles, la Russie liiisse an developpenient prog-ressif des etablissemens ang-lois una vasts etondue de cote et de tevritoire; elle leur assure de libres debouches; (die pourvoit aux interets de leur commerce, et pour compenser tant d'ortres dictees par le plus sincere esprit de conciliation, elle se reserve uni(iuenient un point d'appui sans lequel il lui seroit impossible de garder unc moitie de ses domaines. De telles vues n'ont besoin que d'etre presentees dans leur vrai jour pour qu'un gouvernement comme celui de la Grande-Bretagne sache les apprecier. Douter de son adhesion dans cette circonstance, ce seroit douter de sa justice; et il vous sera facile, TEmpereur se plait a le croire, d'obtenir le consentement definitif de I'Angleterre a une transaction ((ui renq^liroit nos v(eux et nos esperances, en prevenant toiite discus- .sion ulterieure. Recevez, etc., Nesselrode. [Translation.] Count Nesitain. This circumstance alone is sufficient to justify our proposals. The latter are no less consistent with the prin- ciple of mutual expediency, which should serve as a basis for the negotiations. If Prince of Wales Island remains to us, it is necessar}^ that it can be of some utility to us. Now^, according to the plan of the British ambassador, it would be for us only a burden, and perhaps an incon- venient one. That island, in fact, and the establishments which we ]^74 DIPLOMATIC CORRESPONDENCE inio-ht sot up thereon, would tind themselves entirely isolated, deprived of liU support, surrounded by the domains of Great Britain, and at the mercy of the English es'tal)lishments of the coast. We would exhaust ourselves in the cost of guarding- and watching our part, with- oiit any compensation to alleviate the burden. Would such an arrange- ment be founded on the principle of mutual expediency^ \\'e have all the more right to appeal to this principle, since England herself has proved by an authentic act that she regarded her rights to the territory, the surrender of which she demands, as doul)tfuI. The convention of Octoljcr 20, 1818. between the court of London and the United States, declares that all the extent of country between the Rocky Mountains, the Pacific Ocean, and the liussian possessions shall ])ethe common property of the two powers for ten years. The titles of the United States to the possession of this territory are, therefore, as valid as those of England. Nevertheless, the Cabinet of Washing- ton has admitted that our boundary should come down as far as 54'^ -iO'. This has been admitted in a formal agreement that we have just signed with its plenipotentiary, and the strengthening of our arguments is far from being the only result of this admission; it has other conse- (juences to which we rightly attach the greatest importance. Free from anxiety on this side, we have now nothing to fear, and the London cabinet will doubtless acknowledge that such a condition of ati'airs increases the value of the sacrifices that we are offering to make. There is already a difference of nearl}^ four degrees between the demarcation of the ukase of the 4th (i6th) of Septeml)er, 1821, and the one that we now point out. The establishments of the English com- panies could occupy the intervening space. On the east, they could unite the two coasts of America; on the south, nothing prevents their wide extension. For ourselves, we limit our demands to a mere strip of the continent, and in order to remove all cause for objection we guarantee the free navigation of the rivers and announce the opening of the port of Novo-Archangelsk. Russia can not stretch her concessions further. She will make no others, and she is authorized to expect some concessions on the part of England; but once again, she demands only negative concessions. It can not be reiterated with sufficient positiveness that, according to tile most recent charts, England possesses no establishment, either up to tiie hititude of rortland Channel or on the shore of the ocean itself; and Russia, when she insists on conserving a moderate expanse of the mainland (terre ferme) only insists fundamentally upon the means of utilizing— we can better say of not losing — the environing islands. This is the position of which we just spoke; we seek no advantage, we wish to avoid serious difficulties. To sum up, my lord, so far as the question of right in this affair is concerned, Russia has that derived, on one hand, from a tacit and undeniable consent; on the other, from a peaceful exploitation for the last twenty-five years, which mav be considered as eciuivalent to a continuous occupation. So tar as the principle of nuitual expediency'' is concerned, Russia h'aves an enormous stretch of coast and land to\he progressive devel- opment of the English establishments; she insures them free outlets; she provides for the intei-ests of their commerce, and, in compensation tor ill these benefits, which the most sincere spirit of concilliation has nni)elled her to ofier, she reserves for herself only one point of support. RELATING TO TREATY OF 1825. l75 without which it woukl be impossible for her to keep half of her domains. It is only necessary that these views be presented in a proper light to insure their appreciation on the part of a government like that of Great Britain. To doubt its compliance in this matter would be to doubt its justice; and the Emperor is pleased to believe that it will be easy for you to obtain the detinitive consent of England to a compro- mise which, by preventing- all future discussion, would satisfy' our desires and our hopes. Receive, etc., Nesselrode. Mi\ G. Cannmg to Sir C. B<«j(>f. No. 18.] Foreign Office, AprH^J^, 1821^. Sir: Your despatches to No. 23 inclusive received here on the 14th instant by the messenger Draflen (after an unusually expeditious jour- ney), have been laid before the King. The courier whom your Excellency mentioned as being dispatched to Count Lieven at the same time with Drati'en has not yet arrived — ■ at least so I learn from Count Lieven, who denies having yet received the instructions which he is promised. I take advantage of the departure of Sir Alexander Malet, whom His Majesty has been yjleased to allow to be attached to your Excel- lency's Embassy (Mr. Bloomtield, whose assistance 1 had so long ago promised, not being yet able to leave England), to acknowledge the receipt of your late despatches, ))ut I must refer your Excellency for any detailed observations upon them to what 1 shall write to you by a messenger, whom I intend to dispatch so soon as I shall have conferred with Count Lieven on the contents of his promised instructions. I will not,'however, defer till that opportunity the informing your Excellency that your conduct in suspending the negotiation with respect to the north-west coast of America, when you found that the moditica- tions, which you judiciously took upon yourself to make in your instruc- tions, were not met by corresponding concessions on the part of the Russian Government, has received His Majesty's gracious approbation. I have referred the whole question of this negotiation anew to the Governors of the Hudson's Bay Company, whose Report I expect shortly to receive. I have some reason to think that that Report will reconmiend the policy of closing with the Russian proposals rather than leaving the points in dispute unsettled for an indetinite time. It will then remain to consider, after I shall have learnt the tenour of the instructions sent to Count Lieven, whether it may be most expedient for the King's service to carry on the ulterior discussions with the Russian Ambas- sador here, or to authorize \^our Excellency to resume and conclude the negotiation. 1 am, &c. George Canning. Dispatch of Count Lieven to Count Wesselrode. London, 2Iay20'Ji(ne 1, 182Ji.. (Received June 5 IT.) Monsieur le Comte: Au moment o\\ j'allais expedier a votre excellence mes rapports de ce jour sub Nrs. 84-95, je fus mis en pos- 176 DIPLOMATIC CORKESPONDENOE session do la depeche qu'elle m"a fait rhonneur de m'adresser sous la date de 5 avril, et qui contient les dernieres propositions de notre Cour, relativement a la ligne de demarcation qui doit separer les pos- sessions russes des possessions anglaises sur la cote nord-ouest de rAnu'ricjue. (V)nnne la reception de cette piece avait coincide avec Tarrivee d'un courrier autricliien, [)orteur do Popinion du Cabinet de Vienne sur le menioire de notre Cour concernant la pacification de la Grece, et que dans SOS entretiens le Secretaire d'Etat m'avait fait entrevoir que la rentroe de cos documons serait suivie de pros de la remise des repon- sos du Gouvernement Britannique, j'ai cru, Monsieui' le Comte, devoir proHter de cette double circonstance pour chercher a soumettre au Ministere Imperial par la meme voie les determinations definitives du Cabinet Anolais sur ces deux sujets. Cette consideration m'eng-agea a roniotti-o le depart du courrier que j'allais diriger sur St.-Petersbourg, et Mr. Canning (juo j'on informai, me donna Tassurance qu'il me met- trait a niome de justitier complettement la cause de ce retard. Noannioins, un surcroit de travaux parlementaires, Tarrivee de la reponse du Cabinet de Madrid sur la question des Colonies, et les nouvelles sul)sequentes de Lisbonne absorberent a tel point tons les loisirs du Secretaire d'Etat, que ce n'est quo depuis bier que j'ai obtenu a force d'instances la reponse que Votre Excellence trouvera ci-joint en original et en traduction. Mr. Canning ayant rouni les deux sujets dans un memo cadre, je suivrai I'ordre qu'il a observe, en abordant en premier lieu la question de la nogociation ayant trait a la fixation des limites sur la cote Nord- Guest do TAmoriquo. I. Votre Excellence observera par la dopoche de Mr. Canning, que le (louvernomont Anglais consent a admettre les termes dernierement projjosos par notre Cour, et que Sir Charles Bagot va recevoir Tauto- risation de signer sur ces bases la convention qui reglera detinitive- mont Totat de nos frontiores en Amerique. Les conditions mises a la discretion de TAmbassadeur Britannique sur ce point, ne paraitront pent etre pas au Ministore Imporiale de nature a diminuer le prix de cette concession. Ellos consistent: a. "Dans une designation plus precise des limites dans lesquelles la portion do territoire roclamoe par la Russie sur le continent doit etre ronf(M"in('o." La i)r()p()sition do noti'o Cour otait de fairo courir cette frontiere le long dos niontagnes qui suivont les sinuosites de la cote jusqu'au Mont Elio. Lo ( iouvernemcnt Anglais admet complettement cette ligne telle «|u'olle so trouve designee sur les cartes; mais comme il croit que cellos -i-i sont iniparfaites, et que les montagnes devant servir do fron- tiere pourraient en s'ecartant de la cote, au dela de la ligne indiquoe, enclavor uno otonduo do territoire considoralde, il desire que cello que nons reclanions .soit plus procisoment designee, atin de ne point ceder <'!! realite au dola de ce (juo notre Cour domande, et dece qUe TAngle- terro est disposee a accorder. b. •' I)ans Iji fixation d'un degre de longitude plus occidental que la liniite (lesioiire par notre Cour au nord du Mont Elio.'' Le Cabinet Imperial a propose que cette limite soit forme par une ligrie do pi-olongation tracee vers le nord, a partir due 139^ de longitude (niei-idien de Greenwich). En suivant cette direction, la frontiere russe RELATING TO TREATY OF 1825. 177 aboutirait, selon le Gouvernemeiit Anglais, a rembouchure supposee de la riviere de Mackenzie, qu'une expedition envoyee tout recemment par ce Gouvernenient vient encore d'etre chargee d'explorer plus en detail. La fixation de cette limite pourrait done, a son avis, aniener une collision entre les possessions des deux (Touvernemens. quMl est dans I'interet et I'intention de tons les deux d'eviter. Pour atteindre ce but, le Cabinet de Londres propose que la lig-ne de demarcation, en partant du Mont Elie, au lieu de suivre la prolongation du 13!) de lon- gitude, prenne une direction plus occidentale sutHsante pour Tecarter de reni))ouchure de la riviere Mackenzie. Mr. Canning- m'a assure qu'il a rencontre les plus grandes difficultes a faire consentir les compagnies de la bale de Hudson et du Nord-Ouest au plan de demarcation propose par notre Cour, et qu'elles considerent surtout la cession de Tile entiere du Prince de Galles comme bien plus importante qu'clle ne semble a la Russie. A Tobservation que j'ai faite au Secretaire d'Etat sur Finutilite des reclamations inserees dans sa response, au sujet du libre usage des rivieres enclavees dans les possessions russes ou des niers avoisinantes, et relativement aux droits enonces dans I'oukase de Tannee 1821, sur la navigation exclusive du nord de TOcean Pacitique, vu que le premier de ces objets avait ete explicitement accorde par notre Cour, et que I'autre point se trouvait applani par la convention conclue avec les Etats-Unis, Mr. Canning me repondit, que ces deux demandes n'avaient pas ete articulees par lui pour les faire valoir aux yeux de notre Gou- vernenient, mais uniquement pour pouvoir lui oflrir desargumens cen- tre ses adversaires parlementaires, dans le cas ou cette piece serait soumise si la Chambre, et le mettre a meme de prouver que, si le Gou- vernement Anglais faisait im abandon de droits a la Russie, il n''en sti- pulait pas moins en meme temps une juste reciprocite de concessions. L'arriere-pensee de Tett'et que ses actes publics pourront produire au Parlement, perce dans toutes les pieces qui emanent du Secretaire d'Etat, et si je n'avais desire en cette occasion eviter les inconvenient que j'ai trouves a plus d'une reprise a me reposer sur de seules explica- tions verbales, je n'aurais point insiste, comme je I'ai fait, sur une declaration ecrite, ou je ni'attendais que la Secretaire d'Etat cherche- rait a couvrir sa responsabilite sous toutes les reserves que la sujet admettait. [Here follows the Greek question.] [Translation.] D!><2>oteh of Count Lieven to Coimt JVesselrode. London, 3fay WiJune i, IS^Jf.. (Received June 5 17.) Count: Just as I was about to send your excellency my reports of to-day, under Nos. Sl:-95, 1 received the dispatch which you did nie the honor to address me under date of April .5 (IT), and which contains the last propositions of our Government with regard to the line of demarcation which is to separate the Russian possessions from the Eng- lish possessions on the northwest coast of America. As the receipt of this document coincided with the arrival of an Aus- trian courier, the bearer of the opinion of the Cabinet of Vienna on the memorandum of our Court concerning the pacification of Greece, and 21528—03 19 178 DIPLOMATIC CORRESPONDENCE as the .secretary of state had given me reason to expect that the arrival of tiiese docunients would lie speedily followed by the delivery of the replies of the British Government, I thought. Count, that I ought to avail nivself of this doul^le incident to endeavor to submit to the Impe- rial ministrv. bv the same channel, the tinal decisions of the English Cabinet upon tiiese two subjects. This consideration induced me to postpone the departure of the courier, whom I was al)out to dispatch to St. Petersburg, and Mr. Camiing, whom I informed of it. gave me the assui-ance thiit he would enable me to give perfectly satisfactory reasons for this delay. Nevertheless, an increase of parliamentary labors, the arrival of the reply of the cabinet of Madrid upon the question of the colonies, and the subsequent news from Lisbon, absorbed all the leisure of the sec- rctarv of state to such a degree that it was not until yesterday that I obtained, by dint of urgent solicitation, the reply which your excellency will find inclosed, in the original and in translation. As Mr. Canning has united the two subjects in the same document, I shall follow the order which he has observed, and shall first take up the question of the negotiations relating to the settlement of the boundaries on the northwest coast of America. I. Your excellency will notice by Mr. Canning's dispatch that the English Government agrees to accept the terras last proposed by our coui't, and that Sir Charles Bagot is about to receive authority to sign, upon these bases, the convention which will permanently settle the state of our frontiers in America. The conditions placed at the dis- cretion of the British aml)assador on this point will probal)ly not appear to the imperial ministry of a nature to diminish the value of this concession. They consist: (o) Of a more definite description of the limits within which the portion of terri- tory obtained bj' Russia on the continent is to ])e incloseil. The proposition of our court was to make this frontier run along the mountains which follow the windings of the coast to Mount Elias. The English Government fully accepts this line as it is laid off on the maps; l)ut, as it thinks that the maps are defective and that the moun- tains which are to serve as a frontier might, bj^ leaving the coast beyond the line designated, inclose a considerable extent of territory, it wishes the line claimed l)y us to be described with more exactness, so as not to cede, in reality, more than our court- asks and more than England is disposed to grant. (h) Of the selection of a degree of longitude farther to the west than the line designated by our court north of Mount Elias. The Imperial cabinet proposed that this boundary should be formed by a line of prolongation drawn toward the nortli, l)eginning at the one hundred and thirty-ninth degree of longitude west of Greenwich. By foll<)wing this direction the Russian frontier would end. according to the English (iovernment. at the supposed mouth of theMackenzie Kiver. which an expedition sent very recentlv bv that Government has just been again ordered to explore more in detail. The establishment ot that boundary might, consequentlv, produce a collision between the possessions of the two Governments, which it is in the interests and intentions of both to avoid. In order to attain this end, the cabinet of London jiroposes that the line of demarcation, starting from Mount Ellas, instead of following the prolongation of the one hundred and RELATING TO TREATY OF 1825. l79 thirty-ninth degree of longitude, shall take a more western course, suthcient to divert it from the mouth of the Mackenzie River. Mr. Canning assured me that he had found the greatest ditticulty in gaining the consent of the Hudson Bay and Northwest companies to the plan of demarcation proposed by our court, and that they regard, especially, the ces>y any other nation; and we take for granted that the exclusive claims of navigation and jui-isdiction over the North Pacific Ocean, which were put forward in the Ukase of September 1821 are to be altogether withdrawn. Mr. ii. Canning to Sir C. Bagot. ^''- --■] Foreign Office, Jlay 39, 1821^. Sir: I transmit to your Excellency a copy of a letter which I have addrcss(>d to Count Lieven upon the subject-matter of tw^o despatches from Count Xesselrode to Count Lieven, which that Ambassador com- nnimcated to me, and copies of which I also inclose. 1 our Excellency will learn from mv letter to Count Lieven that vou may expect definitive instructions very shortlv. both for the conclusion RELATINU TO TREATY OF 1825. 181 of the negotiation relating to the north -west coast of America, and to the proposed Conference on the pacification of Greece. I hope to dispatch a messenger to your Excellency with these instruc- tions in the course of the next week. Meantime the inclosed paper will put your Excellency generally in possession of the sentiments of His Majesty's (xovernment upon these several subjects. But your Excellency will not take any step upon them until you shall have received my promised instructions. 1 am, &c. George Canning. J//'. G. Canning to Sir C. B(((jot. No. 26.] Foreign Office, July 12, 1821,.. Sir: After full consideration of the motives which are alleged by the Russian Government for adhering to their last propositions respect- ing the line of demarcation to be drawn between British and Russian occupancy on the northwest coast of America; and of the comparative inconvenience of admitting some relaxation in the terms of 3"our excellency's last instructions, or of having the question between the two Governments unsettled for an indefinite time, His Majesty's Gov- ernment have resolved to authorize your excellency to consent to include the south points of Prince of AVales Island within the Russian frontiers, and to take as the line of demarcation, a line drawn from the southernmost point of Prince of Wales Island from south to north through Portland Channel, till it strikes the mainland in latitude 56; thence following the sinuosities of the coast, along the base of the mountains nearest the sea to Mount Elias, and thence along the one hundred and thirty-ninth degree of longitude to the Polar Sea. I inclose the draft of a projet of convention foiuided upon these principles, which your excellency is authorized to sign previously to your quitting St. Petersburg. The advantages conceded to Russia by the line of demarcation, traced out in this convention, are so obvious, as to render it quite impossible that any oljjection can reasonably be ottered on the part of the Russian Government to any of the stipulations in our favor. There are two points which are left to be settled bv your excellency: 1. In fixing the course of the eastern boundary of the stri]) of land to be occupied by Russia on the coast, the seaward base of the moun- tains is assimied as that limit; but we have experience that other moun- tains on the other side of the American continent, which have been assumed in former treaties as lines of boundary, are incorrectly laid down in the maps; and this inaccuracy has given rise to very trouble- some discussions. It is therefore necessary that some other security should be taken that the line of demarcation to be drawn parallel with the coast, as far as Mount St. Elias. is not carried too far inland. This is done by a proviso that that line should in no case (i. e., not in that of the mountains, which appear l)y the map almost to border the coast, turning out to be far removed f I'om it) be cari'ied further to the east than a specified number of leagues from the sea. The utmost extent which His ^Majesty's Government would be disposed to concede would be a distance of 10 leagues; but it would he desirable if your excellenc}' were enabled to obtain a still more narrow limitation. 182 DIPLOMATIC CORRESPONDENCE 2. Article 5 of the ••Projet*' is copied from Article IV of the con- vention between Kiis.sia unci the United States of America. By the American Article the right of visiting- respectively and resorting to each other's possessions is limited to ten years. This limitation is left in blank in the " Projet." We should have no objection to agree to the Article without any limitation of time. We should prefer a longer period (say twenty years) to that stipulated by the Americans. Your excellency will olitain either of these extensions if you can, but you must not agree to a shorter term than ten years. Your excellency will be careful to make it understood that this limi- tation of time can not in any case extend to the use by Great Britain of the harbor of New Archangel, still less of the rivers, creeks, etc., on the continent, the use of all which is in the nature of a compensation for the perpetual I'ight of territory granted to Kussia. and. therefore, must be alike perpetual. If your excellency shall, as 1 can not doubt, conclude and sign this convention before your departure, you will make it a point to bring with you the ratification of the Russian Government to be exchanged by Count Lieven against that of His Majesty. 1 have, etc., George Canning. [Inclosure.] Draft Convention. Sa ^Iajei=te le Roi du Royaume-Uni de la (iranti Bretajrne et de I'lrlande, et Sa Majeste-l' Einpereur deToutes les Russies, desirant resHerrer le^ liens d'amitie et de biiiine intelligence iiui les unissent, mo- yennant un accord qui regleroit, sur le principe d'une convenance reciproque, diffcrens points relatifs au commerce, a la navigation, et aux pecheries de leurs !-ujets sur rC)ccan Pacifique, ainsi que les liniites de leurs [xissessions et ctalilisse- mens sur la cote nord-ouest de I'Ameri- que; leurs dites ^lajestcs ont nommc des Plcnipotentiares pour conclure une Con- vention a cet effet, savoir: Sa Majeste le Roi du Royaume-Uni de la < Jrande-Bretagne et de i'lrlande. t&c, etc., Ac; Et Sa Mtijestc rEniperenrdeToutes les Rnssies, Ac, etc., Ac; J.esquels, aprcs s'etre reciproquement connnunitincs leurs ])leins ))ouvoirs res- jiectifs, trouves en bonne et due forme, sont convenus des Articles suivans: Akticle I. II est of)nvenu entre les Hautes Parties Contractantes (pie leurs sujets respectifs naviguenmt iilirement dans toute I'oten- tluc de rr)ct'aii Paciticiue, v comprise la Mer au deilans du Dctn-it dit de Bchring, et ne sernnt point trouV)l«'s ni molestt's en exercant leur commerce et leurs peche- His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the Emjieror of All the Rus- sias, being desirous of drawing still closer the ties of friendship and good under- standing which unite them, by means of an Agreement which shall settle, upon the basis of reciprocal convenience, the different points connected with the com- merce, navigation, and fisheries of their su[)jects on the Pacific Ocean, as well as the limits of their possessions and estab- lishments on the north-west coast of America; their said Majesties have named their Plenipotentiaries to conclude a Con- vention for this ]>urpose, that is to say: His Majesty the King of the United Kingdom of (ireat Britain and Ireland, &c., &.C, &e. ; And His Majesty the Emperor of All the Russias, Ac, &c., &c. ; Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles: Article I. It is agreed between the High Contract- ing Parties that their resjiective subjects shall enjoy the right of free navigation along the whole extent of the Pacific ()cean, compirehending the sea within Behring's Straits, and shall neither be troubled nor molested iii carrving on RELATING TO TREATY OF 182-"). 183 ries, dans toutes les parties du dit ocean, tant au nord qu'an sud. Bien entendn, qne la dite liborte de ptV'herie ne sera exercee par les sujets de 1 une des deux Puissances qu'a la tlistance de 2 lieues maritimes des possessions res- pectives de I'autre. their trade and tisheries, in all parts of the said ocean, either to the northward or southward thereof. It being well understood that the said right of fishery shall not be exercised by the subjects of either of the two Powers, nearer than two marine leagues from the resi^ective possessions of the other. Article II. La ligne separative entre les posses- sions des deux Hautes Parties Contrac- tantes sur le continent et les Isles de rAmerique du nord-ouest, sera tracce de la inaniere suivante: En connuenc;ant des deux points de I'isle dite du Prince de Galles, qui en tor- ment I'extremite meridionale, lesquels points sont situes sous le parallele de 54° 40', et entre le ISl'^ et le V^^S" degre de longitude ouest (meridien de Greenwich), la ligne de la frontiere, entre les posses- sions Britanniques et Pusses, remontera, au nord, par la passe dite le Portland Channel, jusqu'u ce qi'elle touche a la cote de la terre ferme situee au 56"" degre de latitude nord. De ce point elle suivra cette cote, parallt-lement a ses sinuosites, et sous ou dans la base vers la mer des montagnes qui la bordent, jusqu'au 139'' degre de longitude ouest du dit meridien. Et de la, lasusdite ligne meridionale du loO*" degre de longitude ouest, en sa pro- longation jusqu'a lalNIerGlaciale, formera la limite ties possessiones Brittanniques et Pusses, sur le dit Continent de I'Ame- ri(|ue du nord-ouest. Article II. The line which sei)arates the posses- sions of the two High Contracting Par- ties upon the continent and the Islands of America to the north-west, shall be drawn in the manner following: Commencing from the two points of the island called "Prince of Wales' Island," which form the southern extremity thereof, which points lie in the parallel of 54° 4iy, and between the IHlstand 133rd degree of west longitude (meridian of Greenwich), the line of frontier between the British and Russian possessions shall ascend northerly along the channel called Portland Channel, till it strikes the coast of the Continent lying in the 56th degree of north latitude. From this point it shall be carried along that coast, in a direction parallel to its windings, and at or within the seaward base of the moun- tains l:)y which it is bounded, as far as the 139th degree of longitude west of the said meridian. Thence the said meridian line of 139th degree of west longitude, in its extension as far as the Frozen Ocean, shall form the boundarj' of the British and Russian possessions on the said Con- tinent of America to the north-west. Article III. Article III. II est convenu neanmoins, jiar rapjiort aux stipulations de I'Article precedent: 1. Que la susdite lisiere de cote sur le Continent de 1' Amerique, formant la limite des possessions Russes, ne doit, en aucun cas, s'ttendre en largeur depuis la mer vers rinterieur, au dela de la distance de lieues maritimes, a quelque dis- tance que seront les susdites montagnes. 2. Que les sujets Britanni(iues navigue- ront et commenceront lil)rement a per- petuite sur la dite lisiere de cote, et sur celle des isles qui I'avoisinent. 3. (^ue la navigation et le commerce des tleuves du continent traversant cette lisiere, seront libres aux sujets Britau- ni(iues, tant a ceux haliitant ou frequen- tant rinterieur de ce continent, qu'a ceux qui alxirderont ces parages du cote de r Ocean Pacifique. It is, nevertheless, understood, with re- gard to the stipulations of the preceding Article: 1. That the said line of coast on the Continent of America, which forms the Ijoundary of the Russian possessions, shall not, in any case, extend more than marine leagues in breadth from the sea towards the interior, at whatever distance the aforesaid mountains may be. 2. That British subjects "shall forever freely navigate and travel along the said line of coast, and along the neighljouring islands. 3. That the navigation and commerce of those rivers of the continent which cross this line of coast shall be open to British subjects, as well to those inhab- iting or visiting the interior of this continent, as to those coming from the Pacific Ocean, who shall touch at these latitudes. 184 DIPLOMATIC CORRESPONDENCE Akticle IV. Le port de Sitka ou Nove Archangelsk sera et re^tera a jamais ouvert an com- merce des Hujccts de Sa Majeste Britan- nique. Article V. Par rai)i)ort aux autres parties des cotes du continent del' Ann' ri(|uedunord-ouest, et des isles qui I'avojsinent, appartenan- tes a I'une et A I'autre des deux Hautes Parties Contractantes, il est convenu que pendant I'espacede dix ans a compter du Avril, 1824, leurs vaisseaux res]jec- tifs, et ceux de leurs sujets, pourront reciproqueinent frequenter, sans entrave, les golphes, havres, et criques des elites cotes, dans des endroits non deja occupes, atin d'y faire la peche et le commerce avec les naturels du ])ays. Pien entendu: 1. (^le partont ou 11 se trouvera un etaljlissemcnt de I'une des Hautes Parties Con'tj-actantes, les sujets de I'autre ne pourront y ahorder, sans la permission du Commandant ou autre prepose de cet endroit, a moins (pi'ils n'y seront forces par tempetes ou queltjue autre accident. 2. (^ue la (lite lihiTt'' de commerce ne comprcndra jioint celni des liqueurs spiri- tueuses, ni des amies a feu, des amies l)lanches, de la poudre a canon, oud'autres especes de munitions de guerre. Tous lesfjuels articles les deux Puissances s'en- gagent reciiiroquement de ne point laisser vendre ni transferer, en manierecjuelcon- que, aux indigenes de ces pays. Article VI. Dorcnavant il ne ]X)urra etic forme par les sujets P)ritanni(|ues aucun etablis- sement, ni .sur les cotes ni sur la lisiere du continent comprises dans les limites eme degre de longitude. Quant a frontere des possessions respectives au sud du Mont Elie, c'est le long de la l)ase des montagnes qui suivent les sinuosites du rivage, que Mr. Canning la fait courir. J'ai cru devoir lui representer que lorsqu'on fait servir une chaine de montagnes a la tixation d\ine limite quelcont|ue, c'est toujours la duic de ces montagnes qui forme la ligne de demarcation; et qu'en cette circonstance, le mot de hase^ par le sens indetini qu'il presente, et le plus ou moins d'extension qu'on pent lid donner, ne me paraissait pas propre a mettre la delimitation dont il s'agit a I'abri de toute contestation. Du reste. Monsieur le Comte. tout ce qui regarde les droits de navi- gation reciproques des deux puissances dans ces parages m'a sendile lg(5 DIPLOMATIC COREESPONDEiS^CE conipletement d'aceord avec ce qui a deja ete regie entre notre Cour et les Etats-Unis. Mr. Caiuiino- a seulement ajoute la condition de la lil)re entree des vaisseaux anglai.s dans Mer Glaciale par le Detroit de Behring. J'ai objeete au Secretaire d'Etat (jue cette clause, entiere- nicnt irouvellc, est, par sa nature, etrangere a rol)jet special cle la negociation, et que les termes generaux dans lesquels elle est concue fertint peut-etre hesiter le (xouvernement Imperial ti Tadniettre sans en nioditier Trnonce actuel. pour ne point exposer les cotes de ses posses- sion> asiati(|ues aux inconveniens qui pourraient naitre de la visite des l)atiinens etrangers. ^Ir, Canning m'a repondu que deux motifs Tavaient engag-e ii en t'aire mention: 1°, Atin que les expeditions diri- gees vers le pole puissent obtenir une issue libre de la Mer Glaciale a la Paciti((ue, si jamais le passage, objet de taut de recherches, venait a etre entin decouvert, et 2", pour que la Russie ne puisse, dans la suite des temps, se prevaloir de la possession des deux rives ([ui forment le Detroit de Behring. })our en det'endre rentree, comme out fait autrefois les Danois au Sund. et aujourd'hui les Turcs aux Dardanelles. Telles sont. Monsieur le Comte, les explications qui out eu lieu a ce sujet entre le Secretaire d'Etat et moi; et Mr. Canning ayant pris en consideration les objections qu'une lecture rapide du projet de conven- tion m'a suggerees. il m'a promis de mettre Sir Ch. Bagot a meme de satisfaire entierement notre Cour. pour le cas ou elle jugerait a propos de reproduire mes arguments. J'ai riionneur, etc. [Translation.] Count Lieven to Count NexScJi'ode. London. .////// U {25), 182^. (Received Aug. 7 19.) Count: In my dispatch of ]Mav 20-June 1, No. 96, I had the honor to notify your excellency of the approaching sending- to Sir Ch. Bagot of new instructions for the definitive conclusion of the convention which is to settle the status of our frontiers in America. I have now the satisfaction of informing you. Monsieur le Comte, that Mr. Canning- is going to take advantage of the departure of ]Mr. Ward to transmit to the British embassador the authority to sign that act. The Secre- tary of State has even gone further. He has drawn up beforehand a draft of a convention, which he has permitted me to read. In this draft. th(> plan of which is. in great measure, based upon the coMviMition already concluded, upon the same subject, between the inqx-rial cabinet and that of Washington, I noticed with pleasure that the P^nglish Government entirely renounced the demand which it had made recently with regard to fixing upon a degree of longitude farther to the \v(>st than the boundary designated bv our court, beginning at Mount Elias. and that it now agrees, without reservation, that that lioundary shall 1m> formed by a line of prolongation drawn toward the north, following the diicetion of the i:;!>tli d(>gree of longitude. As regards tiie frontier of the respective possessions to the south of Mount Klias. Mr. Cunning makes it run along the base of the moun- tams which follow the sinuosities of the coast. 1 thought it my duty to repi-eseiit to him that when a chain of mountains is made to serve t(.r the establishment of any boundary whatever, it is always the crest RELATING TO TREATY OF 1825. 187 of tho.se mountains that forms the line of demarcation; and that, in this case, the word *■' base," from the vag-ue meaning' attached to it. and the greater or less extension which may ])e oiven to it, did not appear to me adapted to protecting the delimitation in question from all controvers}". As to the rest. Monsieur le Comte, all that relates to the nuitual rights of navigation of the two powers in those waters appeared to me to be in perfect agreement with what has already been arranged between our court and the United States. Mr. Canning only added the condition that free entrance shall be allowed to English vessels into the Arctic Ocean through Bering Strait. I objected to the Sec- retary of State that this clause, which is an entirely new one, is. from its nature, foreign to the special subject of the negotiations, and that the general terms in which it is couched will perhaps cause the Impe- rial Government to hesitate to accept it without amending its present language, in order not to expose the coasts of its Asiatic possessions to the inconveniences which might arise from the visits of foreign vessels. Mr. Canning replied that he had ])een induced to mention it for two reasons: First, in order that expeditions sent toward the Pole may obtain a free passage from the Arctic Ccean to tiie Pacific, if the pas- sage which has been the object of so many explorations should ever be discovered; and second, in order that Kussia may not, in the course of time, take advantage of their possession of both coasts forming Bering^ Strait to prohibit [foreign vessels] from entering it. as was formerly done by the Danes in the Sound, and as is now done by the Turks in the Dardanelles. Such. Monsieur le Comte, are the explanations which took place on this subject between the Secretary of State and myself; and Mr. Can- ning, after considering the objections which a rapid reading of the draft of convention suggested to me. promised me that he would enable Sir Charles Bagot to satisfy our court completely, in case it should think proper to reproduce my arguments. I have the honor, etc. 2Ir. G. Canning to S!r C. Bagot. No. 29.] Foreign Office, July 2J4.. W2I^. Sir: The '■'Projef"' of a convention which is inclosed in my No. 2(> having been communicated by me to Count Lieven, with a request that his excellency would note any points in it upon which he conceived any difficulty likely to arise, or any explanation to be necessary, I have received from his excellency the memorandum a copy of which is here- with inclosed. Your excellency will observe that there are but two points which have struck Count Lieven as susceptible of ^\\\ question. The hrst, the assumption of the base of the mountains instead of the summit as the line of boundary; the second, the extension of the right of the navigation of the Pacific to the sea beyond Behring's Straits. As to the tirst. no great inconvenience can arise from your excellency (if pressed for that alteration) consenting to substitute the summit of the mountains instead of the seaward base, provided always that the stipulation as to the extreme distance from the coast to which the lisiere 188 DIPLOMATIC CORRESPONDENCE i.s in any case to nin. bo adopted (which distance I have to repeat to your excellency should be made as short as possible), and provided a stipulation be iidded that no forts shall be established or fortifications erected ])v either party on the summit or in the passes of the mountains. As to the second point, it is perhaps, as Count Lieven remarks, new. But it is to be remarked, in return, that the circumstances under which this additional security is rc(iuired will be new also. Bv the territorial uemarcanon am'reed to in this ''Projet,'' Russia wilT become possessed, in acknowledo-ed sovereignty of both sides, of Bering's Straits. The power which could think of making the Pacific a mare clausum may not unnaturally be supposed capable of a disposition to apply the same character to a strait comprehended between two shores of which it becomes the undisputed owner; but the shutting up of Bering's Straits, or the power to shut them up hereafter, would be a thing not to be tolerated l)V Enghind, Nor could we sul)niit to be excluded, either positively or construct- ively, from a sea in which the skill and science of our seamen have been and arc still em})loyed in enterprises interesting not to this country alone, but to the whole civilized world. The protection given by the convention to the American coasts of oat'h i)ower may (if it is thought necessary) be extended in terms to the coasts of the liussian Asiatic territory; but in some way or other, if not in the form now prescribed, the free navigation of Bering Straits and of the seas beyond them must be secured to us. These being the only questions suggested by Count Lieven. I trust I may anticipate with confidence the conclusion and signature of the con- vention nearly in conformity to the "projef and with little trouble to your excellency. The long delay of the ship makes it peculiarly satisfactory to me to have reduced your excellency's task in this matter within so small a compass. I am. etc., George Canxixg. .^fi'iitdi-aiuhi lit from Count Li&ven on the JSnrth- West Coast Convmtion. Le Projct de Convention redige par le Cabinet Anglais fait courir la linute des possessions Kusses et Anglaises .sur la cote nord-ouest d'Amerique au sud du 3[ont Elie: le hmg de la base des niontagnes qui silt I'riit^ lr.s xin uoxlft's de crttc cote. II est a observer qu'en these generale, lors with them any arrangement upon the subject which is at all reconcilal)le with the ""projet" trans- mitted to me in your dispatch No. 2H of the 12th of last month, even if I were to take" upon myself to exercise, upon several points of it, a discretion which is not given to me by your instructions. To satisfy His Majesty's Government upon this subject, it seems onlv necessary that I should transmit to you the inclosed copy of a '•contre-projet" ottered to me by the Imperial plenipotentiaries on the day after our tirst meeting, viz, on Saturday last, the '21st instant. '"riie differences between this "contre-projet" and the "'projet*' which I had given in are, in many respects, unimportant, consisting either in unnecessary changes in the expressions, or in the order of the articles, or in other minor points, none of which, as 1 have reason to think, would have been tenaciously adhered to, and of which some might have been safely admitted. Rut there are three points upon which the differences appear to be almost, if not altogether, irreconcilal)le. These points are: 1. As to the opening f'//v/v/' to the connuerce of British subjects of the port of Novo Archangelsk. 2. As to the lil)erty to l)e granted to British sul)jects to navigate and trade. /o/v,»V'/- along the coast of the lisiere which it is proposed to cede to Russia, from the Portland Channel to the sixtieth degree of north latitude, and the islands adjacent. 3. As to the liberty to be given reciprocally to each power to visit for a term of years the other parts of the northwest coasts of America. As to the tirst of these points, the Russian plenipotentiaries declare that, liowever disposed they might and prol)ably should be to renew thi.v liberty to His Majesty's subjects at the expiration of ten years, they can under no circumstances consent to divest themselves forever of a discretionary power in this respect by granting such a privilege in pei'jx'tuity. Upon this point 1 reminded the plenipotentiaries that the freedom of the port of Novo Archangelsk was originally offered to Great Britain by theinselyes, unsolicited and unsuggested by me. in the ffrst ''contre- projet" which they gave to me in our former conferences; that the same offer had been repeated l)y Count Nesselrode in his dispatch to Count Lievenof the .'>th Api-il hist, and that upon neither occasion had it been accompanied by any restriction as to any period of time. It is admitted to me tliat no period of time was s])eeiHed upon those occa- sions, but that it was never intended to declare that the freedom should be perpetual, and that they could never l)e induced to grant it upon such terms. As to the second point: The Russian plenipotentiaries declare that tliey are ivady to grant to His Majesty's subjects for ten years, but for RELATING TO TRP:ATY OF 1825. 191 no longer jxn'iod, the lil)erty to navio-ute and trade along- the coast of the lisiere proposed to be ceded to Russia, from the Porthmd Channel to the sixtieth degree of north latitude, and the islands adjacent, and that the^' are ready to grant foret'ev the right of ingress and egress into and from whatever rivers may flow from the American continent and fall into the Pacific Ocean within the above-described lisiere, but that they can, under no circumstances and by no supposed corre- spondent advantages, be induced to grant to any power the privilege to na\igate and trade in perpetuity within a country the full sovereignty of which was to l)elong to Russia; that such perpetual concession was repugnant to all national feeling and was inconsistent with the very idea of sovereignty. As regards the third ]joint, the Russian plenipotentiaries declared that the coasts of North America extending from the sixtieth degree of North latitude to Bering Straits, the liberty to visit which, under certain conditions, is stipulated in the "•projet" by Great Britain, in return for a similar lil)erty to l)e given, under the same conditions, to Russian sul)jects to visit the North American coasts belonging to His Majesty, are and have always been the absolute and undisputed terri- tory of His Imperial Majesty, and that it is not the intention of His Imperial Majesty to grant to any power whatever for any period of time the liberty which is required. These are the three principal points upon which 1 was yesterday dis- tinctly given to understand that the Russian Government would con- sider it their duty to insist, and consequently that, unless my instruc- tions should enable me to modify the " projef so far as regarded them, the negotiations must be considered as at an end. It is, 1 believe, scarcely necessary that, after having stated this, I should trouble you with any further observations upon the subject. The other differences wdiich exist between the "projet" and the ^'contre-projet," though numerous, are, as I have said before, of minor importance, and such as would, 1 think, have been easily adjusted. What they are will be best shown by the ''contre-projet" inclosed. I hope ithat His Majesty's Govermnent will give me credit for not having too hastily supposed that the objections urged by the Russian plenipotentiaries were insurniountal)le. I am, I think, too well acquainted with, and have too long negotiated upon, this subject to have deceived myself in this respect, and I am fully persuaded, from what has passed between Count Nesselrode, M. Poletica, and myself since the arrival of your instructions, that the determination of the Russian Government is now taken rather to leave the question unsettled betw^een the two Governments for any indefinite time than to recede from their pretensions so far as thev regard the three points which I have particularly- specified. In closing yesterday the conference, which assured me that all fur- ther chance of negotiation was. for the present at least, terminated, I thought it my dul:y to remind the Russian plenipotentiaries that the maritime jurisdiction assumed hy Russia in the Pacific, which he had hoped to see revoked in the simplest and least unpleasant manner b}- mixing it with a general adjustment of other points, remained, bv the breaking off of our negotiations, still unretracted; and that my Gov- ernment would probably ]>e of opinion that upon that part of the ques- tion some arrangement nuist l)e entered into. It may l)e proper to add that, in reference to the sixth article of the 192 DIPLOMATIC CORRESPONDENCE " c'ontre-projet,'' I gave the Rii.ssian plenipotentiaries dif^tinctly to unflerstand that neither His Majesty's Government nor those of the other maritime powers of the world would, as I thouoht, be likely to aceept the free navigation of Bering Straits as a concession on the part of Kussia. I have, etc., Charles Bagot. [Inclosure.] Counier-Draft of the Buman Plenipotentiaries. . Sa Majeste I'Empereur de Toutes les Kussies et Sa Majeste le Roi du Royaume-Uni de la Grande Bretagne et de I'lrlande voulant resserrer les liens d'amitie et de bonne intelligence (lui les unisyent, moyennant iin accord qui regleniit, d'apres le principe des convenances rccipro(jues, les limite;^ de leurg possessions et Etablissemens sur la Cote nord-ouest de rAnierique, ainsi que differens points relatifs au commerce, a la navijration, et aux pecheries de leurs sujets sur I'Ocean Pacifique, ont nonmie des Plenipotentiares pour I'onclure nne Convention a cet effet, savoir, &c., lasquels, appres s'etre communique, &c., ont arrete et signe les Articles suivans: Akticle I. La ligne de demarcation entre les possessions des deux Hautes Parties Contrae tantes sur la cote nord-ouest de I'Amerique et les iles adjacentes, sera tracee ains qu'il suit: A partir des deux points qui torment I'extremite meridionale de I'ile dite du Prince de Cialles, laquelle appartiendra tout enti^'re ;i la Russie, points situes sous la paral- lele du 54° 40' de latitude nord, et entre les 131° et 133° de longitude ouest (meridien de (ireenwich) la ligne de la frontiere entre les possessions Russes et les possessions Britanniques remontera au nord par la passe, dite le Portland Channel, jusqu'aui point ou cette passe se termine dans I'interieur de la terre ferme au 56° de latitude nord. De ce point, elle suivra cette cote parallelement a ses sinuositcs jusqu'au 139° de longitude ouest (meme mt'ridien) et dela, la frontiere entre les possessions respec- tives sur le Continent Americaln sera formee par la ligne du susdit degre de longitude dans sa prolongation jusqu'a la mer Glaciale. Article II. La lisiere de la cote nord-ouest appartenante a la Russie depuis le Portland Chan- nel jusqu'au point d' intersection du 139° de longitude ouest (meridien de Greenwich) n'aura point en largeur sur le continent plus de 10 lieues marines a partir du hord de la mer. Article III. II est convenu — 1. Que ilans les possessions des deux puissances, telles qu'elles sont designees aux articles pn'cedens et nonnnement jusqu'a la hauteur du 59° 30' de latitude nord, niais pdint au dela, leurs vaisseaux respectifs et ceux de leurs sujets auront pendant dix ans a compter du 5(17) avril 1S24, la faculte reciproque de frequenter librement les golphes, havres, criques, dans les parties des iles et des cotes, qui ne seraient point occupees par des etablissemens soit russes, soit britanniques, et d'y faire la pcche et le commerce a vec les naturels du pays. '2. (iue partout ou ilyanra un ctalMissenient de I'une des hautes puissances con- tractantes, les sujets de I'autre ne pourront y aborder sans la permission du com- mandant ou prcpose du lieu, sauf les cas d'accidens ou de tempete. ... Que 111 )ert(' dc commerce ci-dessus mentionnee ne comprendra ni les liqueurs spiritueuses, m les arines a feu et amies blanches, ni la poudre a canon et autres inumtions de guerre: tons articles ([ue les hautes puissances contractantes s'engagent rcciproqueinent A ne pas laisser ven3° of west longitude (meridian of Greenwich), the line of frontier V)etween the Russian jtossessions and the English possessions shall ascend northerly along the channel called Portland Channel as far as the point where this channel terniinates in the interior of the mainland (terre ferme) at the fifty-sixth degree of niirth latitude. From this point it shall be carried along the coast, in a direction parallel to its sinuosities, as far as the one hundred and thirty-ninth degree of west longitude (same meri(lian); and from there the boundary line between the respec- tive possessions on the American continent shall be formed by the line of the said degree of longitude in its extension as far as the Arctic Ocean. Article II. The lisicre (strip of territory) on the northwest coast belonging to Russia, from Portland Channel to the point of intersection of the 139° of west longitude (meridian of Greenwich), shall not be wider on the continent than 10 marine leagues from the shore of the sea. Article III. It is agreed — 1. That in the possessions of the two powers, as they are set forth in the preceding articles, and particularly as far as the 59° 30' of north latitues de S. M. 1. C^lomme nous avions deja declare anterieurement que I'oukase du4r/l6 Septembre, 1821, ne s'executerait pas en ce qui concernait Fetendiie de cent milles en mer dont il interdisait la navigation aux vaisseaux etrangers, que d'une autre part nous nous etions empresses nous- memes, d'otf'rir aux sujets de S. M. B. dans nos negociations avec Sir 196 DIPLOMATIC CORRESPONDENCE Charles Baj^-ot, la liberte dc descendre ct de remonter tons Ics tieuves qui traverseraiont iiotic territoire sur la cote X. O. : il nous parut que les inoditic-ations dosirees par Mr. Canning, ne donneraient lieu a aueune diffifulte I't nous nous flattions qu'aussitot que rAuibassadeur d'Angle- terre recevrait des instructions definitives, nous pourrions conclure avec lui uue transaction egalemont conforme aux droits et aux interets des deux Puissances. Notre con fiance nous semblait d'autant plus t'ondee que Sir Charles Bai;()t nous avait d'eclare a plusieurs reprises, et que Mr. Canning re|H'tait dans son otiice ci-dessus inentionne/' que TAngleterre se borne- rait a deniander pour son commerce dans ces parages, les privileges que la Russie accorderait ou qu'elle aurait accordes a d'autres nations. Ce point devait done, suivant toute probabilite, etre aussi facile a reg- ler que les autres. Ccpcndant trois mois s'ecoulerent sans que les instructions du Pleni- l)()tentiaire de la Cour de Londres, lui fussent expediees, et lorsqu'elles arrivcient cnfin par Tintermediaire de Mr. Ward quelques jours avant notrc depart, nous trouvames, a notre grand regret, qu'elles consistaient en un projct de Convention, ([ui sous plusieurs rapports tres essentiels ctaicnt l)ien loin de remplir notre attente. Vous en avez pris, M. le Comte, une lecture rapide, mais pour que vous puissiez mieux le juger je vous en adresse une copie. J'ai eon- signe dans des notes marginales quelques remarques de detail et je me reserve de vous developper dans cette depeche les observations les plus iujportantes. celles qui regardent des clauses qu'il nous est complete- nient inqjossible d'admettre. Ellcs sont au nombre de trois. l"-. La liberte pour les sujets Anglais de faire la chasse, la peche et le commerce avec les naturels de pays a perpctuite sur toute cette partie de la cote qui forme lesujet de la dis- cussion et ({ui sV'tend du 59- de latitude Nord au 5-i' -10'. 2 '. La liberte pour les sujets Anglais de faire la chasse, la peche et le commerce avec les naturels du pays pendant dix ans sur une autre partie de nos cotes et de nos lies depuisle 59- de latitude Nord jusqu'au detroit de Behi'ing. 3-. L'ouverture a peipepuitc du port de Sitka ou Novo-Archangelsk. (id 1 '. Le projct de Convention du Cabinet de Londres ne s'exprime pas avec une precision parfaite sur cet article et ce sont nos explications verbalc^s aljec Sir Charles Bagot qui nous ont appris que TAngleterre reclamait le droit de chasse. de peche et de commerce a perpetuite dans cette ixH-tion des domaines de la Russie, mais ces explications ont ete si positi\es qu'elles ne nous ont laisse aucun doute sur les desirs du Cabinet Britannique. Pour savoir si nous n'avions pas lieu d'en etre etonnes et s'il nous est possible d;v condescendre, il suffit de relire d'un cote le passage de Tortice de Mr. Canning, que j'ai cite ])his haut, et de jeter les yeux de 1 autre sur notre Convention avec les Etats-Unis. Le i)rineipal Secretaire d'Ktat de S. M. B. Vous a declare officielle- nient et par ecrit (jue TAngleterre reclamerait de notre part des privi- leges de eonnneive sejnblables li ceux (jue nous^accorderions a d'autres 1 uissaiiees. Or les ?:tats Unis sont la seule Puissance ii laquelle nous en ayons jamais accorde et ceux que nous leur avons garantis par la ( onveution du .") IT Avril de Tannee courante ne doivent durer que dix ans. " See Note A. EELATIISa TO TREATY OF 1825. 1^7 N0U8 satisferions done aux demandes que rAiig-leterre elle inrMiie nous a onnoncees, en lui o-arantissant pour le nieme espace de terns, les monies privileges. Connnent pourrions-nous d'ailleurs conscntir, sous ce rap- port en faveur des sujets Britanniques, a des prerog-atives que nous venous de refuser aux sujets Americains. Les sujets Britanniques, nous ne saurions trop le repeter, n'ont jamais pousse ni leurs etat)lisse- mens ni leurs operations de eommerce jusquTi la cote N. O. Le temoign- age des cartes les plus recentes publiees en Angleterre revele et demontre ce fait. Si les Compagnies de la Baie d'Hudson et du N. O. approchent de la cote ce n'est que depuis trios ans a peine, tandis que les sujets Americains ont constamment frequente ces parages et ce sont leurs entreprises qui ont fait naitre les discusi^ions que nous travaillons a terminer. Nous serait-il possible apres cela, quand meme nos interets nous le permettraient, de leur donner pour dix ans ce que nous donne- riens a perpetuite aux sujets Britanniques. Nous avons bien voulu supposer que malgre une prise de possession f ormelle, une longue occupation des points principaux, une exploitation l)aisible des sources de revenu et de richesse qu'oflrent les contrees dont il s'agit les droits de souverainete de la Russie jusqu'au 51- de latitude Nord pouvaient etre la matiere d'un doute. Nous les avons bornes en consequence au 54^ 40' et pour quMl ne put s'elever a cet egord aucune reclamation nouvelle, nous avons permis que sur toute Tetendue de cote oii nos droits avaient ete contestes, une des Puis- sances avec laquelle nous etions en litige, partageat pendant dix ans les benefices de la chasse, de la peche et due commerce avec les indi- genes. Nous oti'rons les memes avantages a 1' Angleterre, mais les accorder a perpetuite, ce serait n'obtenir la reconnaissance de nos titres de souverainete que por en abdiquer Texercice, ce serait consentir a ne posseder desormais que de nom ce que nous possedons de fait aujourd'hui. Le Ministere Ang-lais sera f rappe de ces considerations, et nous osons croire que des lors il reduira les demandes renfermees dans son projet de Convention touchant les privileges de commerce, aux termes de ses declarations anteri cures. Ad. 2. Outre la faculte de faire la chasse, la peche et le commerce a perpetuite sur la partie de la cote N. O. qui nous appartiendrait depuis le 54° 40' de latitude Nord jusqu'au 59°, le Ca])inet de St. James selon le sens que Sir Charles Bagot attachait a ses propositions, reclama la meme faculte pour dix ans sur la cote et les lies qui s'etendent du 59-' au detroit de Behring. Ici nous citerons encore I'ofiice que Mr. Canning vous a adresse. M. le Comte. en date du 29 Mai." 11 y est dit (|ue rAngleterre demanderait le libre usage de tons les Heuves qui traverseraient la lisiere de cote appartenante a la Russie, et de toutes les mers, detroits, bales, etc., etc., qui se trouveraient dans ses domaines. * * * Quelques lignes plus bas I'office du principal Secretaire d'Etat ajoute qu'il regarde comnie entendu et stipule que la Russie retire toutes les pretensions exclusives qu'elle avait mises en avant dans Toukase de 1821, relative- ment Ti la narigation et a la juridiction de TOcean Paciticiue du Nord. Quand on compare ces deux demandes qui se suivent de si pres et qui s'expliquent et se complettent pour ainsi dire. Tune par Tautre, il est difKcile d'v trouver autre chose que la libre navigation des eaux et des « See Note B. 198 DIPLOMATIC CORRESPONDENCE luers qui baigneraient les possessions de la Russie. Or cette liberte, nous nous somnies toujours montrcs prets a la garantir. Des ordres difforeiis do la tenour de Poukaso du 4 10 Septembre 1821, ont ete t'xpi'dii's a nos croisieres des rouverture des pourparlers, et nous nous oiiuat-vrions volontiers par des stipulations formelles a laisser de.sor- inulsles vaisseaux etrangers naviguer sans entravessur toute I'etendue de rOcean Paeiti(iue Septentrional, en eirconscrivant Texerciee de nos droits de juridiction maritime a la distance de deux lieues marines de nos etal)lissemens et de nos cotes jusques et }' compris le detroit de Behriiig. comme le propose le projet de Convention^ envoye par le Cal)inet de St. James, mais quant a la chasse, a la peclie et au eom- meree avee les naturels du paj'S nous ne pouvons nous empecher d'etablir uue distinction importante. Les titres de souverainete de la Russie sur la cote N. O. lui out ete disputes a partir du 59^ de lat. N. En consequence depuis ce degre juscju'a la parallele qui t'ormerait notre limite meridionale, nous nous somnies empresses d'oilrir des avantages particuliers aux Puissances avec lesquelles nous etions en discussion. Nous avons accorde pour dix ans aux Americains le droit de peche de chasse et de commerce avec les naturels du pays et nous souscirons la meme concession en faveur des sujets de S. M. B. mais il doit etre Men entendu que cette concession ne comprendra que Fespace rent'erme entre le 59^ et la limite meridionale de notre territoire c. a. d. le 51"-^ 40', car au nord du 59' les titres de souverainete de S. M. I. n'ont jamais ete mis en doute, non seulement dans aucim ecrit officiel, mais encore dans aucun des articles que les feuilles d'Angleterre et d'Amerique ont publics sur cette (juestion. Pour pen qu'on veuille peser une circonstance aussi decisive pretendra-t-on que nous placions sur la meme ligne les domaines disputes et ceux qui ne le sont pas, que nous nous soumettions pour les uns et les autres aux memes sacritices que nous excitions les justes alarmes de notre Compagnie Americaine et qu'en ouvrant la chasse la peche et le commerce avec les naturels du pays pour dix ans, nous ('X];)osions Ti une mine totale des establissemens dont le noml)re aug- nieiite de jour en jour dans des contrees qui nous appartiennent a tons les titres. qu'assurent une premiere decouverte, une occupation imme- diate (^t nn^Ue (|ui comte prcs d'un siecle, et une possession paisible con- trc laquellc aucune Puissance n'a jamais reclame. Certes dans cette partie clo ses domaines la Russie a bien le droit de ne prendre pour guide de ses reglemens de commerce que ses propres besoins et ses ])ropres convenances. Elle a bien le droit d'y recueillir librement tons les i)rotits de la chasse et de la peche et sauf a respecter et a observer les princi))es generaux des lois qui prononcent sur les rapports recipro- (lues (les nations, elle est maitresse d'v adopter toutes les mesures (ju'elle juge utiles ou necessaires. ("est ainsi qu'elle ne saurait consentir a y admettre la concurrence des connnereans chasseurs ou pecheurs etninoers. mais qu'en interdi- sant le e(.mmerce. la chasse et la peche elle n'interdira nuUement la navigation et (ju'elle bornera Texercice de sa juridiction maritime a deux lieues marines de ses cotes et de ses iles. ad :y". Lii troisieme clause a laquelle nous ne saurions consentir dans le projet de Convention Britanni(|ue, concerne I'ouverture a perpetuite du port de Sitka ou Novo-Archangelsk. ("est nous memes ({ui dans nos negociations avec Sir Charles Bagot avons annonce que le Port de Sitka serait ouvert aux vaisseaux et au RELATING TO TREATY OF 1825. 199 commerce etrang-ei's. Nous persistons dans nos intentions :\ cet egard mais il nous est impossible de contracter un eng-agement indetini, de nous lier les mains pour un avenir sans bornes. Nous pourrions garan- tir que le Port de Sitka ne serait pas ferme de dix ans, et au bout de dix ans il est probable que nous y laisserions subsister les reglemens que nos y aurions introduits. Aller plus loin serait de notre cote un acte d'impr«'voyance. Des conjonctions innatendues pourraient nous forcer a revoquer ou a modifier ces privileges. C'est une latitude que tout Gouvernement doit se reserver en pareille occasion. Nous ne voyons pour nous aucune obligation d'y renoncer et nous n'y renonce- rions pas sans nous exposer a de graves inconveniens. Nous ne sauri- ons done dans oette circonstance sig'ner de stipulacion perpetuelle. Tels sont Mr. le Comte, les trois points du projet de Convention Bri- tannique, que TEmpereur n'a pas trouves admissibles. Toutes les autres propositions de la Cour de Londres out ete acceptees et nous avons remis a Sir Charles Bagot le contre projet ci-joint. Ses instruc- tions etaient trop precises pour qu'il put consentir a des modifications. La seule dont il nous ait parle, se reduisait a stipular I'ouverture du Port du Sitka pour ving-t ans, terme qui est encore trop long. II ne nous est done reste que la voie des explications directes et nous nous plaisons a esperer qu'elles ne seront pas infructueuses. Notre contre projet reporte nos limites du 51 degre de Lat. N. au 54:^ 40'. 11 laisse aux etablissemens que les Compagnes Anglaises pourront former un jour sur la cote N. O. tout la territoire situe au midi du Portland Channel. II supprime la designation des montagnes pour limites de la lisiere de terre ferme ([ue la Russie possederait sur le continent Americain, et borne la largeur de cette lisiere a dix lieues marines d'apres le desir de I'Angleterre. D'apres son desir encore, il ouvre aux sujets Britanniques la navigation de tous les fleuves qui traverseraient cette lisiere, entin il leur assure des advantages egaux a ceux qu'ont obtenus les sujets des Etats-Unis, et il annulle de fait Foukase du -t-lG Septembre, 18:21, en declarant d'une part que nous n'exercerons de juridiction maritime qu'a deux lieues de nos cotes et de nos iles sur toute Tetendue de nos possessions, et en stipulant d'une autre, qu'aucune entrave ne sera mise ni a la libre navigation de rOcean Pacifique, ni meme au libre passage du detroit de Behring. Dans une negociation qui devait avoir pour base le principe des con- venances reciproques nouscroyons qu'il etait difficile de respecter plus scrupuleusement toutes celles de I'Angleterre. V. E. aura soin de faire apprecier ii Mr. Canning nos vues et notre constante moderation. EUe lui representera avec quel empressment nous avons admis toutes les demandes de la Grande Bretagne qu'il nous etait possible d'admettre, comljien nous avons lieu de nous atten dre maintenant a une juste reciprocite, combien notre projet est con- forme aux declarations renfernees dans Toflice du principal Secretaire d'Etat de S. M. B. en date du 29 Mai, et combien il serait utile en adoptant ce contre projet (car nous ne saurions pousser plus loin nos sacrifices), de terminer entre les deux Gouvernemens des discussions toujours facheuscs et dont on etoufl'erait jusqu'au dernier germe. V. E. est authorisee a donner lecture et copie de la presente depeche a Mr. Canning, et dans vos entretiens avec ce Ministre vous pourrez, Mr. le Comte, ajouter I'observation que par notre Traite avec les Etats-Unis en date du yy Avril. nous n'avons jamais entendu leur accorder le droit de chasse, de peche etde commerce avec les indigenes 200 DIPLOMATIC CORRESPONDENCE pour dix ans, que duns celles de nos possessions que nous avait ete contcstees ou en d'autres termes dans Pespace compris entre le 54^ 40' et le 59- 30' de Latitude Septentrionale. Note A.— At this point is tlie foUowinji: marginal note: "It can hardly be expected that we should not also put in our claim for the like pririh'(/i-» of tradi- (is are or mail he xtqinlaled with Jiassia by any other nation.'^ (Ofhce de Mr. Canning an Comte de Lieven < n date du 29 Mai 1824. ) Note B. — At this point is the following marginal note: "In precise and positive stipulation for the free use of all rivers which may be foun'd to einptv themselves into the sea within the Russian frontier, and of all seas which the limits assigned to Russia may comprehend * * * and we take it for granted that the exclusive claims of iiavigation and jurisdiction over the North Pacific Ocean, which were put forward in the ukase of September, 1821, are to be altogether withdrawn." (Ottice de Mr. Canning au Comte de Lieven en date du 29 MaiTl824.) [Translation.] Count Nesselrode to Count Lieven. Penza, August 31, 18U. (Sent Sept. 13 25.) In your despatch No. 96, your excellency sent me a memorandum which Mr. Canning- had addressed to you, after discussing with you the questions of l)()undar\' and maritime jurisdiction which were to be settled between Russia and England on the northwest coast of America. In that memorandum, Mr. Canning, in discussing- the last propo- sitions which we had made to Sir Charles Bagot, informed you, M. le Comte. that they would be accepted, with the exception of some shades of ditierence and some additional clauses, which would not change in the least the suljstance of our draft of settlement. These clauses were to consist of a more exact description of the strip which we were to possess on the American continent, the selection of a degree of longitude more to the w^est, beginning at Mount St. Elias, and the free navigation of the rivers, seas, straits, and bays which the dominions of II. I. M. might contain. As we have already d«H'lared previously that the ukase of September 4 (!<)), ISjil. woidd not l)e executed so far as related to the sea limit of loo miles within which it prohibited the navigation of foreign vessels; as, on the other hand, we ourselves had hastened to otier to the sub- jects of His Britannic Majesty, in our negotiations with Sir Charles Bagot, liberty to descend and to ascend all the rivers which might cross ()ur territory on the northwest coast, it seemed to us that the modifications desired by Mr. Canning would not inv^olve any difticulty, and we flattered ourselves that so soon as the English ambassador should receive tinal instructions we could conclude with him an arrange- ment equally conducive to the rights and the interests of both powers. Our contidence seemed the better founded in that Sir Charles Bagot had declared to us on .several occasions, and Mr. Canning repeated in his memorandum mentioned above," that England would confine her- self to asking for her commerce in those waters the privileges which Kussia might grant or which she might have granted to other nations. Ihis point ought, therefore, according to all probabilitv, to be as easy to .settle as the others. « See Note A. RELATING TO TREATY OF 1825. 201 Nevertheless, three months elapsed before the instructions of the plenipotentiary of the Court of London were sent to him, and when, at last, they arrived, by the hands of Mr. Ward, a few days before our departure, we found, to our great regret, that they consisted of a draft of a convention which, in several very essential points, was very far from meeting our expectations. You have read it rapidly, M. le Comte, but in order that you may form a better estimate of it I send you a copy. I have made, in some marginal notes, some remarks as to minor points, and I reserve to myself the duty of making, in this dispatch, the most important obser- vations, those concerning clauses which it is utterly impossible for us to accept. They are three in numljer: 1. Liberty to English subjects to hunt, to lish, and to trade with the natives of the country, perpetually, on the whole of that part of the coast which constitutes the subject of the discussion, and whicli extends from 59"^ of north latitude to .54- 40'. 2. Liberty to English subjects to hunt, to tish, and to trade with the natives of the country for ten years on another part of our coasts and islands, from 59^ north latitude to Bering Strait. 3. The permanent opening of the port of Sitka or Novo-Archangelsk. As to the first: The draft of convention of the cabinet of London does not express itself with perfect precision upon this article, and it was only through our oral conversations with Sir Charles Bagot that we learned"^that England demanded the right to hunt, to tish, and to trade, forever, in that part of the dominion of Russia: but those explanations were so positive that they left us in no doubt as to the wishes of the British cabinet. In order to know whether we had no reason to be surprised at it, and whether it is possil)le for us to grant it. it suffices to read again, on the one hand, the passage from Mr. Canning's memorandum which I cited above, and, on the other hand, to glance at our convention with the United States. The chief secretary of state of His Britannic ^Majesty has declared to you officially and inwriting that P^ngland w^ould ask of us commercial iprivileges similar to those which we might grant to other powers. Now, the United States is the only power to which we have ever granted any, and those which we have guaranteed to her by the convention of April 5 (17) of the present year are to last only ten years. We would, therefore, satisfy the demands which England herself has presented to us by guaranteeing the same privileges to her for the same space of time. Besides, how could we consent to grant to British sub- jects privileges of this kind which we have just refused to American subjects. The British subjects, and we can not repeat this too often, have never pushed either their establishments or their commercial opera- tions as far as the northwest coast. The evidence of the latest maps published in England reveals and proves this fact. If the Hudson Bay and the Northwest companies have approached the coast it is only within the last three yeai's. whereas the American subjects have con- stantly frequented these waters, and it is their enterprises that have given rise to the discussions which we are laboring to terminate. Would it be possible for us, after this, even if our interests permitted it; to give them for ten years [only] what we would give forever to the British subjects i 202 DIPLOMATIC CORKESPONDENCE We have been willino- to suppose that, in spite of a formal taking possession, a long- occupation of the principal points, and a peaceful exploitation of the sources of revenue and wealth presented by the countries in question. Russia's rights of sovereignty to the tifty-tirst deo-ree of north latitude might be the subject of a doubt. We have, consequently. coiiHiukI them to the 54^ 40', and, to prevent any new dispute from arising on this point, we have permitted one of the powers with which we were in litigation to share for ten years, on the whole extent of the coast where our rights had been disputed, the prohts of hunting, tishing, and trading with the natives. We offer the same advantages to England; but to grant them forever would be to obtain the recognition of our rights of sovereignty only to abandon the exer- cise of them. It would be consenting to possess hereafter only in name what we now possess in fact. The English ministry will be struck by these arguments and we venture to believe that "it will then bring back to the terms of its pre- vious declarations the demands contained in its draft of convention with regard to commercial privileges. As to 2: Besides the right to hunt, to lish, and to trade forever on that part of the northwest coast which would belong to us from 54^ 40' of north latitude to 59^, the cabinet of 8t. James, according to the meaning which Sir Charles Bagot attached to its propositions, demanded the same right for ten years on the coast and islands extending from 59 - to Bering Strait. Here we will again cite the memorandum which Mr. Canning addressed to you, 5l. le Comte, under date of May 29." It is there stated that England would demand the free use of all the rivers which might cross the strip of coast belonging to Russia, and of all the seas, straits, bays, etc., which might be within her dominions. * * * A few lines farther down the memorandum of the chief secretary" of state adds that he considers it to be understood and agreed upon that Russia will withdraw all the exclusive claims which she had set up in the ukase of 1821 with respect to the navigation and jurisdiction of the North Pacific Ocean. When we compare these two demands, which follow each other so closely, and which, so to speak, explain and com- plete each other, with each other, it is difficult to lind an3'thing more in them than the free navigation of the waters and seas bathing the possessions of Russia. Now, we have always shown ourselves readj^ to guarantee this freedom [of navigation]. Orders differing from the tenor of the ukase of September 4 (i(J), 1S21, were sent to our cruisers at the ver3^ opening of the negotiations, and we would willingly engage, b}^ formal stipulations, to allow foreign ves- sels hereafter to navigate the whole extent of the North Pacific Ocean, without let or hindrance, confining the exercise of our rights of mari- time jurisdiction to the distance of 2 marine leagues from our estab- lishments and our coasts, up to and including Bering Strait, as the draft convention sent ])y the cabinet of St. James proposes: but as to hunting, tishing. and trading with the natives of the countrv, we can not avoicl making un important distinction. Russia's rights of sovereignty over the northwest coast, beginning at 59- of north latitude, have beeii disputed. Hence, between that degree and the parallel which would form our southern boundary, we hastened « See Note B. EELATING TO TREATY OF 1825. 203 to offer special advantages to the powers with which we were in dis- pute. We granted to the Americans for ten years the right to fish, to hunt, and to trade with the natives of the country, and we will make the same concession in favor of the subjects of His Britannic Majesty; but it must be well understood that this concession will only comprise the space inclosed between latitude 59"" and the southern boundary of our territory, to wit, latitude 54^ 40', for to the north of the fifty-ninth degree His Imperial Majesty' \s rights of sovereignty have never been questioned, not only in no official document, but in none of the articles which the English and American newspapers have published on this subject. If an}^ weight is attached to such a decisive fact as this, will it be asked that we shall place the disputed and the undisputed territory on the same footing; that we shall submit to the same sacrifices for both; that we shall arouse the just alarm of our American company, and that by throwing open for ten years the hunting, the fishing, and the trade with the natives of the country, we shall expose to total ruin estab- lishments which are increasing in number ever^^ day, in regions which belong to us by every title that can be conferred b}" a first discover}", an immediate and actual occupation of more than a century, and a peaceful possession against which no power has ever protested? As- suredly, in this part of her dominions, Russia has certainly the right to be guided in the enactment of her commercial regulations onh^ by her own needs and her own convenience. She has certainly the right there to reap freely all the profits of the hunting and fishing, and, provided she respects and observes the general principles of the laws governing the mutual relations of nations, she is at perfect liberty to adopt there all such measures as she may deem useful or necessary. For these reasons she can notconsent to permit there the competition of foreign traders, hunters, or fishermen; but, while prohibiting trad- ing, hunting, and fishing, she will by no means prohibit navigation, and she will confine the exercise of her maritime jurisdiction to 2 marine leagues from her coasts and her islands. As to 3: The third clause, to which we can not consent in the British draft convention, relates to the opening forever of the port of Sitka or Novo-Archangelsk. We ourselves, in our negotiations with Sir Charles Bagot, announced that the port of Sitka would be open to foreign vessels and commerce. We persist in our intentions in this particular, but it is impossiljle for us to contract an indefinite obligation, to bind our own hands for an unlimited future. We might guarantee that the port of Sitka should not be closed for ten years to come, and at the expiration of the ten 3"ears it is probable that we would allow the regulations which we had introduced there to continue. It would be an act of imprudence on our part to go any further. Unexpected conjunctures might compel us to revoke or to modify such privileges. This is a freedom of action that ever}" Government ought to reserve to itself under similar circum- stances. We see no obligation on our part to renounce it, and we could not renounce it without exposing ourselves to serious embarrassments. We can not, therefore, sign any perpetual stipulation on this point. Such, M. le Comte. are the three points in the British draft conven- tion that the Emperor has found inadmissible. All the other proposi- tions of the Court of London have been accepted, and we have deliv- ered to Sir Charles Basot the inclosed counterdraft. His instructions 204 DIPLOMATIC CORRESPONDENCE Avere too precise to permit him to consent to any changes. The only one of which he spoke to us was continetl to the stipulation of the open- ing- of tiie port of Sitka for twenty years, which period was still too long. There remained to us. therefore, only the channel of direct neg-<)tiations, ajid we take pleasure in hoping that they will not be f ruitU'ss. Our counterdraft carries our l)Oundary from the fifty-first degree of north hititude to 54' 40'. It leaves to the estal)lishments which the English companies may form hereafter on the northwest coast all the territory situated to the south of Forthind Channel. It abolishes the esta])lishment of tlie mountains as the boundary of the strip of main- land which Russia would possess on the American Continent, and limits the width of this strip to 10 marine leagues, in accordance with the Avishes of Kngland. Again, in accordance with her wishes, it opens to British subjects the navigation of all the rivers crossing this strip. Lastly, it secures to them advantages e([ual to those obtained by the subjects of the United States, and it virtually repeals the ukase of September 4 (16), 1821, by declaring, on the one hand, that we will exercise maritime jurisdiction only to the distance of 2 leagues from our coasts and from our islands, upon the whole extent of our possessions, and by stipu- lating, on the other hand, that no obstacles shall be placed in the way either of the free navigation of the Pacific Ocean or even of the free passage of Bering Strait. In a negotiation which should have as its basis the accommodation of l)oth parties, we think that it would be difficult to show greater respect to the wishes of England. Your excellency will be careful to impress upon Mr. Canning our views and our constant moderation. You will represent to him with what alacrity we have granted all those demands of Great Britain that it was possible for us to grant, what good reason we have to expect a fair return from her now, how exactly our draft agrees with the declarations contained in the memorandum of the chief secretary of state of His Britannic Majesty, dated May 29, and how expedient it would be to put an end. by the adoption "of this counterdraft (as we can not carry our sacrifices any further), to discussions between the two (xoveriunents. which are always disagreeal)le, and the verv last gerin of which would tlierel)y be destroyed. Your exc(dlency is authorized to read this dispatch to Mr. Canning- and to give him a copy of it, and in your conversations with that minister yoji may adtl, M. Ic Comte, the remark that, in our treaty of April 5 (17), with the Unitetl States, we only meant to grant her the right of fishmg, hunting, and trading with the natives for ten years in those of our possessions that had l)een disputed, or, in other\vords, in the space comprised between latitude .54' 40' and 59^ 30' north. NoTK A.— At this point is the follo\viiit"now presented on the part of those plenipotentiaries to be enabled to say positively whether it can be accepted in all its parts. Hut I would fam hope that the ditferences between us mav not be insurmountable. And I do most earnestlv entreat your excellencv to .^ulnml to your court, by your first messenger, the expediencvof send- ing to your excellency instructions and full powers to conclude and sitrn the treaty here. This will .save three months. It will enable us to conclude before the meeting of Parliament. And I do assure vour excellencv that, after tbe expectations which have been .so often lield out to Parliament of a RELATING TO TREATY OF 1825. 207 speedy and satisfactoiy termination of the discussions respecting the ukase of 1821, I can not look forward without uneasiness to the disap- pointment of those expectations. I know that the ukase is practically suspended; but we have no doc- ument to show that it is so; and we have, as your excellency knows, purposely al^stained from requiring- an}', in the hope that the subject of the ukase would be merged in the larger arrangements respecting- the northwest coast of America. I write to Mr. Ward in the sense of this letter. And I most anxiously wish that no personal delicacj^ may prevent your excellency from repeating and enforcing* nn' suggestion. 1 have, etc., George Canning. Mr. G. Ckuinlng to Mi\ Ward. No. 3.] Foreign Office, Septeniher 13, IS^Jf.. Sir: Sir Charles Bagot's despatches of the 26th August were received here on the 9th instant, and have been laid before the King. The only point on which I have to instruct you, in consequence of their arrival, is that of the refusal of the Court of St. Petersburgh to conclude and sign the treaty respecting- the northwest coast of America. Nothing could be less expected than this refusal, and the grounds of it are the more unsatisfactory, as part at least of the stipulations to which objection is taken was founded on suggestions of the Russian Plenipotentiaries themselves. I do not, however, intend that you should enter into argument upon this subject with Count Nesselrode, or the minister to whom the Porte- feville ma}' be intrusted in his al)sence. What you are to represent, and earnestly to urge with the Russian Government, is that they should send to Count Lieven instructions and full powers to conclude and sign the treaty here. By these means it will still be possible to bring it to a conclusion before the meeting of Parliament. And you will assure the Russian minister that this consideration weighs with us most par- ticularly, because the hope and promise of some amicable and satisfac- tory arrangement touching the ukase of 1821 has ])een so often conti- dentl}' held out to Parliament that we look forward with great anxiety to the discussions which might arise upon a fresh disappointment of those expectations. I am, etc., George Canning. Count Lieven to Count Nesselrode. LoxDRES, le 19 sqAerahre 1 octohre 182J^. Monsieur le Comte: La veille de son depart pour Plrland, Mr. Canning m'a addresse la note ci-jointe. dans la quelle il expose les motifs qui font desirer au Gouvcrnement Britannique le transfert a Londres de la negociation relative aux possessions des deux Etats sur la cote Nord Guest de TAmerique. En transmettant cette piece en original a Votre Excellence, je ne saurais. Monsieur le Comte, qu'en referer I'objet a la consideration du Ministere Imperial. J'ai rhonneur, etc. OQS DIPLOMATIC CORRESPONDENCE [Translation.] Count Lieven to Count Wesselrocle. London. Sejyteriiher 19 Octoler 1. 182 Jf.. MoxsiEUR LE Comte: The day before his departure for Ireland, Mr. Canninof addressed iiie the inclosed note, in which he states the reasons which cause the British Government to desire the transfer to London of the negotiations relating to the possessions of the two States on the northwest coast of America. In transmitting this document in the original to your excellency, I can only. Monsitnir le Comte, refer the subject to the consideration of the Imjjerial Ministr}-. 1 have the honor, etc. J//'. G. Ginning to J/r. S. Canning. Xo. 1.] Foreign Office, December 8., 182 Jf,. Sir: His Majesty having been graciously pleased to name you his plenipotentiary for concluding and signing with the Russian Govern- ment a convention for terminating the discussions which have arisen out of the ]:)ronudgation of the Russian ukase of 1821, and for settling the respective territorial claims of Great Britain and Russia on the northwest coast of America. I have received His Majest3^"s commands to direct you to repair to St. Petersburg for that purpose, and to furnish you with the necessary instructions for terminating this long- protracted negotiation. The correspondence which has already passed upon this subject has been suljinitted to your perusal, and I inclose to you a copy — 1. Of the "'projet '" which Sir Charles Bagot was authorized to con- clude and sign some months ago. and which we had every reason to expect would have l)een entirely satisfactory to the Russian Govern- ment. •1. Of a "contre-projef* drawn up bv the Russian plenipotentiaries, and presented to Sir Charles Bagot at their last meeting before Sir Charles Bagot's departure from St. Petersburg. 3. Of a dispatch from Count Nesselrode. accompanying the trans- mission of the "contre-projet" to Count Lieven. In that dispatch, and in certain marginal annotations upon the copy of the "projet.*" are assigned the reasons of the alterations proposed by the Russian i)leiiip(>tentiaries. In considering the cxpt'diency of admitting or rejecting the proposed alterations, it will he convenient to follow the articles of the treaty in tht> order in which they stand in the English "projet." You will observe, in the tirst place, that it is proposed bv the Russian plenipotentiaries entirely to change that order, and to transfer to the latter part of the instrument the article which has hitherto stood first in the "projet.*" To that transposition we can not agree, for the verv reason which Count Nesselrode alleges in favor of it. viz. that the " economic** or arrangement of the treatv ought to have reference to the historv of the negotiation. The whole negotiation grows out of the ukase of 1821. RELATING TO TREATY OF 182o. 209 So entirely and absolutely true is this proposition liiat the settlement of the limits of the respective possessions of Great Britain and Hussia on the northwest coast of America was proposed by us only as a mode of facilitating the adjustment of the ditierence arising from the ukase by enabling the court of Eussia. under cover of the more comprehen- sive arrangement, to withdi'aw. with less appearance of concession, the offensive pretensions of that edict. It is comparatively inditi'erent to us whether we hasten or postpone all questions respecting the limits of territorial possession on the con- tinent of America, but the pretensions of the Kussian ukase of 1821 to exclusive dominion over the Pacilic could not continue longer unre- pealed without compelling us to take some measure of public and effectual remonstrance against it. You will therefore take care, in the first instance, to repress any attempt to give this change to the character of the negotiation, and will declare without reserve that the point to which alone the solici- tude of the British Government and the jealousy of the British nation attach any great importance is the doing away (in a manner as little disagreeable to Russia as possible) of the effect of the ukase of 1821. That this ukase is not acted upon, and that instructions have been long ago sent by the Kussian Government to their cruisers in the Pacific to suspend the execution of its provisions, is true: but a private disavowal of a published claim is no security against the revival of that claim. The suspension of the execution of a principle may be perfectly compatible with the continued maintenance of the principle itself, and when we have seen in the course of this negotiation that the Russian claim to the possession of the coast of America down to latitude .51» rests in fact on no other ground than the presumed acquiescence of the nations of Europe in the provisions of an ukase published by the Emperor Paul in the year 18uo. against which it is affirmed that no public remonstrance was made, it becomes us to be exceedingly careful that we do not. by a similar neglect, on the present occasion allow a similar presumption to be raised as to an acquiescence in the ukase of 1821. The right of the subjects of His Majesty to navigate freely in the Pacific can not be held as matter of indulgence from any power. Hav- ing once been publicly Cjuestioned. it must he publicly acknowledged. We do not desire that any distinct reference should be made to the ukase of 1821; but we do feel it necessary that the statement of our right should be clear and positive, and that it should stand forth in the convention in the place which properly belongs to it. as a plain and substantive stipulation, and not be V)rought in as an incidental conse- cpience of other arrangements to which we attach comparatively little importance. This stipulation stands in the front of the convention concluded between Russia and the Tnited States of America, and we see no rea- son why upon similar claims we should not obtain exactly the like satisfaction. For reasons of the same nature we cannot consent that the liberty of navigation through Bering's Straits should be stated in the treaty as a boon from Russia. The tendencv of such a statement would he to give countenance to those claims of exclusive jurisdiction against which we. on our own behalf and on that of the whole civilized world, protest. 21528—03 21 •JIO DII'LOMATIO CORRESPONDENCE No specitii-atit)!! of this sort is found in the convention with the Unitotl States of America, :ind yet it can not be doubted that the Anieri- cans.consider themselves as secured in the right of navig-ating Bering Straits and the sea beyond them. It can not be expected that Enghind should receive as a boon that which the Tnited States hold as a right so unquestionable as not to be worth recording. Perhai)s the simplest course after all will be to substitute, for all that part of the "projet'' and '"•counter-projet" which relates to maritime rights and to navigation, the first two articles of the convention already concluded by the Court of St. Peterslnirg with the United States'of America in the order in which they stand in that convention. Russia can not mean to give to the United States of America what .she withholds from us; nor to withhold from us anything that she has consented to give to the United States. The uniformity of stipulations in pari materia gives clearness and force to both arrangements, and will establish. that footing of equality between the several contracting parties wliich it is most desirable should exist l)etween three powers whose interests come so nearly in contact with each other in a part of the glolje in which no other power is concerned. This tiierefon^ is what 1 am to instruct you to propose at once to the Russian minister as cutting short an otherwise inconvenient discussion. TIj is expedient will dispose of Article 1 of the " projet "" and of Articles V and yi of the ''contre-projet." The next articles relate to the territorial demarcation, and upon them I have only to make the following observations: The Russian pleni})otentiaries propose to withdraw entire!}' the limit of the lisierc on the coast, which they were themselves the first to pro- pose, viz. the sunnnit of the mountains which run parallel to the coast, and which appear, according to the map, to follow all its sinuosities, and to sul)stitute generall}^ that which we only suggested as a corrective of tiieir tirst proposition. ^^'e can not agree to this change. It is quite obvious that the bound- ary of mountains, where they exist, is the most natural and etfectual boundary. The inconvenience against which we wished to guard was that which you knowand can thoroughly explain to the Russian pleni- potentiaries to have existed on the other side of the American Conti- nent, when niountains laid down in a niiipas in a certain given position, and assum(>d in faith of the accuracy of that map as a boundary between the possessions of England and the'United States turned out to be quite diflcrently situated, a discovery which has given rise to the most per- plexing discussions. Should the maps be no more accurate as to the western than as to the eastern mountains, we might be assignino- to Russia immense tracts of inland territory, where we only intended to give, and they only intended to ask, a strip of seacoast. To avoid the chance of this inconvenience we proposed toqualifvthe general proposition "that the mountains should l)e the boundarv.with the condition if those mountains should not])e found to extend beyond 1 < » leagues from the coast. "' The Russian plenipotentiaries uoav propose to take the distance invariably as the rule. But we can not consent to this change. The mountains, as 1 have said, are a more eligible boundary than any imaginary line of demarcation, and, this being RELATING TO TREATY OF 1825. 211 their own original proposition, the Russian Plenipotentiaries can not reasonably refuse to adhere to it. Where tlie mountains are the boundary, we are content to take the summit instead of the '^seaward base" as the line of demarcation. I omitted in my last instructions to Sir Charles Bagot, though 1 had signitied to Count Lieven, that I intended to require a small extension of the line of demarcation from the point where the lisiere on the coast terminates in latitude 50 to the northward. The extension required is from 189^ to 141^ west longitude, the latter being the parallel which falls more directly on ^Nlount Elias. With regard to the port of Sitka, or New-Archangel, the oiler came originally from Russia, but we are not disposed to ot)iect to the restric- tion which she now applies to it. We are content that the port shall be open to us for ten years, pro- vided only that if an}' other nation obtains a more extended term the like term shall be extended to us also. We are content also to assign the period of ten years for the recip- rocal li])erty of access and commerce with each other's territories,, which stipulation may be best stated precisely in the ternjs of article 4 of the American convention. These, I think, are the only points in which alterations nvo r(>quired by Russia. And we have no other to propose. A "pi-ojet" such as it will stand according to the observations of this dispatch is inclosed, which \'ou will understand as furnished to you as a guide for the drawing up of the convention, but not as pre- scribing the precise form of words nor fettering your discretion as to any alterations not varying from the substance of these instructions. It will of course strike the Russian plenipotentiaries that by the adoption of the American article respecting navigation, etc., the pro- vision for an exclusive tishery of 2 leagues from the coasts of our respective possessions falls to the ground. But the omission is in truth inynaterial. The law of nations assigns the exclusive sovereignty of 1 league to each power on its own coasts, without any specific stipulation, and though Sir Charles Bagot was authorized to sign the convention with the specitie stipulation of 2 leagues, in ignorance of what had been decided in the American convention, at the time, yet, after that con- vention has been some months before the world, and after the oppor- tunity of consideration has been forced upon us b}- the act of Russia herself, we can not now consent, in negotiating de novo, to a stipula- tion which, while it is absolutely unimportant to any practical good,, would appear to establish a contrast between the United States and us^ to our disadvantage. Count Nesselrode himself has frankly admitted that it was natural, that we should expect, and reasonaljle that we should receive, at the hands of Russia, equal measure, in all respects, with the United States of America. It remains onl}- in recapitulation, to remind you of the origin and l)rinciples of this whole negotiation. It is not on our part essentially a negotiation about limits. It is a demand of the repeal of an offensive and unjustifiable arroga- tion of exclusive jurisdiction over an ocean of unmeasured extent; but a demand qualified and mitigated in its manner, in order that its justice >212 DIPLOMATIC CORRESPONDENCE iimv 1)0 iicknowledg'cd and satisfied without soreness or humiliation on the ])art of Russia. ^^'(' neyotiato about territory to cover the remonstrance upon prin- ciple. But anv attempt to take undue advantage of this voluntar^^ facilit,y, we nuist oppose. If the present "projet" is agreeable to Russia, we are ready to conclude and sign the treaty. If the territorial arrangements are not satisfactory, we are ready to postpone them, and to conclude and sign the essential part, that which relates to navigation alone, adding an article stipulating to negotiate about territorial linu'ts hereafter. But we are not i)repared to defer any longer the settlement of that essential part of the (juestion, and if Russia will neither sign the whole convention nor tliat essential part of it she must not take it amiss that we resort to some mode of recording in the face of the world our pro- test against the pretentions of the ukase of 1821, and of eti'ectually securing our own interests against the possibility of its future operation. I am, etc., George Canning. Mr. S. Canning to Mr. G. Cannhig. No. 1;^>.J St. Petersburg, FSniari/ 1 {13), 1825. (Received March 2.) Silt: I avail myself of the return of the messenger Meates to inform you that yesterday evening I had my tirst conference with the Russian l)lenip()tentiaries. Count Xesselrode and M. de Poletica. After nuituallyconnnunicating our full powers, those of the Russian l^lenipotentiaries being the same which were exhibited to Sir Charles Hagot. I stated that the '"projet" which I was prepared to give in, agreeably to your instructions, respecting the ditferences growing out of the imperial ukase of September, 1821, would be found to contain fresh proofs of the conciliatory spirit in which His Majesty's Govern- ment had directed this negotiation, that it was now time to ])ring the negotiation, either in one way or another, to its tinal conclusion, and. with tiiis view, His Majesty's ministers, in empowering me to olier a new '"projet," had gone at once to the utmost extent'^of concession, justified by their senses of duty, in order to remove the objections of the Russiun (Jovernment. On reading the ''projeC' some difficulties were started and some discussion took place; but 1 hold it unnecessarv to trouble vou with a niore particular account of this conference as the Russian "plenipo-^ tentiaries were not then prepared to express any decided opinion as to those parts of the "projet" which do not entirely come uj) to their proposals, and I have expressly reserved to mvself the libertv of recording my e\])lanations in an official shape in the event of their persist mg to object to any essential part of its contents. Count Xesselrode said that he hoped to be ready with his answer in the course of a week. The Emperor's being again at Czarskoe-Zelo tor two or three days may possibly occasion some delay. I have, etc.. ' "^ Stratford Canning. RELATING TO TREATY OF 1825. 213 Contre-^yvojet sahmltttd hy Stratford Cannhuj Fchraary 1 (13), 1825. Sa ]VIajeste le Roi du Royaume Uni de la Grande Bretagne et d'Irelande, et Sa Majeste rEinipereur de tontes les Russies desirant resserrer les liens de bonne intellig'ence et d'aniitie (|ui les unissent, an nioyen d'un accord qui re^-leroit d'apres les principes de convenance ri'ciproque, divers points relatifs au Commerce, a la Navigation, et aux Pecheries de leurs Snjets sur TOcean Pacitique, ainsi qne les limites de leurs Possessions respectives sur la Cote Nord Guest de I'Amerique, out nomme des Plenipotentiaires pour conclure une Convention a cet effet; savoir, Sa Majeste le Roi du Royaume Uni de la Grande Bretagne et d'Irelande, et Sa Majeste TEmpereur de toutes les Rus- sies lesquels Plenipotentiaires apres s'etre communiques U^urs plein pouvoirs respectifs, trouves en bonne et due forme, ont arrete et signe les articles suivants: Article I. II est convenu que dans aucune partie du Grand Ocean, appele com- nuinement Ocean Pacitic, les Sujets respectifs des Hautes Puissance^ Contractantes ne seront ni troubles, ni genes, soit dans la Navigation, soit dans Texploitation de la peche, soit dans la faculte d'aborder aux Cotes sur des points qui ne seroient pas dejii occupes, atin d'y faire le Commerce avec les Indigenes, sauf toutefois les restrictions et condi- tions determinees par les Articles qui suivent. Article IL Dan la vue d'empecher que les droits de Navigation et de peche exercees sur le Grand Ocean par les Sujets des Hautes Parties Con- tractantes ne deviennent le pretexte d'un Commerce illicite, il est convenu cpie les Sujets de Sa Majeste Britannique niiborderont a aucun point ou il se trouve lui Etablissement Russe sans la permission du Gouverneur ou Conunandant; et que recipro(|uement les Sujets Russes ne pourront aborder sans permission a aucun Etablissement Britannique sur la Cote Nord Ouest. Article III, La ligne de demarcation entre les Possessions des Hautes Parties Contractantes situees fsur le Continent et les lies de TAmerique Nord Ouest sera tracee ainsi qu'il suit: Commenyant du point \e plus Meridional de Flsle dite Prince of ^Yales., lequel point se trouve sous le Parade le de 5-i degres 40 mi- nutes, et entre le 131me et le 133me degre de Longitude Ouest (Meridien de Greenwich), la dite ligne remontera au Nord (Tlsle Prince of Wales appartenant en entier a la Russie) le long de la Passe, dite Portland Channel., jusqu'a ce qu'elle touche a la Cote de terre ferme au 56me degre de Latitude Nord, depuis ce point ci, ou la ligne de demarcation touche au 56me degre. elle sui\]'a la crete des Montagues dans une direction parallele a la Cote, jusipi'au lllme degre de Longitude Ouest (Meme Meridien); et delii la ligne Meridienne du 141me degre de Lon- gitude Ouest dans son prolongement jusqu'a la Mer Glaciale formera •:>14 DIPLOMATIC COKRESPONDENCE la fi-ontir-ro entro los Possessions respeetives des deux Puissances; pourvu iiranmoin.s, (lui si la Crete des susdites Monta^nes, dans (|UcKlue pavtie que oe soit, de leur etendue, so trouvera situee a phis de dix lieue^ niaritimos de la Mer Pacilique, la ligne de demarcation, pour cet esi)ace. sera \nie ligne })arallele aux sinuo.sites de la Cote, de niuniere quo la dite lig-ne de demarcation ne sera en aucune partie a ])lus de dix lieues de la Cote. II est de plus convenu que nul Etablissement ne sera forme par Tune des deux Parties dans los limites assig-neos par cet Article ti I'autre; les Sujets Hritanniquos ne formerontauoun P]tablissement, soit sur la Cote soit sur la lisiere de terre ferme comprise dans les limites des Posses- sions Kusses telles qu'oUes sont designees par cet Article; et, de memo, mil Ktahlissoment pareil no sera forme par des Sujets Russes au dela ties dites limites. Article IV. II est entendu (pie les Sujets de Sa Majeste Britanniques, soit vonant de Tinterieur du Continent, soit arrivant de TOcean Pacifique, jouiront a perjx'tuite du droit de naviguer librement et sans molestation quel- coiuiiie toutes les Rivieres ou fleuves, qui dans leurs Coiirs a la Mer Pacitiipie traver.seront la ligne de demarcation an long de la lisiere de Ja Cote indiquee dans 1* Article precedent. APtTICLE V. II est, neanmoins, entendu (jue pour Pespace de dix Ans, a dater de la signature de cette Convention, les Vaisseaux des Hautes Puissances ou ceux appartenans a leurs Sujets respectifs, auront egaloment la liberte de frequenter, sans molestation quelconque, toutes les Mors iiitorieures, los Golphes, Ilavrcs et Criipies dans los parties de la Cote inentioiu'os dans TArticlo 3. — pour exercor la pecho, et traiiquer avec les Indigenes. Article VI. Le Port de Sitka ou No^■o Archangelsk sera ouvert au Commerce et iiux Vaissoaux des Sujets Pritanni(]ues durant I'ospace de dix Ans a dater de rochange des Ratifications do cette Convention. Au cas <|u'une prolongation do ce tonne do dix Ans sera accordoe a quolciifautro Puissmce. uno pareille prolongation en sera de menie accordoe a la re pareille prolongation en sera de menie accordoe a la ( liandc Hictairno. Article VII. La susdito lil)ei-to do Commerce no sera pas consee ombrasser lo trafic (\o^ liqueurs spirituousos. des Amies a feu, des Amies blanches, do la poudn^ a canon ou d'autres munitions de guerre, les Hautes Parties ('ontractantes, sVngagoant rociproquement a ne pas laisser vendre, ni ivrer de (iuol(|ue maniore que se puisse otre, aux Indigenes du Pays, les AiIkIi'-^ ci-do.ssus inentionnos. Articles VIII. lout \aisseau Hritanniciuo ou Russe naviguant rOcean Pacifique, qui sera torce ])ar des tompotcs, ou par queUpfautio accident a se RELATING TO TREATY OF 1S25. 215 refugier dans les Ports des Parties lespectives, aura la liberie' de s'y radouber et s'y pourvoir de toute chose necessaire et se reinettre en mer sans payer d'autres droits que ceux de Port et de fanaux, qui toutefois n'excederont pas les memes droits paves par les Navires Nationaux. Dans le cas, cependant, que le Patron d'un tel Navire se trouvera dans la necessito de se defaire d'une partie de ses Marchan- dises pour sul)venir a ses depenses, il sera tenu de se conformer aux Ordonnances et aux Tarit's de Tendroit oii il aura al)orde. Article IX. Dans tout cas de plaintes par rapport a I'infraction des Articles de la presente Convention, des Officiers employes de part et d'autre sans se perniettre, an preala])le, aucune voie de fait, ou mesure de force, seront tenus de faire un rapport exact de Tatfaire et de ses Circon- stances, a leurs Cours rospectives lesquelles sVugag-ent a le regler selon la justice et a Taniiable. Article X. La present Convention sera rattiee, et les Ratifications en seront echang-ees a dans Tespace de Mois, ou plutot si faire se pent. En foi de quoi, &c. Note. — The preceding Projet is in tlie handwriting of George Canning's secretary. It contains many annotations, ctirrections, and marginal notes in lead pencil in the liand writing of Matnsevich, an othcial of the Russian office and afterwards an Ambassador Extraordinary. The following is a copy of the projet, with these cor- rections and alterations incorporated. Portions of the original which thus undergo alteration are underscored in lead pencil. [Translation.] C(>ntre-2)rojet siihriittttd hy Stratford Canning, Fihraary 1 {IS),, 1825. His Majesty the King of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of all the Russias, desiring to draw closer the ties of good understanding and friendship which unite them, by means of an agreement which shall settle, in accordance with the principles of mutual acconunodation, various points relating to commerce and navigation and to the tisheries of their subjects in the Pacific Ocean, as well as the boundaries of tlieir respective posses- sions on the northwest coast of America, have appointed plenipoten- tiaries to conclude a convention for that purpose, to wit: His Majesty the King of the United Kingdom of Great Britain and Ireland, — — — -, and His Majesty the Emperor of all the Rus- sias, , which plenipotentiaries, after communicating to each other their respective full powers, found in good and due form, have agreed upon and signed the following articles: Article I. It is agreed that the respective subjects of the high contracting powers shall not ))e troul)led or annoyed in any part of the great ocean, commonly called the Pacific Ocean, either in navigation or in the exploitation of the fisheries, or in the right to land on the coasts at 21(5 DIPLOMATIC CORRESPONDENCE points not ulreadv occupied in order to trade there with the natives, subject, however,' to the restrictions and conditions provided in the follow in^;- articles: Article II. With a vi(Mv to prevent the rig-hts of navigation and fishing exer- cised in the great ocean hy the subjects of the high contracting partie,^ from beconifiig a pretextfor an illicit trade, it is agreed that the sub- jects of His Hritaniiic Majesty shall not land at any point where there is a Russian establishment without the permission of the governor or fonunandant, and that in return Russian subjects shall not land with- out pt'rmis-;ion at any British establishment on the northwest coast. Article III. The line of demarcition between the possessions of the high con- tracting parties situated on the continent and islands of northwest America shall ])e drawn as follows: Beginning at the most southern point of the island called Prince of Wales, which point is under the parallel of 54^ 40', and between the one hundred and thirty-first and the one hundred and thirty-third degree of west longitude (meridian of Greenwich), the said line shall ascend to the north (Prince of Wales Island belonging entirely to Russia) along the passage called Portland Channel until it touches the coast of the maiidand at the fifty-sixth degree of north latitude. Fi'om the point at which the line of demarcation touches the tifty-sixth degree it shall follow the crest of the mountains, in a direction parallel to the coast, to the one hundred and forty-first degree of west longitude, same meridian, and thence the meridian line of the one hundred and forty- first degree of west longitude, in its prolongation to the Arctic Ocean (Icy Sea), shall form the frontier between the respective possessions of the two powers: Proridid, JioLcerer. That if the crest of the said moun- tains, in any part whatever of their extent, shall be found to be more than ten mai-itime l(>agues from the Pacific Seni the line of demarcation for that space shall be a line paralhd to the sinuosities of the coast, so that the line of demarcation shall not be anywhere more than ten leagues from the coast. It is agreed, moreover, that no establishment shall be formed by either of the two parties within the limits assigned by this article to the othei'. British subjects shall not form any establishment, either (■)n the eoast or on the strip of mainland ineludcd in the limits of the Russian possessions as they are described in this article: and, in the same way. no such establishment shall be formed bv Russian subjects lieyond the said limits. Auticlk IV. It is understood that the sul)jectsof His Britamiic Majesty, whether coming from the interior of the continent or arriving from "the Pacific Ocean, shall i'lijoy forever the right to navigate, freelv and without any niol«>station whatever, all the rivers which, in their course to the racilic Ocean, cross the line of demarcation along the sti'ip of the coast mentioned in the preceding article. RELATING TO TREATY OK 1825. 217 Article V. It is, however, understood that for the period* of ten years, to date from the signing of this convention, the vessels of the high powers, or those l)elonging to their respective subjects, shall have equally the right to frequent, without any molestation whatever, all the interior seas, the gulfs, havens, and creeks in the parts of the coast mentioned in Article III, to carry on fishing and to trade with the natives. Article VI. The port of Sitka or Novo-Archangelsk shall be open to the connnerce and the vessels of British subjects for the period of ten ^^ears, to date from the exchange of the ratifications of this convention. In the event that a prolongation of this term of ten years is granted to any other power, a similar prolongation shall be likewise granted to Great Britain, Article VII. The above-mentioned freedom of commerce shall not be held to include the traffic in spirituous liquors, in tirearms. in side arms, in guni)owder, or other numitions of war. the high contracting parties binding them- selves nuitually not to furnish the natives of the countiy with the arti- cles above mentioned in any manner whatever. Article VIII. Every British or Russian vessel navigating the Pacific Ocean which may be compelled by storms or any other accident to take refuge in the ports of the respective parties shall have liberty to make repairs and to provide itself there with all necessaries, and to put to sea with- out paying any other dues than harbor and light-house dues, which, however, shall not exceed the same dues paid by the vessels of the country. In case, however, the master of such vessel should lind himself compelled to dispose of a portion of his goods to meet his expenses, he shall be bound to conform to the ordinances and tariti's of the place at which he has touched. Article IX. In every case of comphunt of the violation of the articles of the pres- ent convention, the officials employed on each side shall, without allow- ing themselves at tirst any act of violence or employment of force, be l)ound to make an accurate report of the matter and the circumstances connected with it to their respective courts, which bind themselves to settle it in accordance with justice and in an amicable manner. Article X. The present convention shall be ratilied and the ratitications shall be exchanged at within the period of — months, or sooner if possible. In witness whereof, etc. 218 DIPLOMATIC CORRESPONDENCE .9. Caiitil)i(fs Conti'r-Projrt ai< ultered and corrected hy Matusevich. Sa Majeste le Roi da Koyaume Uni de la Grande Bretague^ et de rirlande, et Sa Majeste PEnipereur de toutes les Russies de.sirant resserrer les liens de bonne intellioence et d'aniitie qui les unissent, au nioyen d'un accord qui reg-leroit. d apres le principe des convenances reciproques. divers points relatit's au Commerce, a la Navigation, et aux Pecheriesde leurs Sujets sur TOcean Paciiique, ainsi que les limites de leurs Possessions respectivessur la Cote Nord Quest de rAmerique, ont nomme des Plenipotentiaires pour conclure une Convention a cet etfet; savoir. Sa Majeste le Roi du Rovaume Uni de la Grande Bretagne et de rirlande". . Kt Sa Majeste TEmpereur de toutes les Russies ^ , les- de Lonoitude Ouest (mOme Meridien). RELATING TO TREATY OF 1825. 219 Article IV. II est entendu, 1^ que Tile elite Prhicc of Wales iippartieiulra tout entiere a la Russie. !^"^. Que la lisiere de cote mentionnee ci-dessus qui doit appartenir ti cette nienie Puissance et renionter de la parallele du of)" de latitude novd au i)oint d'jutersection du 141 de longitude ouest, aura pour liuiites la crete des moutagnes ainsi qu'il a ete dit plus haut, mais que partout oil la distance entre la crete des montagnes et la nier se trou- verait de plus de dix lieues marines la liniite de cette nienie lisiere sera formee par une ligne parallele aux sinuosite.s de la cote, et qui ne pourra jamais s'eloigner de la mer que de dix lieues marines. 3". Qu*a partir du point d'intersection du l-iF degre de longitude ouest, la ligne de ce meme degre t'orinera dans son prolongement vers la Mer Glaciale, la t'rontiere entre les possessions respectivesdesHantes Parties Contractantes. Article V. 11 est convenu en outre que nul etablissement ne sera forme par Tune des deux parties dans les limites assignees par cet article a Tautre; les sujets hritanniqnes ne formeront aucun etablissement, soit sur la cote, soit sur la lisiere de terre ferme comprise dans les limites des Possessions Pusses telles quVlles sont designees par cet article; et, de meme, nul etablissement pareil ne sera forme pai' des sujets russes au dela des dites limities. Article VI. Les sujets de Sa Majeste Britannique qui viendront de Tinterieur du Continent, arriver a TOcean Pacitique ou de TOcean Pacitique se rendre dans Tinterieur du Continent jouiront a perpetuite du droit de naviguer librement et sans entnire quelconque sur tous les lleuves et rivieres qui dans leurs cours vers la Mer Pacitique traverseront les limites de territoire russe sur la lisiere de la cote indic][uee dans Particle precedent. Article VII. Pendant Tespace de dix ans, a dater de la signature de cette con- vention, les vaisseaux des Hautes Puissances, ou ceux appartenans a leurs sujets respectifs, auront egalement la liberte de frequenter sans entra^'e ni empechements quelconque. toutes les mers interieures, les o'olphes, havres et criques dans les parties de la cote mentionnecs dans I'article 3 pour exercer la peche et tratiquer avec les indigenes. Article VIII. Le Port de Sitka ou Novo-Archangelsk sera ouvert au Commerce et aux Vaisseaux des Sujets 15ritanniques durant Tespade de dix Ans ii dater de Techange des Ratitications de cette Convention. Au cas qu'une prolongation de ce terme de dix Ans soit accorde a quelqu'autre Puissance, la meme prolongation sera egalement accordee a la Grande Bretaone. 220 DIPLOMATIC CORRESPONDENCE Article IX. La susilito liherti' de Conimerco lie s'appliquera point au tratic dct< licjiuHirs spiritueu.ses. dcs Armos a feu, dos Armes blanches, de la lH)udre a eanon. ou d'autre.s munitions de guerre, les Hautes Parties Contnictaiites s'engaoeant reciproiiuement ii ne laisser ni vendre ni livi-er de iiuelque nianieie (jue ee puisse etre, aux Indigenes du Pays^ les Articles ci-dessus nientionnes. Article X. Tout \'aissi'uu Hritainii(iue ou Russc naviguant sur FOcean Pacitique, ((ui sera force par des tenipetes, ou par quelqu' accident de se refugier dans les Ports des Parties respectives, aura la liberte de s\v radouber et s'v pourvoir de tons les objets qui lui seront necessaires et se remet- tre en nier sans payer d'autres droits (jue ceux de Port et de fanaux, lesquels seront ])or eux les nienies que pour les Inltiniens Xationaux. Si cependant le Patron du Xavirc avarie se trouverait dans la necessite de se defaire d'une partie de ses Marchandises pour subvenir a ses depenses. il sera tenu de se confornier aux Ordonnances et aux Tarifs de Tendroit ou il aura aborde. Article XL Dans tons les cas de plaintes relatives a I'infraction des Articles de la presente Convention, les autorites civiles et militaires des deux Ilautes Parties conti'actantes sans se pcrmettre, an prealable, ni voie de fait, ni inesure de force, seront tenus de faire un rapport exact de Tatiaire et de ses Circonstances, a leurs Cours respectives lesquelles s'engagent a la regler a Tamiable et d'apres les principes d'une parfait justice. Article XIL La prosciitc Convention sere ratitiee, et les Ratitications en seront eehangees a dans Tespace de niois, ou plutot si faire se pent. En foi de quoi, c<:c. [Traiishitioii.] N'. ('(iiuuii(fs cnnfrr-projif, ((!< altered and correcttd hy MatusevJch. His .Majesty the King of the Cnited Kingdom of Great Britain and Ireland and His Majesty the Enq)eror of ail the Russias, desiring to draw closer the ties of good understanding and friendship which unite them, by means of an agreement which shall settle, in accordance with the i)rincipleof mutual accommodations, various points relating to the commerce, the navigation, and the fisheries of their subjects in the Pacitic Ocean, as well as the boundaries of their resi)ective possessions on the northwest coast of America, have appointed plenipotentiaries to conchide a convention for that ])ur])()se. to Avit: I lis Majesty the King of tlie Cnited Kingdom of Great Britain and Ireland, .and His Majesty the Emperor of all the Rus- '^'""'u i ' ^'^^^'^^ l)lenipotentiaries. after communicating to j'ach other their i-esp(>ctive full powers, found in good and due form, liave agreed upon and sign.nl the following articles: RELATING TO TREATY OF 1825. 221 Article 1. It is agreed thiit the respective subjects of the high contracting par- ties shall not lie troubled or annoyed in any part of the great ocean, commonly called the Pacific Ocean, either in navigation, or in the ex]>loitation of the tisheries, or in the right to hind on the coasts at points not already occupied, in order to trade there with the natives, su])ject, however, to the restrictions and conditions })rovided in the following articles. Article II. With a view to prevent the rights of navigation and fishing exercised in the great ocean by the sul)jects of the high contracting parties from becoming the pretext for an illicit commerce, it is agreed that the subjects of His Bi'itannic Majesty shall not hmd at any point where there is a Russian esta]>iishment without the permission of the gov- ernor or commandant; and that, in return, Russian subjects shall not land without permission at any British establishment on the northwest coast. Article III. The line of demarcation between the possessions of the high con- tracting parties on the continent and the islands of Northwest America shall be drawn as follows: Beginning at the most southern point of the island called Prince of WaJex^ which point is under the parallel of b^-' -10' north latitude and between the one hundred and thirtv-tirst and one hundred and thirty- third degrees of west longitude (meridian of Greenwich), the said line shall ascend to the north along the passage called Portland Channel to the place where that passage ends in the interior of the mainland, at the iifty-sixth degree of north latitude. From this last point the line of demarcation shall follow the crest of the mountains in a direction parallel to the coast to the point of intersection of the one hundred and fortv-tirst degree of west longitude (same meridian). Article IV. It is understood: ■ 1. That the island called Prince of Wales shall belong entirely to Russia. 2. That the strip of coast mentioned above, which is to belong to this same power, and to ascend from the fifty-sixth degree of north latitude to the point of intersection of the one hundred and forty-first degree of west longitude, shall have as its boundary the crest of the mountains, as has lieen said above, but that, wherever the distance between the crest of the mountains and the sea shall be more than 10 marine leagues, the boundary of this same strip shall be formed by a line parallel to the sinuosities of the coast, and which shall nowhere be more than 10 marine leagues from the sea. 3. That, beginning at the point of intersection of'the one hundred and forty-first degree of west longitude, the line of that same degree shall form, in its pi'olongation toward the Arctic Ocean, the frontier between the respective possessions of the high contracting parties. 222 DIPLOMATIC CORRESPONDENCE Article V. It is uo-roed, moreover, that no esttiblishnient shall be formed by either ofl:he two parties within the limits assigned in this article to the other. British subjects shall not form any establishment either on the coast or on the strip of mainland included in the limits of the Russian possessions as they are described in this article: and, in like manner, no such (>stablishment shall be formed by Russian subjects l)eyond the said limits. Article VI. The sul)jectsof His Britannic Majesty who may come from the inte- rior of the continent to the Pacific Ocean, or who may go from the Pacific Ocean to the interior of the continent, shall enjoy forever the rioht to navigate, freely and without any obstacle, all the rivers and streams that, in their course toward the Pacific Ocean, may cross the limits of Russian ten-itory on the strip of the coast described in the preceding article. Article VII. During the period of ten years, to date from the signing of this convention, the vessels of the high i)owers or those belonging to their respective subjects, shall have equally the right to frequent, Avithout any let or hindrance whatever, all the interior seas, the gulfs, havens, and creeks in those parts of the coast mentioned in Article III, in order to carry on fishing and to trade with the natives. Article VIIL The Port of Sitka or Novo-Archangelsk shall be open to the com- merce and vessels of British subjects for the period of ten years, to date from the exchange of the ratifications of this convention. In the event that a prolongation of this term of ten 3^ears should be granted to any other power, the same prolongation shall be likewise granted to Great Britain. , Article IX. The at)ov(; freedom of commerce shall not apply to the trafhc in spirituous li(iuors, firearms, side arms, gunpowder, or other munitions of war. the high contracting parties l)inding themselves mutually not to allow to be sold, or to be furnished in any manner Avhatever, to the natives of the country the articles above mentioned. Article X. Hvery British or Russian vessel navigating the Pacific Ocean that may l)e compelled by storms or by any accident to take refuge in the ports of the respective parties s'^all beat libertv to rcht and to provide itself there with eve