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Behring Sea arbitration. Appendix to case of Her Majesty's Government. Vol. II Great Britain 1893

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  THE LIBRARY
THE UNIVERSITY OF
BRITISH COLUMBIA   BEHRING SEA ARBITRATION 
APPENDIX 
TO 
CASE OF HER MAJESTY'S GOVERNMENT. 
VOL. II. CONTENTS OP VOL. II.
Part 1.—Selections from Correspondence respecting the Ukase of
1821 betweenGreat Britain and Russia, 1821-25.
Part 2.—Selections from Correspondence between United States
and Russia, 1822-87. %
Part 3.—Prench Texts of the Treaties of 1824 and 1825, and
English Text of the Treaty of 1867. Part 1
SELECTIONS!FROM  CORRESPONDENCE  BETWEEN
GREAT BRITAIN AND RUSSIA, 1821-25.  SELECTIONS   EBOM   0OREESPONDEN0E
EESPECTING THE
EUSSIAN UKASE  OF  SEPTEMBER 1821.
m
1821-25,
I
«>i 1.
.
w
TABLE OP  CONTENTS.
No.
8
Name.
10
11
12
13
14
15
Baron Nicolay
King's Advocate      ,.
Count Lieven ..
Sir C. Bagot ..
Lord Stowell
Board of Trade
To Count Lieven
To Sir C. Bagot
Mr. S. Canning
Hudson's   Bay  Company
To Duke of Wellington
No.
56
Duke of Wellington ..
Hudson's   Bay   Company
To Duke of Wellington
Duke of Wellington •.
11
Date.
Subject.
Oct. 31 (Nov. 12),
1821
Nov. 20, 1821
29,
17,
Dec. 26,
Jan.     7, 1822
18,
19,
Feb. 19,
Mar. 27,
Sept. 14,
11,16,
25,
27,
38
Nov. 28,
feei]
Renewal of Charter of Russo-American Company. Revision of Regulations. Definition
of Behring's Strait as " une mer ferm£e,"
and exclusion of foreign vessels within 100
miles of the coast ..
Foreign trade with Russian North-west
America. Extent of territory is greater
than is ordinarily recognized by the law of
nations .. .. «0 ..
Foreign trade with North-west America.
Sending copy of Count Nesselrode's despatch
with Imperial Ukase     .. .. . „
Foreign trade on north-west coast of America.
Imperial Ukase. Comments upon. Limit
of maritime jurisdiction appears to have been
adopted from Article XII of Treaty of
Utrecht.    Sending  English translation and
Foreign trade on north-west coast of America.
Unsafe to proceed to any controversial discussion respecting Regulations till their
authority is more decided
Whale fishery in Behring's Straits. Inclosing
complaint from Messrs. S. Enderby and Son
and Mr. W. Mellish respecting Imperial
Ukase
Maritime jurisdiction on north-west coast of
America. Recording provisional protest
against Ukase till friendly explanation can
take place      ,. ,.
Maritime jurisdiction on north-west coast
America. Sending copy of No. 7 for
guidance
Maritime jurisdiction on north-west coast of
America. Ukase has been officially communicated to American Government, who are
not prepared to admit claim ..
Maritime jurisdiction on north-west coast of
America. Protest against Russian and
American claims, whose trade was subsequent to British discovery and occupation
Approaching Congress of Vienna. Sending
Memorandum of subject-matter for deliberation. British Plenipotentiary should bring
Russian Cabinet to some distinct explanation
respecting the late Ukase .. ..
Maritime jurisdiction on north-west coast
of America. Memorandum of conversation
with Count Lieven. Russian Minister in
United States has been authorized to treat
upon limits with United States. Communicated confidentially in order to facilitate
bringing forward of British claims
Russian claims on north-west coast of America.
Giving a brief outline of British trading1
stations, and Memorandum of progress of
discovery. Hope that protection will be
afforded them.. ,. •  ..
Maritime jurisdiction on north-west coast of
America. As to language to be held at Conference respecting recent Ukase. Russian
Government will very likely waive their pretensions so as not to interfere with rights and
possessions of British subjects in that
region
Maritime jurisdiction on north-west coast of
America. Sending copy of Confidential
Memorandum given to Count Nesselrode,
and of his answer. Question stands exactly
where it did  .. .»
Page
12
13
14
14
15
15
16
17
17
21
23
BSSBSBSESSB No.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
TABLE OF  CONSENTS.
Name.
Duke of Wellington .,
32
Mr. S. Canning
Count Lieven
To Sir C. Bagot
>»
Sir C. Bagot
Count   Nesselrode  to
Count Lieven
Duke of Wellington ..
Mr. S. Canning
Ship-owners' Society..
Mr. S. Canning
Memorandum for Mr.
Lyall
To Sir C. Bagot
Count   Nesselrode   to
Count Lieven
To Sir C. Bagot
Sir C. Bagot
>>       j>
No.
Date.
44
a
separate
8
44
47
12
Confidential
37
36
48
Confidential
Nov. 29, 1822
21,
Jan.   19 (31),
1823
Feb.    5, 1823
25,
10 (22),
Apr. 17,
May 21,
Apr. 23,
June 11,
May    3,
June 27,
July  12,
June 26,
Aug. 20,
Aug. 19 (31),
Oct. 17(29),
Subject.
Russian Ukase. Further conversation with
Russian Ministers. Both Memorandums
to be considered as non avenus, and
note will be addressed by Russian Ambassador in London in answer to No. 7 ..
Proposed occupation of territory adjacent to
Columbia River. Sending extract from
article in ." North American Review "
Maritime jurisdiction on north-west coast of
America. Proposal for a Conference at
St. Petersburgh with a view to settling
Maritime jurisdiction. Substance of preceding. To commence negotiations upon the
basis of No. 14
Maritime jurisdiction. Sends full power and
two opinions by Law Officers, furnished on
first receipt of Ukase   ..
Maritime jurisdiction. Acknowledges No. 19.
Conversation with Count Nesselrode. Asks
that Law Officers' opinions may be sent
Maritime jurisdiction on north-west coast of
America. History of the negotiation.
Reasons for non-acceptance of Sir C. Bagot's
proposals       ..
Maritime jurisdiction. Transmitting Memorandum of negotiations at Verona respecting
Russian Ukase 0.» .» «.
Maritime jurisdiction on north-west coast of
America, Russian naval force reported to
be already carrying Ukase into effect.
Inclosing extract from § National Intelligencer I .»
Whale fishery on north-west coast of America.
Alarm created by action of Russian Government. 'Asking for reliable information
respecting      .. ..
Maritime jurisdiction on north-west coast of
America. Pending Russo-American negotiations. Conversation with Mr. Adams
respecting proposed common understanding
between England and America
Whale-fishing. British vessels may pursue
their usual navigation without fear of molestation.    Matter is under negotiation
Maritime jurisdiction on north-west coast of
America. Sending copies of Nos. 23, 24.,
25, and 26. As to line of demarcation at
57° between British and Russian settlers, and
concerted action by England and the United
States
Maritime jurisdiction on north-west coast of
America. Additional instructions sent to
officers of Imperial Navy which suspend
provisionally the Ukase of 4th September,
1821 „, .. ..
Mai'itime jurisdiction on north-west coast of
America. Sending copy of No. 28, which
has also been communicated to the American
Minister .. .. ..
Maritime jurisdiction on north-west coast of
America. Anglo-American proposal for
joint settlement of. Conversations with
Count Nesselrode. Mr. Middleton has had
last year several interviews with the Russian
Government respecting the Ukase, and has
communicated copy of a letter from Count
Nesselrode respecting intentions of Imperial
Government with regard to its execution
(inclosed)       ,. .. .. . •
Maritime jurisdiction on north-west coast of
America. Conversations with American
Minister and M. Poletica. Pretensions put
forward by United States will render settlement far more difficult than was anticipated.
Incloses copy of Mr. Middleton's full power,
and of note from Count Nesselrode nominating M. Poletica       .. •«
31
31
32
32
33
35
35
36
it ■*
37
37
38
39
39
40
4%
wm lr
No.
33
34
35
36
37
38
39
40
41
42
43
44
45
TABLE OE CONTENTS.
Name.
Ship-owners' Society.
To Count Lieven .
Count Lieven .
To  Ship-owners'   Society
To Sir C. Bagot
Mr. Enderby to Board
of Trade
Sir C. Bagot
No.
Private and
Confidential
Private and
Confidential
Date.
Nov. 19, 1823
25,
26,
V6,
Jan.   15, 1824
23
To Sir C. Bagot      ..
To Count Lieven      ..
To Sir C. Bagot
>>
n
Memorandum      from
Count Lieven
46
ii
Mr. Addington . •
18
22
26
29
39
Feb.    7,
Mar. 17(29),
24,
May 29,
29,
July 12,
24,
Aug.   2,
Subject.
Russian Ukase. May Committee in Annual
Report state that it has been annulled ?
Russian Ukase. Sending No. 32 and draft
reply, for observations .. .. ..
Russian Ukase. Returning correspondence
with suggestions as to " provisional suspen-
sion .. .. ~ • # .i
Russian Ukase. Cannot state in distinct
terms that it has been annulled, as negotiations are still pending. Has only been provisionally suspended
Reasons why the United States' Government
should not be a party to the negotiations
between Great Britain and Russia. As to
their territorial claims. Refers to new
United States' doctrine against European
colonization of America. Instructions to
resume negotiations on questions at issue with
Russia. Acceptable limits of Russian claims
on north-west coast. Mode in any Treaty of
safeguarding United States' interests derived from Treaty with Spain in 1819
Limits of maritime jurisdiction. Mr. Pitt's
views in 1790 in connection with Spanish
America. Fishing and nav gating in
Behring's Straits should be free  .. . •
Regrets failure to induce Russians to adjust
their north-west frontier reasonably. Nature
of the negotiations. He offered the Russians rather more than he was instructed to
do. Difficulty raised as regards question of
maritime jurisdiction. Protection asked for
Russian ship navigating seas claimed as
Russian territory. Proposals and replies
annexed .. ,.
Approving his having suspended negotiations.
Thinks Hudson's Bay Company will recommend the adoption of Russian proposals.
Will consider, when Count Lieven's. instructions are ascertained, where ulterior negotiations are to be carried on . •
Will soon be able to authorize Sir C. Bagot to
accept the Russian proposals respecting the
north-west frontier, with certain (specified')
qualifications. Expects usual trade privileges. Assumes that Ukase of 1821 respecting exclusive jurisdiction over North
Pacific will be withdrawn . • ..
Transmitting copy of letter to Count Lieven.
May soon expect instructions for conclusion
of negotiations respecting the north-west
coast; also respecting Greece      .. •.
Transmitting draft Convention respecting northwest frontier. Not to allow boundary below
Mount St. Elias to extend beyond 10 leagues
from sea. Instructions respecting right to
visit each other's possessions. No time
limitation in certain cases ..
Transmitting Memorandum by Count Lieven
on the draft Convention. May accept mode
of tracing frontier as suggested in it on
certain conditions. Must insist on free
navigation of Behring's Sea .. .,
Draft Convention respecting north-west coast.
Considers the frontier should follow the
summit, and not the base, of the mountains.
Considers stipulation that British vessels be
allowed to navigate Behring's Straits into
Arctic Ocean inadmissible
Nature of Convention between Russia and the
United States respecting intercourse on the
North American Continent. The question
of mare clausum not touched upon, the
Ukase of 1821 being virtually abandoned ..
4
45
45
46
46
52
52
60
60
61
61
65
66
66 TABLE OE CONTENTS.
No
47
48
Name.
Sir C. Bagot
To Count Lieven     .,
49    To Mr. Ward
50
51
52
53
54
55
56
57
No.
41
Date.
Aug. 12, 1824
Sir C. Bagot
To Count Lieven
To Mr. S. Canning;- ,.
Mr. Addington
Mr. S. Canning:
To Mr. S. Canning ,,
Mr. S. Canning        ..
9
13
6
15
30
Sept. 12,
13,
Aug. 81,
Oct.  25,
Dec,    8,
Jan.   29, 1825
Feb. 1 (13),
Mar. 15,
Feb.   17,
(Mar. 1)
Apr, 3 (15),
Subject.
Russian Government will not accept the British
draft Convention because it will not concede
right to trade for ever at Archangelsk and
along certain portion of Russian coast, or
right of trading at all between latitude 60°
and Behring's Sea. Inclosing Russian
counter-project.    Its nature
Regretting Russian Government refuse to conclude Treaty respecting north-west frontier.
Hopes his Government will instruct him to
sign it here before meeting of Parliament.
Mode of disposing of the Ukase of 1821  .,
To urge Russian Government to instruct Count
Lieven to sign the Treatv here. Wants it
concluded before the meeting of Parliament..
Transmitting synopsis from | National Intelligencer | of Convention between Russia and
the United States relative to trade in the
North Pacific and coast of America
Transmitting above extract, showing what he
meant when he claimed for England whatever was granted to other nations. Contains
no limitations of 59°
Transmitting to him instructions to sign Convention with Russia respecting the Ukase of
1821, and for adjusting territorial claims on
north-west coast of America. Inclosing
papers on subject. History of the question. Real object of the Treaty. Best mode
of securing free navigation of Pacific and
Behring's Sea. Rights secured to United
States should be secured to us equally.
Conditions to be insisted on as regards inland boundary. Respecting Sitka or New
Archangel and other points. Project inclosed for his guidance generally. Settlement of territorial, claims may be delayed,
but we must in some way or other protect
ourselves against the Ukase of 1821
Message from President communicating Treaty
with Russia respecting navigation in
Northern   Pacific and traffic on north-west
First meeting with Russian Plenipotentiaries,
who are considering the English project
Despatch showing that the United States'
Government have ratified Treaty with
Russia.    This fact strengthens our hands  ..
Transmitting Convention which he has signed
with Russia. Difference between it and the
" projet." Is assured Russia does not
demand exclusive navigation of Behring's
Sea and of seas lying north of it..
Receipt of despatches. Hopes objects alluded
to in them have been secured by the Con-
, vention. As regards fishery limits, Count
Nesselrode proposes to abide by law of
nations. Refers to Protocol tacked on to
American Treaty
67
70
71
71
72
72
75
79
79
80
80
tt\
«>.
[661]  e-o^
**L
Selections from Correspondence respecting the Russian Ukase
of September 1821.
No. l.
Baron Nicolay to the Marquis of Londonderry.—(Received November 12.)
Londres, le 31 Octobre (12 Novembre), 1821.
LE Soussigne, Envoy e Extraordinaire et Ministre Plenipotentiaire de Sa Majeste*
l'Empereur de Toutes les Hussies, s'empresse de s'acquitter aupres de son Excellence
M. le Marquis de Londonderry des ordres qu'il vient de recevoir de sa Oour en portant
a la connaissance du Ministere Britannique la communication suivante.
Au moment de renouveler le privilege de la Oompagnie Busse-Americaine et de
soumettre a une revision les Hegleniens concernant ses operations commerciales, le
Gouvernement Imperial a du vouer une attention particuliere aux plaintes auxquelles
ont plus d'une fois donne lieu les entreprises de contrebandiers et d'aventuriers
etrangers sur les cotes nord-ouest de TAmerique appartenant a la B/ussie, II a £te*
reconnu que ces entreprises n'ont pas seulement pour objet un commerce frauduleux
de pelleteries et autres articles exclusivement reserves a la Compagnie Kusse-
Aniericaine, mais qu'elles paroissent souvent meme trahir une tendance hostile;
attendu que des gens sans aveu viennent fournir des armes et des munitions aux
naturels dans les possessions Busses d'Amerique, et qu'ils les excitent en quelque sorte
a la resistance et a la revolte contre les autorites qui s'y trouvent etablies. II etoit
done essentiel d'opposer des mesures severes a ces menees, et de garantir la Oompagnie
contre les prejudices sensibles qui en resultoient pour elle, et e'est dans cette vue que
le Beglement ci-joint vient d'etre publie.
Apres avoir ainsi expose les motifs qui ont dicte ce Beglement, le Soussigne* a
ordre d'y ajouter les explications suivantes.
Le nouveau Beglement n'interdit point aux batimens etrangers la navigation dans
les mers qui baignent les possessions Busses sur les c6tes nord-ouest de l'Amerique et
nord-est de l'Asie. Une defense pareille, qu'il n'eut pas ete difficile d'appuyer d'une
force navale suffisante, auroit ete a la verite le moyen le plus efficace de proteger les
interets de la Compagnie Busse-Americaine, et elle sembleroit en outre fondee sur des
droits incontestables. Car, d'un c6t6 eloigner une fois pour toutes, des plages
indiquees ci-dessus, les navires etrangers, e'etoit faire cesser a jamais les entreprises
coupables qu'il s'agit de prevenir. D'un autre cote, en consid^rant les possessions
Busses qui s'etendent, tant sur la cote nord-ouest de l'Amerique, depuis le Detroit de
Behring jusqu'au 51° de latitude septentrionale, que sur la cote opposee de l'Asie et les
lies adjacentes, depuis le meme detroit jusqu'au 45°, on ne sauroit disconvenir que
Tespace de mer dont ces possessions forment les limites ne reunisse toutes les
conditions que les publicistes les plus connus et les mieux accreditee ont attachees a
la definition d'une mer fermee, et que par consequent le Gouvernement Husse ne se
trouve parfaitement autorise a exercer sur cette mer des droits de souverainete, et
nommement celui d'interdire l'approche aux strangers. Cependant, quelque impor-
tantes que fussent les considerations que reclamoient une semblable mesure, quelque
legitime qu'elle eutt ete en elle-meme, le Gouvernement Imperial n'a pas voulu, dans
cette occasion, faire usage d'une faculte qui lui assurent les titres de possession les
plus sacres, et que confirment d'ailleurs des autorites irrefragables. II s'est borne au
contraire, comme on a lieu de sen convaincre par le B;eglement nouvellement public, a.
defendre a tout batiment etranger, non seulement d'aborder dans les Etablissemens de
la Compagnie Americaine, comme dans la presqu'lie du Kamtchatka et les c6tes de
la Mer d'Ochotsh, mais aussi de naviguer le long de ces possessions et en general, d'en
approcher a une distance de 100 milles d'ltalie.
[661] B
'V Des vaisseaux de la marine Imperiale viennent d'etre expedies pour veiller au
maintien de cette disposition. Elle nous paroit aussi legale qu'elle a ete urgente.
Car, s'il est d^montre que le Gouvernement Imperial eut e& a la rigueur la faculte de
fermer entierement aux etrangers cette partie de l'Ocean Pacifique, que bordent nos
possessions en Amerique et en Asie, a plus forte raison le droit en vertu duquel il
vient d'adopter une mesure beaucoup moins generalement restrictive doit ne pas etre
revoque* en doute. Ce droit est en effet universellement admis, et toutes les Puissances
Maritimes l'ont plus ou moins exerce dans leur systeme colonial, Enfin, l'usage que
le Gouvernement Imperial vient d'en faire en faveur de la Compagnie Busse-Americaine,
ne sauroit pr6judicer aux interets d'aucune nation attendu qu'il n'est guere a supposer,
qu'outre les exceptions specifiees dans notre Beglement, un vaisseau etranger quelconque
puisse avoir des motifs reels et legitimes pour relacher aux Etablissemens Busses. La
Cour Imperiale aime done a esperer que les Puissances auxquelles ce nouveau
Beglement est communique reconnoitront les considerations majeures qui lui ont servi
de base, et que, par une suite des relations de paix et de bonne harmonie qui subsistent
entre elles et la Bussie, elles n'hesiteront pas a imposer a, leurs sujets respectifs le
devoir de s'y conformer strictement, afin de prevenir les inconveniens auxquels une
contravention de leur part donneroit lieu necessairement.
Les offieiers commandant les batimens de guerre Busses qui sont destines a
veiller dans l'Oc6an Pacifique au maintien des dispositions susmentionnees, ont recu.
Tordre de commencer a les mettre en vigueur envers ceux des navires etrangers qui
seroient sortis d'un des ports de l'Europe apres le ler Mars, 1822, ou des Stats-TJnis
apres le ler Juillet. A dater de ces epoques aucun navire ne pourra plus 16galement
pretexter l'ignorance du nouveau Beglement.
Le Soussigne* saisit, &c.
(Signe)
Le Baron DE NICOLAY.
No. 2.
The King's Advocate to the Marquis of Londonderry.—(Received November 22.)
My Lord, Doctors1 Commons, November 20, 1821.
I AM honoured with your Lordship's commands signified in Mr. Plantas' letter
of the 15th instant, transmitting a note from the Bussian Envoy, inclosing a printed
copy of an Edict for regulating foreign trade with the Aleutian Islands, and other
possessions on the north-west coast of America, appertaining to Bussia.
And your Lordship is pleased to request that I would take the tenour of the
Begulations therein contained into consideration, and report thereon for your Lordship's
information.
In obedience to your Lordship's directions I have the honour to report that it
appears to be the object of this communication to obtain indirectly from His Majesty's
Government an acknowledgment of territorial rights which are assumed by Bussia
over a portion of sea that may become of great importance with reference to the trade
of that part of the world, and the discoveries which are now directed to that quarter.
The communication indirectly asserts an exclusive right in the sovereignty " d'une
mer fermee, sur Tespace de mer, dont les possessions | (from Behring's Straits to
51° north, on the west coast of America, and 45° north on the coast of Asia) | ferment
les limites," and it proceeds to announce as a qualified exercise of that right the
exclusion of all foreign ships, under pain of confiscation, from approaching within
100 miles of those coasts.
The extent of territory so assumed is much greater than is ordinarily recognized
by the principles of the law of nations. And I humbly submit whether it may not be
expedient to declare the intention of His Majesty's Government to adhere to those
principles, with such observations as may be deemed expedient to deprecate any
infringement on the rights of commerce and navigation that may affect Great Britain
or her subiects.
I have, &c.
(Signed) CHBIST. BOBINSON.
Ii
ESOHQKBtm No. 3.
Count Lieven to the Marquis of Londonderry.—(Received November 30.)
LE Comte de Lieven presente ses compliments a Milord Londonderry, et a
1'honneur de transmettre ci-joint a son Excellence la copie qu'elle lui a demandee de
la d^peche de M. le Comte de Nesselrode, en date du 7 Octobre, sub No. 29.
Harley Street, Londres, le 29 Novembre, 1821.
Inclosure 1 in No. 3.
Count Nesselrode to Count Lieven.
(Circulaire.)
M. le Comte, SainUPetersbourg, le 7 Octobre, 1821.
AU moment de renouveler le privilege de la Compagnie Busse-Americaine, et de
soumettre a une revision des Beglemens concernant ses operations commerciales, le
Gouvernement a du vouer une attention particuliere aux plaintes auxquelles ont plus
d'une fois donne lieu les entreprises de contrebandiers et aventuriers etrangers sur les
c6tes nord-ouest de l'Amerique appartenant a la Bussie.
II a ete reconnu que ces entreprises n'ont pas seulement pour objet un commerce
frauduleux de pelleteries et d'autres articles exclusivement reserves a la Compagnie
Busse-Americaine, mais qu'elles paroissent souvent meme trahir une tendance hostile ;
attendu que des gens sans aveu viennent fournir des armes et des munitions aux
naturels dans nos possessions d'Amerique, et qu'ils les excitent en quelque sorte a la
resistance et a, la reVolte contre les autorites qui s'y trouvent etablies.
II etait done essentiel d'opposer des mesures severes a ces menees, et de garantir
la Compagnie contre les prejudices sensibles qui en resultoient pour elle; et e'est dans
cette vue que le Beglement ci-joint vient d'etre publie. Les Missions Imp^riales sont
invitees a le porter a la connaissance des Gouvernements aupres desquels elles sont
accredited, et a leur exposer les motifs qui 1'ont dicte* en y ajoutant les explications
suivantes.
Le nouveau Beglement n'interdit  point aux batimens strangers  la navigation
dans les mers qui baignent les possessions Busses sur les c6tes nord-ouest de l'Amerique
et nord-est de l'Asie.    Une defense pareille qu'il n'eut pas ete difficile d'appuyer d'une
force navale sufiisante, auroit ete, a la verite, le moyen le plus efiicace de proteger-
les interets de la Compagnie Busse-Americaine, et elle sembleroit en outre fondee sur
des droits incontestables.    Car, d'un c6te eloigner une fois pour toutes, des plages
indiquees ci-dessus, les navires etrangers, e'etoit faire cesser a jamais les entreprises
coupables qu'il s'agit de prevenir.     D'un autre c6te, en considerant les possessions
Busses qui s'etendent, tant sur la cote nord-ouest de l'Amerique, depuis le Detroit de
Behring jusqu'au 51° de latitude septentrionale, que sur la c6te opposee de l'Asie et les
lies adjacentes, depuis le meme detroit jusqu'au 45°, on ne sauroit disconvenir que
1'espace de mer dont ces possessions f orment les limites ne reunisse toutes les conditions
que les publicistes les plus connus et les mieux accredited ont attaches a la definition
d'une  mer fermee,   et   que  par   consequent le  Gouvernement  Busse  ne  se trouve
parfaitement autorise a, exercer sur cette mer des droits de souverainete, et nomm^ment
celui d'en interdire 1'approche aux etrangers.    Cependant quelque importantes que
fussent les considerations que reclamoient une semblable mesure, quelque legitime
qu'elle eut ete en elle-meme, le Gouvernement Imperial n'a pas voulu, dans cette occasion, faire usage d'une faculte que lui assurent les titres de possession les plus sacres, et
que confirment d'ailleurs des autorites irrefragables.    II s'est borne, au contraire,
comme on a lieu de s'en convaincre par le Beglement nouvellement publie, a def endre
a tout batiment etranger, non seulement d'aborder dans l'Etablissement de la Compagnie
Americaine, comme dans la presqu'iie du Kamtchatka, et les cotes de la Mer d'Ochotsh,
mais aussi de naviguer le long de ces possessions, et, en general, d'en approcher a une
distance de 100 milles d'ltalie.
Des vaisseaux de la marine Imperiale viennent d'etre expedies pour veiller au
maintien de cette disposition. Elle nous paroit aussi legale qu'elle a ete urgente.
Car s'il est dernontre* que le Gouvernement Imperial eut eu a la rigueur la faculte de
fermer entierement aux etrangers cette partie de TOc6an Pacifique, que bordent nos
possessions en Amerique et en Asie, a plus forte raison le droit en vertu duquel il vient
d'adopter une mesure beaucoup moins generalement restrictive, doit ne pas  etre
<7\
>jy I I
Tevoque en doute. Ce droit est, en effet, universellement admis, et toutes les Puissances
Maritimes Tont plus ou moins exerce* dans leur systeme colonial. Enfin, l'usage que
le Gouvernement Imperial vient d'en faire en faveur de la Compagnie Busse-Americaine,
ne sauroit prejudicier aux interets d'aucune nation, attendu qu'il n'est guere a supposer,
qu'outre les exceptions sp£cifi£es dans notre Beglement, un vaisseau etranger quel-
conque puisse avoir des motifs reels et legitimes pour relacher aux Ultablissemens
Busses. Nous aimons done a esperer que les Puissances auxquelles ce nouveau
Beglement va etre communique reconnoitront les considerations majeures qui lui ont
servi de base, et que, par une suite des relations de paix et de bonne harmonie
qui subsistent entre elles et la Bussie, elles n'hesiteront pas a imposer a. leurs sujets
respectifs le devoir de s'y conformer strictement, afin de preVenir les inconvenient
auxquels une contravention de leur part donneroit lieu n£cessairement.
Sa Majeste l'Empereur desire que les Missions obtiennent ce resultaten s'acquittant
de la communication que leur prescrit la presente Circulaire.
Becevez, &c.
(Signe) NESSELBODE.
P.S.—En dressant les instructions pour les officiers commandant les batirnens
de guerre Busses qui sont destines a veiller, dans l'Ocean Pacifique, au maintien des
dispositions nouvellement arretees a regard des Eltablissemens de la Compagnie Busse-
Americaine, le Gouvernement Imperial est parti de la supposition qu'un navire
stranger qui auroit fait voile d'un des ports de l'Europe, apres le ler Mars, 1822,
ou d'un des ports des Etats-Unis, apres le ler Juillet de la meme annee, ne pourroit
plus legalement pretexter 1'ignorahce du nouveau Beglement. Nos marins ont
done recu l'ordre de regler en consequence leur conduite quant a l'epoque a dater
de laquelle ils auroient a, mettre en vigueur les dispositions susmentionnees.
Nous croyons devoir communiquer ces notions additionnelles aux Missions
Imperiales, en les invitant a, les porter egalement a la connoissance des Gouvernemens
aupres des quels elles sont accreditees, afin de completer ainsi les informations
renfermees dans la Circulaire de ce jour.
N.
Inclosure 2 in No. 3.
Ukase, dated September 4, 1821.
(Traduction.)
NOUS etant convaincus par les Bapports qui nous ont ete presentes que le
commerce de nos sujets avec les lies Alloutes et la partie de la c6te nord-ouest
de l'Amerique soumise a la Bussie, eprouve des entraves et qu'il est expose a des pertes
sensibles par suite du commerce frauduleux qu'exercent des etrangers.
Considerant, d'autre part, que la cause principale de ces pertes est le defaut
de regies positives, tendantes a fixer les limites de la navigation le long de ces c6tes et
l'ordre auquel doivent etre soumises les relations maritimes tant dans ces parages que
sur toute la c6te orientale de la Siberie et aux lies Kouriles, nous avons juge
convenable d'arreter a cet egard les principes developpes dans le Beglement special
annexe au present Ukase.
En le transmettant au Senat dirigeant, nous lui ordonnons de le publier et
de prendre toutes les mesures necessaires a, son execution.
I/original est signe de la propre main de Sa Majeste l'Empereur.
(Signe) ALEXANDBE.
Le 4 Septembre, 1821.
No. 4.
Sir C. Bagot to the Marquis of Londonderry.—(Received November 21.)
(No. 56.)
My Lord, St. Petersburgh, November 17, 1821.
IN my despatch No. 50 of the 3rd October^ I transmitted to your Lordship the
heads of an Ukase which had been published here, respecting the commerce and
navigation of the north-west coasts of America, the Aleutian and Kurile Isles, and the
^eastern coasts of Siberia.
-mmmmmmmmmmi Shortly after the date of that despatch I had an opportunity of speaking of this
Ukase to Count Nesselrode, and he gave me to understand (as I then thought) that it
would be communicated to me officially, accompanied by an explanation of its object,
and the grounds upon which it had been issued.
After waiting several weeks for this communication, I found that it had been
already made through the Imperial Ministers abroad to such of the European Powers
as might have been supposed to be interested in the matter, and that it had been
dispatched by a special messenger to the United States.
This circumstance will, I hope, explain to your Lordship satisfactorily the reasons
for which I have so long delayed to write more fully to His Majesty's Government
upon a subject which seems to me of some national importance.
I have not seen, nor do I know the nature of, the communication which may
have been made to your Lordship by the Bussian Ambassador in London, but in my
conversation with Count Nesselrode upon the subject, he told me 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 Bussian 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 Bussian dominions in that
quarter, that representations had been repeatedly made to the American Government
upon the subject, who had professed to be unable to control their citizens in those
distant seas, but had intimated that they shouldnot take in ill-part, whatever measures
the Bussian Government might deem it expedient to adopt for the protection of their
own rights.
When I found that the Ukase had been already communicated to your Lordship
I abstained from entering with Count Nesselrode into any further discussion of it, or
inquiring of him upon what grounds the 51st degree of north latitude (which, after
the last Treaty between Spain and the United States, reduces the possessions of Great
Britain to 2° of latitude) had been now declared, I believe for the first time, to
be the boundary of the Bussian dominion upon those coasts, but I have adverted
to the novel principle involved in that Begulation of the Decree which dooms to
confiscation all foreign vessels which may approach within 100 Italian miles of the
Bussian coasts, and I find that this extraordinary pretension has been adopted from,
and is supposed to be justified by, the Xllth Article of the Treaty of Utrecht.
I have the honour to transmit to your Lordship, under a separate cover, an
English translation of the Ukase, and I at the same time inclose a Map of the
north-west coasts of America, and the Aleutian and Kurile Islands, which has been
published in the Quarter-Master-General's Department here, and upon which I have
marked all the principal Bussian Settlements.
I have, &c.
(Signed) CHABLES BAGOT.
Inclosure in No. 4.
[On the original is written in the handwriting of His Imperial Majesty
accordingly.—Alexander."
Kammenoi Ostroff, September 4, 1821.
a
Beit
Rules established for the Limits 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 fishery, and of all other industry on
all islands, posts, and gulfs, including the whole of the north-west coast of America,
beginning from Behring's Straits to the 51° of northern latitude, also from the Aleutian
Islands to the eastern coast of Siberia, as well as along the Kurile Islands from^
Behring's Straits to the south cape of the Island of Urup, viz., to the 45° 50' north
latitude, is exclusively granted to Bussian subjects.
§ 2. It is therefore prohibited to all foreign vessels, not only to land on the coasts,
and islands belonging to Bussia as stated above, but, also, to approach them within
[661] 0 !l
II
6
less than 100 Italian miles.   Tne transgressor's vessel is subject to confiscation along-
with the whole car^o.
§ 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 Bussia; in these cases they are obliged to produce convincing proofs of
actual reason for such an exception. Ships of friendly Governments, merely on
discoveries, are likewise exempt from the foregoing B-ule 28. In this case, however,
they must be previously provided with passports from the Bussian Minister of the
Navy.
§ 4. Eoreign merchant-ships which, for reasons stated in the foregoing rule,
touch at any of the above-mentioned coasts, are obliged to endeavour to choose a
place where Bussians are settled, and to act as hereafter stated.
§ 5. On the arrival of a foreign merchant-ship, wind and weather permitting, a
pilot will meet her to appoint an anchoring place appropriated for the purpose. The
captain, who, notwithstanding this, anchors elsewhere without being able to assign a
reason to the Commander of the place, shall pay a fine of 100 dollars.
§ 6. All rowing-boats of foreign merchant-vessels are obliged to land at one place
appointed for them, where, in the day-time, a white flag is hung out, and at night a
lantern, and where a clerk is to attend continually to prevent importing and exporting
any articles or goods. Whoever lands at any other place, even without an intent of
smuggling, shall pay a fine of 50 dollars, and if a person be discovered bringing any
articles ashore, a fine of 500 dollars is to be exacted and the goods to be confiscated,
§ 7. The commanders of said vessels being in want of provisions, stores, &c, for
the continuation of their voyage, are bound to apply to the Commander of the place,
who will appoint where these may be obtained, after which they may, without
difficulty, send their boats there to procure all they want. Whoever deviates from
this Bule shall pay a fine of 100 dollars.
§ 8. If it be unavoidable, for the purpose of repairing or careening a foreign
merchant-ship, that she discharge the whole cargo, the master is obliged Lo ask
the permission of the Commander of the place. In this case the captain shall
deliver to the Commander an exact list of the natured quality of the goods discharged.
Every one who omits to report any part of the cargo will be suspected of smuggling,
and shall pay a fine of 1,000 dollars.
§ 9, All expenses incurred by these vessels during their stay in the Bussian
territories must be paid in cash or bills of exchange. In case, however, the captains
of these ships have no money on board and nobody gives security for their bonds, the
Commander can, at their request, allow the sale of such articles, stores or goods,
required merely for defraying the above-stated expenses. These sales, however, can be
made only to the Company, and through the medium of the Commander, but must
not exceed the expenses of the ships, under penalty of the cargo being seized and a
fine paid of 1,000 dollars.
§ 10. As soon as said foreign merchant-vessels are ready for their cargoes, stores,
provisions, &c, they must immediately proceed to take them in, and after an
examination, if they have loaded all the above-stated articles, and a written certificate
of their not having left anything behind, they are to set sail. Such vessels as have
not been unloaded are likewise subjected to sail without the least delay as soon as they
are able to proceed to sea.
§ 11. It is prohibited to all commanders of the said foreign vessels, commissioners
and others, whosoever they may be, to receive any articles, stores, or goods in those
places where they will have landed, except in the case as per § 1, under penalty of
seizure of their ship and cargo.
§ 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 Company, or of
the foreigners living in the Company's Settlements. Ships proved 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 Bule 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 north-west coast of America, in the
whole extent here above mentioned. A ship convicted of this trade shall be
confiscated
wm §15. All articles, stores, and goods found on shore in ports and harbours
belonging to Bussian subjects (carrying on prohibited traffic) or to foreign vessels are
to be seized.
§ 16. The foreign merchant-ships lying in harbour or in the roads dare, under no
pretence, send out their boats to vessels at sea, or to those already come in, until they
have been spoken to and visited, according to the existing customs. Whenever a
foreign vessel hoists a yellow flag to announce an infectious disease, being on board, or
the symptoms of the same, or any other clanger of which she wishes to be freed, every
communication is interdicted until said flag is taken down. Erom this Bule, however,
are excepted persons appointed for the purpose and whose boats be under the colours
of the Bussian-American Company. Any vessel acting contrary to this Begulation
shall pay a fine of 500 dollars.
§ 17. No ballast may be thrown overboard but in such places as are appointed by
the Commanders.    The transgressor is liable to a fine of 500 dollars.
§ 18. To all foreign merchant-ships during their stay in anchoring-places, harbours*
or roads, it is prohibited to have their guns loaded either with balls or cartridges under
the risk of paying a fine of 50 dollars for each gun.
§ 19. No foreign merchant-ship in port, or in the roads, or riding at anchor, may
fire guns or muskets without previously informing the Commander of the place or
Settlement, unless it be for pilots, signalizing the same by the firing of one, two, or
three guns, and hoisting her colours as is customary in similar wants. In acting
contrary thereto she is subjected to a fine of 100 dollars for each shot.
§ 20. On the arrival of a foreign ship in the harbour, or in the roads, a boat will
immediately be sent to meet her, and to deliver to the captain a printed copy of these
Begulations, for which he must give receipt in a book destined for the purpose; ^He
is further, obliged to state in the book, as per annexed form, all information required
of foreign vessels. All ships refusing to comply with these Begulations dare not
approach the harbour, roads, or any anchoring-place.
Destination
of
the Vessel.
Place
where the
Vessel
comes from.
C
argo.
3
O
o
r-i
o>
Q
Name of the
Captain.
Name of the
Owner.
What
Nation.
Name and
Burthen of the
Vessel.
§ 21. The captain of a foreign merchant-ship coming to an anchor in the port or
in the roads is obliged, on his arrival, to give a statement of the health of the ship's
crew, and should, after this, a contagious illness be discovered on board of his vessel, he
must immediately inform the Commander of the place thereof. The vessel, according
to circumstances, will be either sent off or putjunder quarantine in a place appropriated
for the purpose, where the crew may be cured without putting the inhabitants in
danger of infection. Should the captain of such a ship conceal the circumstance, the
same will be confiscated with her whole cargo.
§ 22. The master of a vessel, at the request of the Commander of a place,
is obliged to produce a list of the whole crew and all the passengers, and should he
omit any, he shall pay a fine of 100 dollars for every one left out.
§ 23. The captains are bound to keep their crew in strict order and proper
behaviour on the coasts, and in the ports, and likewise prevent their trading or
bartering with the Company's people. They are answerable for the conduct of their
sailors and other inferiors. Illicit trade carried on by sailors, subject the vessel to the
same penalty as if'done by the captain himself, because it were easy for the captains to
carry on smuggling without punishment, and justify themselves by throwing the fault
on the sailors. Therefore, every article found upon sailors which they 'could not hide
in their pockets or under their clothes to screen from their superiors, sold or bought on.
™*K_ 8
11
il [    !
shore, will be considered as contraband from the ship, and is subject to the prescribed
fine.
§ 24. "Foreign men-of-war shall likewise comply with the above-stated Begulations
for the merchant-ships, to maintain the rights and benefit of the Company. In case of
opposition, complaints will be made to their Governments.
§ 25. In case a ship of the Bussian Imperial navy, or the one belonging to the
Bussian American Company, meet a foreign vessel on the above-stated coasts, in
harbours or roads, within the before-mentioned limits, and the Commander find
grounds, by the present Begulation, that the ship be liable to seizure, he is to act as
follows:—
§ 26. The Commander of a Bussian vessel suspecting a foreign vessel to be liable to
confiscation must inquire and search the same, and finding her guilty, take possession
of her. Should the foreign vessel resist, he is to employ first persuasion, then threats,
and at last force; endeavouring, however, at all events, to do this with as much
reserve as possible. If the foreign vessel employ force against force, then he shall
consider the same as an evident enemy, and force her to surrender according to the
naval laws.
§ 27. After getting everything in order and safety on board the foreign vessel, the
Commander of the Bu&ian ship, or the officer sent by him, shall demand the journal
of the captured vessel, and on the spot shall note down in the same that on such a day,
month, and year, at such an hour, and in such a place, he met such and such a foreign
vessel, and shall give a brief account of the circumstance, pursuit, and, finally, of the
seizure. After signing the same he shall desire the captain of the captured vessel to
confirm the same in his own handwriting. Should he, however, refuse to sign the
same, the Bussian officer is to repeat his summons in presence of all the officers, and if
on this it be again refused, and nobody will sign in lieu of the captain, he is then to
add this circumstance, signed by himself. After this arrangement, the journal, list of
the crew, passports, invoices, accounts, and all further papers respecting the views and
pursuits of the voyage of the vessel, shall be put up in one parcel, as well as all private
papers, viz., the journals of the officers, letters, &c, and sealed with the seals of the
Bussian officer, and those of the captain and first officer cf the foreign vessel. This
packet shall remain sealed with the Commander of the Bussian vessel until their
arrival at the port of St. Peter and Paul, where it shall be deposited in the Court as
mentioned in § 33. Besides this, everything else must be sealed by the Bussian officer
and the foreign captain that is not requisite for the continuation of the voyage to the
port of St. Peter and Paul, excepting the effects for immediate and sole use of the
ship's crew, which shall not be withheld from them.
§ 28. Having thus fixed all means of precaution, the officer sent to arrest the
foreign vessel shall make instantly his report to his Chief, and await his orders.
§ 29. Thus, should, by any cause stated in the 2nd, 11th, 12th, and 21st sections of
these Begulations, a foreign vessel be subjected to confiscation in any port near the
Settlement of the Bussian-American Company, the Commander of that Settlement is
obliged either to ask the assistance of the Bussian man-of-war, if there be any, and the
Commander of which, on receipt of a written request, is obliged to arrest the vessel,
and use all the precautions prescribed in the foregoing Article, or, if there be noe
Bussian man-of-war in the harbour or its neighbourhood, and the Commander of the
Settlement find that he and his people can arrest the vessel by themselves, he then is to
act according to the 26th, 27th, and 28th section, and putting ashore the captain, and
every means of getting the vessel away, he must endeavour as soon as possible to give
information of this event either to the Governor of the Colonies of the Bussian-
American Company or the Commander of the Imperialman-of-war, if it be known where
shelie.
§ 30. When, in consequence of such a report, the Governor of the Colonies shall
send the Company's vessel, or a Government vessel arriving, then the Commander of
the place shall deliver up the vessel seized, and all belonging to her, and shall report
respecting his reasons for confiscating the vessel.
§ 31. The commander of the vessel, taking charge of the seizure per inventory,
shall examine immediately into all circumstances mentioned, and compare it with
the accounts of the Commander of the Settlement, who will give every elucidation
required.
§• 32. All vessels detained by Bussian men-of-war are ordered by these Begulations to be brought to the port of St. Peter and Paul, where the sentence is to be
passed on them by a Court established for adjudging such cases.
§ 33. This Court, under the presidency of the Commander of Kamtc"hatka, shall
BBS
-==
tmmm
mm
mm 9
consist of the three Senior Officers under him, and of the Commissioner of the
Bussian-American Company.
§ 34. As soon as a Bussian vessel, bringing into the port of St. Peter and Paul a foreign
vessel arrested by her, has come to an anchor in the place assigned her, the commander
of her is immediately to repair to the Commander of Kamtchatka, stating briefly what
vessel he had brought in, the number of the crew, and the sick, specifying their
diseases, and reporting likewise whether the vessel has sufficient victuals, and what
goods, guns, and other arms, powder, &c, are on board.
§ 35. The Commander of Kamtchatka, on receiving this report, will order two
officers and a sufficient number of men on board the captured Vessel.
§ 36. These two officers, together with the officers who brought in the detained
ship, when on board, are to summon the master and two of his mates or men in
command next to him, inspect all the seals put on the vessel, and then, taking them
off, begin immediately to make an accurate list of all the effects belonging to the
vessel,
§ 37. This list is to be signed by all the officers on both sides, who were present
in drawing it up. The Commander of Kamtchatka is to use all possible endeavours
to secure from embezzlement or damage all effects belonging to the detained vessel.
§ 38. The crew of the vessel is then to be sent ashore to such places as shall be
appointed by the Commander of Kamtchatka, and remain there until the close of the
investigation.
§ 39. The Commander of the Bussian vessel is obliged to, in the course of two
days after his arrival at the port of St. Peter and Paul to make a minute representation to the Commander of Kamtchatka of all that shall have happened at the detention
of the foreign vessel brought in by him, and to deliver said vessel, together with the
•sealed paquet containing her papers, expressed in § 27.
§ 40. If the Bussian vessel that brought into the port of St. Peter and Paul a
foreign vessel, cannot for reasons remain there until the close of the investigation, but be
obliged to proceed to sea in a very short time, the Commander, in order not to detain
her, shall use all possible dispatch by bringing forward the investigation of such
points as may require the presence of the Bussian vessel.
§ 41. Having settled everything on board the arrested vessel and landed the crew,
the Court immediately shall open the session, and endeavour to ascertain as soon as
possible the solution of the inquiry, whether the vessel be lawfully arrested or not.
§ 42. In order to ascertain this, the following proofs shall be substantiated:—
1. That the vessel was met with within the boundaries prescribed in § 2 of these
Begulations, and that her having been within such limits was not occasioned by
reasons stated in § 3.
2. That the vessel is a lawful prize by virtue of the §§2, 11, 12, 14, and 21 of
these Begulations, and the § of the Instructions to the Commander of the Bussian
man-of-war.
§ 43. In order to decide either case, the Court is to inspect all documents presented, and tracing on one part all proofs of guilt, and on the other, all doubts which
might clear the foreign vessel, summon the Commanding officer of the Bussian vessel
to give all additional information deemed needful, and completing thus all circumstances condemning the foreign vessel, the Court shall draw up a clear statement of
the reason of her condemnation.
§ 44. Should the Court, in making out said statement, find that the foreign vessel
has been arrested without sufficient cause, said Court on passing sentence is to
determine the damage suffered by such detention, and to furnish both parties with a
certified copy of this resolution.
§ 45. In the course of two days, both parties shall declare whether they are
satisfied with the decision of the Court or not. and in the latter case (should it happen)
assign it in writing.
§ 46. Should both parties be satisfied with the decision of the Court, then the
Commander of Kamtchatka is to release immediately the detained vessel, returning
everything to the master according to the inventory, along with the adjudged damages,
exacting them from whomsoever is to pay the same.
§ 47. If, on the contrary, the Court receive on the third day a repeal to its
decision, it is bound to take that repeal into immediate consideration, and finding it
just, to change its decision, if not, to confirm the same, and make it known to the
parties a second time. After this no representations shall be admitted, and both
parties shall be summoned before the Court which shall allow them to make their
[661] D r*f[Bl
10
protest in writing, and will then state all the reasons why the sentence passed should
be carried into execution.
§ 48. If the Court find by the indictment that the vessel has been lawfully
detained, then the master of the foreign vessel, or the two eldest in command under
him, shall be summoned, and the reasons of their detention made known to them,
giving them a certified copy of the condemnation.
§ 49. The Court is to receive within three days, and no later, the representations
of the master, and if he do not present the same within the time limited, the Court
summoning him, with two of his crew, notifies that his silence is received as a mark of
compliance, and that the condemnation is just.
§ 50. In this case the Court comes to its final decision, which, on the following
day, is communicated to the whole crew of the foreign vessel, who shall sign, all and
every one, that such sentence has been made known to them, after which the
Commander of Kamtchatka is to carry the sentence of the Court into execution, as
will be explained hereafter.
§ 51. Should, however, the master deliver within the time limited his protest,
then the Court, examining it with all possible impartiality, shall call for all further
explanations, and, having inserted the whole into the journal of the Court, shall pass
a final sentence, and pronounce it, as stated in § 47.
§ 52. If, by sentence of the Court, the arrested vessel be released, and adjudged
to receive damages for her detention, and if the vessel has been arrested by any of the
Company's officers, and the damages are not above 5,000 roubles, the Commander of
Kamtchatka shall demand immediate payment of said sum. from the office of the
Bussian-American Company, but if the damages exceed that sum, he is to notify it to
the Company's office, and give to the foreign master a certificate; but the money
cannot be paid by the Company otherwise than after the inspection and Besolution of
its Court of Directors. If, on the other hand, the foreign vessel has been detained
unlawfully by a Bussian man-of-war, the Commander of Kamtchatka is to pay the
adjudged damages (not exceeding the sum of 5,000 roubles) out of any Government
sum, and to report, in order to incash it from the guilty, but if the damages should
exceed the sum of 5,000 roubles the Commander of Kamtchatka is to furnish a certificate for the receipt of the money after the regulation and confirmation of the
Bussian Government.
§ 53. The reimbursement of such damages as may have been incurred by
unlawful detention shall be exacted from the Commander and all the officers of the
man-of-war, who, having been called by the Commander to a council, shall have given
their opinion that such a ship ought to be detained.
§ 54. As soon as a foreign ship is sentenced to be confiscated, the Commander of
Kamtchatka is to make due arrangements for transporting the crew to Ochotsk, and
from thence to any of the ports in the Baltic, in order to enable every one of them to
reach his own country. With the confiscated ship and cargo, he is to act as with a
prize, taken in time of war.
§ 55. After this the Commander of Kamtchatka shall order a Committee to
value the vessel and her cargo. This Committee is to be composed of one member
appointed by the Commander of Kamtchatka, one by the Commander of the man-of-
war, and a third by the Bussian-American Company.
§ 56. These Commissioners are to makeup a specified list and valuation according
to the following Bules:—
1. All provisions, rigging, iron, powder, and arms shall be put down at such
prices as they cost Government there.
2. All merchandize which might be used in Kamtchatka and the Company's
Colonies, and which are carried there at times from Bussia, shall be valued at their
prices then existing.
3. All goods which are not imported into these places from Bussia, but are
wanted there, shall be valued like goods brought from Bussia, being the nearest to
them, and in proportion to their wants.
4. All goods not in use at Kamtchatka or the Colonies shall be sent to Irkutsk
and sold at public auction by the proper authorities.
§ 57. The said 'Commissioners shall present their valuation to the Commander of
Kamtchatka for his approbation, who, in case of not finding the same exact, shall
return it, with his remarks, and shall appoint other officers to inspect such articles as
may appear unfairly valued.
§ 58. If   the   Commissioners   hereafter   continue   in   their   opinion, and   the
.■i    ".awwwifW
MP) 11
Commander of Kamtchatka find it impossible to agree thereto, he shall provisionally
consent and leave the final decision to Government.
§ 59. According to this valuation the Commander of Kamtchatka shall mark, for
the use of Government, all those articles which he thinks are wanted; the remainder
is left at the disposal of the officers of the ship or of the Bussian-American Company.
The seized vessel shall be valued by the Court, and the valuation sent immediately to
the Minister of the Navy, with a report whether such a vessel is wanted for Government service or not.
§ 60. The whole sum of valuation of the confiscated vessel and cargo is to be
divided in the following manner. The expenses necessary to forward the ship's crew
to one of the ports in the Baltic are to be deducted, and the remaining sum divided, if
the vessel has been taken by the Bussian-American Company's officers, and carried to
the port of St. Peter and Paul by a ship of said Company, without the interference
of a man-of-war, into five parts, of which one goes to the Government, and the
remaining four-fifths to the American Company. If the vessel be taken in any of the
Company's Settlements by the Company's officers, but brought to the port of St. Peter
and Paul by a man-of-war, after deducting one-fifth for Government, two-fifths are
to belong to the crew of the man-of-war, and the remaining two-fifths to the Bussian-
American Company, and finally, if such foreign vessel be detained by men-of-war only
without the assistance of the Company's officers, then, after deducting one-fifth
for Government, the remainder is left to the officers of the men-of-war.
But if a vessel be taken by the conjoint forces of a man-of-war and a Company's
vessel, then the prize shall be divided between them in proportion to their strength,
regulating the same according to the number of guns.
§ 61. The sum coming to the officers of the man-of-war shall be divided according
to the Bules for dividing prizes in time of war. In all cases, officers who had a share
in seizing foreign vessels convicted of the intention of infringing the privileges most
graciously granted to the Bussian-American Company, may expect to receive tokens of
His Imperial M ajesty's approbation, especially when, after deducting the expenses for
conveying the crew, their part in the prize money should prove but trifling. '
§ 62. If a foreign vessel detained by a Bussian being under the command of a
Bussian officer should be cast away before reaching the port of St. Peter and Paul, the
following principle shall be observed:
If the foreign vessel alone be lost, and the Bussian accompanying her arrive at the
port of St. Peter and Paul, then the Court acts according to the foregoing Bules to
determine whether that vessel was lawfully seized. In this case Government takes
upon itself the expenses of conveying to a port of the Baltic such of the ship's crew as
were saved. But if such a vessel should not be proved to have been detained lawfully,
then independant of those expenses, the ship shall be valued, and such valuation
forwarded to Government for the payment of what may be deemed just; at the same
time investigation shall be made on the loss of the vessel, and the officer that had the
command (if saved) is to be tried according to the maritime Bules and Begulations.
§ 63. The Commander of Kamtchatka is bound to make a special Beport to
the Governor-General of Siberia respecting every circumstance happening to foreign
vessels, annexing copies of all documents, journals^ and sentences of the Court, and of
all papers relating thereunto.
The original is signed:
Count D. GUBIEEE,
Minister of Finances*
Edict of His Imperial Majesty, Autocrat of AU the Russias.
The Directing Senate maketh known to 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 Imperial Majesty's own hand it is thus
expressed:—
I Observing from Beports submitted to us that the trade of our subjects on the
Aleutian Islands and on the north-west coast of America appertaining unto Bussia, is
subjected, because of secret and illicit traffic, 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 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
m
KM w*m
12
Islands, we have deemed it necessary to determine these communications by specific
Begulations, which are hereto attached.
" In forwarding these Begulations 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."
(Countersigned) Count D. Gtjrieit, fj|
Minister 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.
(L.S.)
The original signed by the Directing Senate.
Printed at St. Petersburgh, in the Senate,
September 7, 1821.
[Several Maps follow.]
No. 5.
iifii
Lord Stowell to Lord Melville.
My dear Lord, Grafton Street, London, December 26, 1821.
I HA YE perused these papers, and it appears to me to be unsafe to proceed to
any controversial discussion of the proposed Begulations, till it is shown that they
issue from a competent authority founded upon an acknowledged title of territorial
and exclusive possession of the portions of the globe to which they relate. I am
myself too slightly acquainted with the facts regarding such possession (how originally
acquired and how subsequently enjoyed) to be enabled to say that upon undisputed
principles such a possession exists. It is perfectly clear from these Begulations that it
lias not hitherto been exclusive in the extent in which it is now claimed; for they are
framed for the very purpose of putting an end to foreign intercourses of traffic
therein, which they denominate illicit but which they admit existed de facto.
The territories claimed are of different species—islands—portions of the continent—
and large portions of the sea adjoining.
I know too little of the history of their connection with either islands or continents
to say with confidence that such a possession has in this case been acquired. I content
myself with remarking that such possession does not appear in the opinion and practice
of States to be founded exactly upon the same principles in the cases of islands and
continents. In that of islands, discovery alone has usually been held sufficient to
constitute a title. Not so in the case of continents. In the case of the South American
Continent the Spaniards and Portuguese resorted to grants from an authority which in
that age was universally respected, and continued in respect till subsequent possession
had confirmedHheir title. But I think that it has not been generally held, and cannot
he maintained that the mere discovery of a coast gives a right to the exclusive
possession of a whole extensive continent to which it belongs, and less to the seas that
adjoin to a very considerable extent of distance. An undisputed exercise of sovereignty
over a large tract of such a continent and for a long tract of time would be requisite
for such purposes. I am too ignorant of particular facts to say how far such principles
are justly applicable to such cases. I observe that by these Begulations the commerce
in these islands, continents, and adjoining seas is declared to have been granted
exclusively to Bussian subjects; who the granter is, is not expressly declared. If, as
is probable, the Autocrat of Bussia is meant, the inquiry then reverts to the question
respecting the foundation of such an authority, and thinking that that question must
l)e first disposed of, I content myself with observing upon the Begulations themselves
that they are carried to an extent that appears very unmeasured and insupportable.
I have, &c.
(Signed) STOWELL.
mmmmm 13
No. 6.
Board of Trade to Foreign Office.—(Received January 7.)
Dear Sir, Office for Trade, London, January 7, 1822.
THE inclosed seems to contain all the information that we can expect from the
persons interested in the southern whale fishery; but I will try and squeeze a little
more out of them if I can.
Pray let me have the inclosed back, as it is an original, or if you will return it
when you have read it, I will send you a copy to-morrow.
Mr. Bobinson desired me to inform the parties that the point in question was too
high matter lor this Committee to do anything in its Board of Trade capacity.
I am, &c.
(Signed) THOS. LOCK.
Inclosure in No. 6.
Messrs. S. Enderby and Son and Mr. W. Mellish .to Board of Trade.
My Lords, PauVs Wharf, London, November 27,1821.
WE most respectfully address your Lordships on the subject of an Ordinance or
Ukase issued by the Emperor of Bussia on the 9th October last. The 1st Article of
that Ordinance in a sweeping way forbids all but subjects of Bussia from commencing
a whale fishery from Behring's Straits to 51° north latitude on the north-west coast of
America as well as in the Aleutian Islands on the east coast of Siberia and Kurile
Islands, that is to say, from Behring's Straits to the south Cape in the Island Ooroop
in 45° 51' north latitude. By this Article it appears that British ship-owners and
merchants are forbidden from attempting to carry on any fishery or branch of industry,
under penalties, to the north of 51° north latitude on the north west coast of America,
or to the north of 45° 51' north latitude on the eastern coasts of the North Pacific
Ocean.
The 2nd Article forbids all foreign vessels touching at the Bussian Establishments
within the above stated limits, or even to approach them within a less distance than
100 Italian miles, the cargo to be forfeited, without it can be proved that the vessel is
in want of provisions or driven in by tempestuous weather.
These two leading Articles in the Ordinance we consider as a declaration of war
against the commercial and fishing of British merchants if their enterprize carries their
ships to the north of the limits laid down by Bussia. One British ship of 500 tons
employed in the whale fishery has recently been as far as 47-J° north latitude on the
east coast, and found sperma cetce whales so plenty that great numbers of vessels will
sail immediately after the 1st January if we receive the protection we earnestly solicit
from our Government against this extraordinary Ordinance. Two British ships nearly
about the same time that the about ship sailed for the coast of Japan sailed for the
whale fishery on the north-west coast of America we believe into Behring's Straits.
We are at present unacquainted with their success.
We have no doubt if we are protected in a, fair trade (not with China) and fishery
in the North Pacific Ocean, that British enterprize will find some islands in that great
ocean which may have been overlooked by the Bussians and Americans, who are both
attempting to shut the shipping of Great Britain out of that ocean by not allowing us
to have any friendly port to resort to.
If Captain Parry is successful in effecting a passage into the North Pacific Ocean
either through Behring's Straits or elsewhere, the Bussian Ukase will prevent our
fishing in those Straits or making any use of the discovery for commercial purposes.
Waiting your Lordship's directions for our future government, we have, &c.
(Signed) SAM. ENDEBBY and SON.
WILLM. MELLISH.
m
%
[661]
E t si
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14
l-t
■
No. 7.
The Marquis of Londonderry to Count Lieven.
Foreign Office, January 18, 1822.
THE Undersigned has the honour hereby to acknowledge the note, addressed to
him by Baron de Nicolai of the 12th November last, covering a copy of an Ukase
issued by His Imperial Majesty the Emperor of All the Bussias, and bearing date the
4th September, 1821, 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 Pacific, and the commerce and navigation of His Imperial Majesty's subjects
in the seas adjacent thereto.
This document, containing Begulations of great extent and importance, both in its
territorial and maritime bearings, has been considered with the utmost attention, and
with those favourable sentiments which 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
referred for the report of those high legal authorities, whose duty it is to advise His
Majesty on such matters.
The Undersigned is directed, till such friendly explanations can take place
-between the two Governments as may obviate misunderstanding upon so delicate and
important a point, to make such provisional protest against 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 subjects from molestation in the exercise
of their lawful callings in that quarter of the globe.
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 Bussia's just rights, His Majesty will be ready to
enter into amicable explanations upon the interests affected 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 Bussia 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 being
prepared to admit that the intercourse which is allowed on the face of this instrument
to have hitherto subsisted on those coasts, and in those seas, can be deemed to be
illicit, or that the ships of friendly Powers, even supposing an unqualified 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
navigating within the distance of 100 Italian miles as therein laid down from the
coast, the exclusive dominion of which is assumed (but, as His Majesty's Government conceive, in error) to belong to His Imperial Majesty the Emperor of All the
(Signed)    LONDONDEBBY.
No. 8.
The Marquis of Londonderry to Sir C. Bagot.
(No. 5.)
Sir, Foreign Office, January 19, 1822.
WITH reference to your Excellency's several despatches relative to the Ukase
lately issued by the Emperor of Bussia under date the 4th 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 Pacific, and the commerce
and navigation of His Imperial Majesty's subjects in the seas adjacent thereto,
I have now the honour to inclose you a copy of a note which, by His Majesty's
command, I have addressed to the Count de Lieven, the Bussian Ambassador in
London, upon this subject; I am to desire, that in any communications which you
may have with the Bussian Government relative to this Ukase, you will conform
yourself to the tenour of the note herewith sent.
I am, &c.
(Signed) LONDONDEBBY. No. 9.
Mr. Stratford Canning to the Marquis of Londonderry.—(Received March 21.
(No. 11.) ' ||. "
My Lord, Washington, February 19, 1822.
I WAS informed this morning by Mr. Adams that the Bussian Envoy has,
within the last few days, communicated officially to the American Government an
Ukase of the Emperor of Bussia, which has lately appeared in the public prints,,
appropriating to the sovereignty and exclusive use of His Imperial Majesty the northwest coast of America down to the 51st parallel of latitude, together with a considerable portion of the opposite coasts of Asia, and the neighbouring 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 was
not the intention of the American Cabinet to admit the claim thus notified on the
part of Bussia. His objection appears to lie more particularly 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 communication 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 probability been made by
the Bussian 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 by saying that I had not yet received any intimation from your Lordship on the
subject.
I have, &c.
(Signed) STBATEOBD CANNING-.
No. 10.
Hudson's Bay Company to the Marquis of Londonderry.—(Received March     .)
My Lord, Hudson's Bay House, London, March 27, 1822.
IT has fallen under the observation of the Governor and Committee of the
Hudson's Bay Company that the Bussian Government have made a claim to the
north-west coast of America, from Behring's Straits to the 51st degree of north latitude:
and in an Imperial Ukase have prohibited foreign vessels from approaching the coast
within 100 miles, under penalty of confiscation. Likewise that the American Government are claiming a very considerable extent of country bordering on the Pacific
Ocean; and that a Bill is in progress in the House of Representatives for settling the
Columbia and forming it into a State of the Union.
In the Beport presented to the House on which this Bill is founded, the
Committee state that the title of the United States to the sovereignty of the territory
from the 41st degree to the completion of the 53rd degree of north latitude is unquestionable ; but that, in the opinion of the Committee, the American Government have
a good claim as far as 60° north latitude.
I need not remind your Lordship that a large portion of that country was
discovered by British navigators, and taken possession of on behalf of Great Britain;
nor of the affair of Nootka Sound, in 1789, in consequence of agressions committed
upon British subjects on that coast; but it may be necessary to state to your Lordship
that the Americans had no trade with the natives until long after the British
Establishments had been formed in the country to the westward of the Bocky
Mountains.
In the year 1792 Sir Alexander McKenzie, then a partner in the late North-West
Company, explored from the interior the country west of the Bocky Mountains, and
was the first who penetrated to the Pacific Ocean. In the preceding year Captain
Vancouver had surveyed the Columbia Biver from the mouth to the Falls, 200 miles
from the sea.
For above twenty years the British fur traders have had Settlements, and the
Company have an Establishment of 200 men on the Columbia Biver at this period,
to
and large and valuable
Istablishments to the northward. m
16
It was not till the year 1806 that the Americans explored this country, when an
-expedition was fitted out under Captains Lewis and Clarke, who proceeded to the head
of the Mississourie, thence across the Bocky Mountains to the Biver Columbia, and
down it to the mouth, and returned by the same route. Soon after the return of these
gentlemen, an American Chartered Company was established under the name of the
Pacific Eur Company, who began their operations in 1810. Ships were sent and a
fort built at the mouth of the Columbia. This fort was given up to the late North-
West Company in the American War, when they bought of the Pacific Fur Company
their whole stock-in-trade, and the country was abandoned by the Americans, and
they have not since had any traders in the Columbia, or to the northward.
The fort, after the Treaty of Ghentj was demanded by the American Government
as included, with other fortified places in that Treaty, although it is more properly
only a trading station, and it has been delivered up, but it remains unoccupied.
By a Convention in October 1818, subsequent to the Treaty, it was agreed by the
Contracting Parties that the country in question, for the purposes of trade, was to be
free to the subjects of both nations for ten years.
The fur trade of Great Britain, by an Act of last Session and gi;ant from His
Majesty, is vested in the Hudson's Bay Company; I cannot, therefore, refrain from
calling your Lordship's attention to this matter as of considerable importance at the
present moment, and not unlikely to lead to very unpleasant occurrences at some
future period, if no notice is taken of these proceedings of the Bussian and American
Governments, the effect of which would be to exclude British subjects from the northwest coast of America, and a valuable trade in the interior.
I have, &c.
(Signed) J. H. PELLY, Deputy Governor.
No. 11.
Earl Bathurst io the Duke of Wellington,
My Lord, Downing Street, September 14, 1822.
1 HAVE the honour to transmit, for your Grace's guidance in the execution of
the commission with which His Majesty has been pleased to intrust you in consequence of the lamented death of the Marquis of Londonderry, a Memorandum which
was originally drawn up by his Lordship, and, having been approved by His Majesty's
confidential servant, was submitted to His Majesty's Government and received His
Majesty's sanction.
I am   &Co
(Signed) BATHUBST.
Inclosure in No. 11.
Memorandum.
THE subject-matter upon which the allied Ministers will have to deliberate at
the approaching meeting at Vienna may be classed under the following heads :—
1. The Turkish question, internal and external.
2. The Spanish question, European and American.
3. The affairs of Italy.
As British points, the Slave Trade, the Austrian Debt, and the late Bussian Ukase
will demand attention.
* * * * *
Upon the Bussian Ukase the objections to its enactment, in principle, are set
forth in the note addressed to Count Lieven in reply to his communication of the
Ukase to the British Government. The duty of the British Plenipotentiary will be
to bring the Bussian Cabinet to some distinct explanation as to the mode in which the
differences of opinion on this instrument may be reconciled.
ssss
.T-T^MSW S3Ks8S
17
•;   No. 12. ^     \
Memorandum by the Duke of Wellington.
September 11, 1822.
IN the course of a conversation which I had yesterday with Count Lieven, he
informed me that he had been directed to give verbal explanations of the Ukase
respecting the north-west coast of America. These explanations went, he said, to this,
that the Emperor did not propose to carry into execution the Ukase in its extended
sense. That His Imperial Majesty's ships had been directed to cruize at the shortest
possible distance from the shore in order to supply the natives with arms and ammunition, and in order to warn all vessels that that was His Imperial Majesty's dominion ;
and that His Imperial Majesty had besides given directions to his Minister in the
United States to agree upon a Treaty of Limits with the United States.
It appears here that this explanation when given will be very little satisfactory;
and that at best it is only a verbal explanation of a written and published Ukase, the
terms of which, however contrary to the law of nations and protested against by us,
must be the rule for our merchants and traders till we can obtain some document in
writing which will alter it. This is the sense in which I propose to act at Vienna
upon this part of the instructions, and it is desirable that I should 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 dominion on the sea.
The Bussian Ministers will very probably assimilate their claim of dominion as
thus verbally explained to the claim which we are supposed to have of dominion in
the Narrow Seas, which it was attempted to bring into discussion at the Congress at
Vienna in 1815. We avoided the discussion, and explained the practice of giving and
receiving salutes prevailing in the British navy in a manner satisfactory 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 subject, and he
has informed me that the Emperor has authorized his Minister in the United States
to treat upon limits in North America with the United States. He gave me this
instruction confidentially, 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 be shut out by
any agreement made between Bussia and the United States.
It is desirable, therefore, that I should be informed upon this subject as soon as
may be convenient.
No. 13.
Hudson's Bay Company to Mr. George Canning.—(Received September     .)
Sir, Hudson's Bay House, London, September 25, 1822.
I HAVE the honour to address you, on behalf of the Hudson's Bay Company,
upon the subject of the claim set up by Bussia to that part of the north-west coast of
America which is to the north of the 51st degree north latitude,
It appears to the Directors of this Company that the claim of Bussia 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 Bussia 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 briefly the progress of the
British fur trade in that part of North America, and to apprize 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 Company.
In the year 1793 Sir Alexander McKenzie crossed the Bocky Mountains in
56° 30' north latitude, and penetrated to the Pacific Ocean in latitude 52° 20'.
Immediately after his return, the British fur traders sent expeditions and established
trading posts in the country to the westward of the Bocky Mountains. New trading
stations have been gradually formed, as the country was more fully explored, and
[66l] E
ED i
»>* 18
u i
until 1821 the whole trade of an extensive district named New Caledonia, and extending-
from the mouth of Eraser's Biver, situated about 49° north latitude to about 60° north
latitude, was carried on by the British North-West Company.
The partnership of the British North-West Company being then about to expire,
arrangements were made in 1821 by which the Hudson's Bay Company acquired
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,
The principal forts or permanent and centrical trading stations in New Caledonia,
now occupied by the traders and servants of this Company, are situated at the Bocky
Mountain portage in 56° north latitude and 121° west longitude; on Stewart's Lake,
in 54° 30' north latitude and 125° west longitude; on McLeod's Lake in 55° north
latitude and 124° west longitude, and on Eraser's Lake in 55° north latitude and about
127° west longitude, and there are several minor trading posts, the situation of which
are occasionally changed according to local circumstances. By these means an extensive
trade is carried on with all those Indian tribes which inhabit the country from about
60° north latitude as far south as the mouth of Eraser's Biver, which is in about
49° north latitude, and between the Bocky 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 Bussia or of any other foreign Power.
All the considerable rivers which fall into the Pacific Ocean in this extent of
coast have not yet been sufficiently explored to ascertain whether any of them are
navigable with large boats, and have safe harbours at their discharge into the sea; the
furs procured in that country have therefore been brought to England down the
Peace Biver and through the Hudson's Bay Company's territories. But it is probable
that, in such an extent of coast, some practicable communication 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 advantageous in the country to the
south of New Caledonia situated on the various branches of the Columbia Biver,
where this Company have extensive trading Establishments extending to the head
waters of that river in the Bocky Mountains, and the same advantages would be
derived from a direct communication by sea with New Caledonia.
This Company has trading Establishments also in McKenzie's Biver, which falls
into the Frozen Ocean as far north as 66° 30' north latitude, which carry on a trade
with those Indians who inhabit 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 easily with McKenzie's Biver than with the trading posts in New Caledonia.
I have thus given a brief outline of the British trading stations on the northwest coast of America, and I feel confident that His Majesty's Government 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, &c.
(Signed) J. H. PELLY, Deputy Governor.
Inclosure in No. 13.
Memorandum,
THE grounds on which the Bussian
Government claim the whole north-west
coast of America from Behring's Straits to
the 51st degree north latitude, are detailed
in a correspondence which took place at
Washington in the months of Eebruary,
March, and April, 1822, between the
American Government and the Bussian
Ambasssdor, the Chevalier Pierre de
Politioa.
zmmm-
mgm 1. The discoveries made by the Bussians
during the reign of Peter the Eirst.
2. The discoveries made by Behring
and Tchiricoff in 1741, during the reign of
the Empress Anne and the Map published
by the Imperial Academy in 1758, the
result of the labours of the Academicians
who accompanied the expedition, viz.,
Muller, Steller, Fischer, De l'lsle de la
Crayere, Krasilnicoff, &c.
That  Cape   or Mount St.   Elias was
named by Behring.
That Tchirikoff pushed his discoveries
as far as 49° north.
9
It does not appear that any discoveries
were made during the reign .... though
this Monarch formed many plans for
discoveries.
The Empress Catherine, however, in
conformity to. her deceased husband's
instructions, ordered an expedition to be
fitted out in 1728, and gave the command
of it to Vitus Behring, a Dane by birth,
who ascertained the separation of the two
continents    as
high
as
67°    on   the
gives an account of this
coast of Asia; in the following year he
made an attempt to discover the coast of
America, but was unsuccessful, and from
this period no attempts at discovery were
made till the year 1741. (See Coxe's
account of Bussian discoveries.)
Muller, who
voyage, and who is the authority on
which the Bussian Government relies,
states, "That Behring came in sight of
land in 58° 28' north latitude, and
Tchiricoff in latitude 56. That Behring
did not land on the mainland . . . but
sent a boat on shore for water on a large
island."
That he named a point of land which
projects into the sea Cape St. Elias, but
that he never landed or took possession.
Muller further states, which Steller
confirms, "That on the 21st July, leaving
their anchorage place between two islands
.... on one of which a boat's crew with
Steller had landed, they set sail and
attempted to trace the coast to 65°,
but their course was so interrupted by
islands, they could proceed no further
north.
Erom Muller's account it is doubtful
whether they ever reached America; they
certainly never landed on the mainland or
took possession.
Steller likewise states he landed on
islands but never on the mainland.
Behring died in this expedition on an
island near Kamschatka, which is now
called after him, and his vessel was
wrecked.
Muller's account of Tchiricoff is that he
made the land in 56°, that he sent
ten men in a boat for water, but never
returning, it is supposed they were
massacred; six more were dispatched in
another boat to look after their comrades
who probably shared the same fate.
On the 27th July, Tchirikoff took his
departure for Kamschatka, and arrived on
the 9th October in Avatka Bay.
The famous Astronomer De l'lsle was
with Tchirikoff, and it is not probable
that the observations he took he would
have made a mistake of 7 degrees. (The
celebrated   Geographer,   Guillaume   De nf
20
3. The discoveries by private individuals
to 1743.
4. In 1763 Bussian Establishments
extended as far as the Island of Kodiak
or Kichtak. In 1778, Cook found them
at Ounalashka and some Bussian inscriptions at Kodiak.
Vancouver saw the Bussian Establishment in the Bav of Kinai.
In fine Captain Meares, Portlock, La
Peyrouse, unanimously attest the existence of Bussian Establishments in these
latitudes.
5. If the Imperial Government had at
the time published the discoveries made
by the Bussian navigators after Behring[and
Tchirikoff, viz., Chodiloff, Serebrianicoff,
Krassilnicoff, Paycoff, Poushcaroff, Lazeriff,
Medwedeff, Solvnieff, Lewasheff, Krimstin,
and others, no one could refuse to Bussia
the right of first discovery, nor could even
any one deny her of first occupation.
l'lsle, from the papers of his brother
De l'lsle de la Cray ere, who was with the
expedition, gives the latitude 55° 36/.)
The Map alluded to was published
under the direction, of Muller, and which,
as will be seen, places Cape St. Elias
about 59°, and the coast discovered
by J Tchirikoff in about 56°. (This
Map is in the history of Kamschatka).
On reference to the Maps according to
Cooke, Vancouver, &c, it will be seen
that the coast where Tchirikoff made
the land in 56°, consists entirely of
islands, and that 49° is Nootka Sound.
Muller in his Map marks the coast
as without islands, proving that Tchirikoff
mistook the islands for the mainland.
Tchirikoff does not appear to have
again visited the north-west coast of
America.    (See history of Kamschatka.)
These discoveries were entirely to the
northern Archipelago so-called, named
the Eox and Aleutian Islands.
The voyages from 1741 to 1778 were
entirely confined to the Eox and Aleutian
Islands, &c, not at all extending to the
north-west coast of America.
Ounalashka and Kodiak are both islands
unconnected with the north-west coast,
but Captain Cook had discovered and
taken possession in the name of His
Britannic Majesty of the whole coast,
which the Bussian Government claims.
Captain Cook made the coast in 49° 29'.
Vancouver was visited by Bussians in
Prince William's Sound, which is in
upwards of 60°.
Meares and Portlock saw Bussians in
Cook's Inlet. Captain Meares commanded
the I Nootka " and Captain Portlock the
I King George." . . . ships engaged in the
fur trade between Canton and the northwest coast from 1780 to 1790, but it
cannot be found where Peyrouse attests
their existence, though in the 234th page
of the 2nd vol. of the Paris edition of
his voyages, published 1798, there is the
following sentence: " J'ai trouve parmi
leurs bijoux des morceaux d'ambre jaune
ou de semin, mais j'ignore si c'est une
production de leur pays, ou si comme le
fer, ils l'ont recu de Tancien continent
par leur communication indirecte avec les
Busses."
On a reference to Coxe's Bussian
discoveries, it is evident that the whole
of these expeditions were confined to the
Eox and Aleutian Islands, and from the
order in which the names are placed it
would appear that M. de Poletica took his
information from this work. 21
6. That Don Joze Martinez in 1789 did
not remove the Bussian colonists from
Nootka, and that the Spaniards acknowledged, by the Beport of Captain
Malespina, that they had no right beyond
Cape Blanc in latitude 42° 50'.
7. That in 1799 the Emperor Paul I
granted to the present American Eur
Company its first Charter; he gave it the
exclusive possession of the north-west
coast of America, which belonged to
Bussia from the 55° north latitude to
Behring's Straits.
He permitted them to extend their
discoveries to the south, and there to form
Establishments, provided they did not
encroach upon the territory occupied by
other Powers.
This act when made public excited no
claim on the part of other Cabinets, not
even on the part of Madrid, which confirms that it did not extend its pretensions
to the 60th degree-
When by the Treaty of Washington the
American Government acquired all the
right of territory which belonged to Spain
beyond 42°, no northern boundary was
named, because Spain could not define
her right.
8. The 51° being only the mean
point between the Bussian Establishments
of New Archangel in 57° and the
American Colony which is found at the
mouth of the Columbia in 46°.
9. That in 1789 the Spanish packet
I St. Charles " found in the latitude of 48
and 49 a Bussian Colony of twenty
families, which were the descendants of
the companions of Tchiricoff.
Neither Cook or Vancouver mention
these settlers. So little did the Court of
Madrid know of settlers at Nootka that in
its State Paper to Mr. Eitzherbert it
mentions that they were informed that
Bussia intended forming Establishments.
(See Annual Begister 1790,- pp. 287 to
305.)
The Court of Madrid had in the year
1790 claimed to latitude 61°, and quotes
in a letter from the Spanish to the
French Minister the 16th June, 1890, an
admission of Bussia to the claim of Spain
to the 61° north latitude, though perhaps
a little equivocal.
See J. Q. Adams' letter in answer to
30th March, 1822.
It is not at all defined that the mouth
of the Columbia belongs to America. By
a Convention with the United States,
January 1819, the country to the westward of the Bocky Mountains is left
common to both nations for ten years,
This Establishment, even if authentic
that they were the descendants of.
Tchiricoff, would be on Nootka, an
Island, and therefore giving no right
of possession to the mainland. It is
singular, if they were the descendants of
Tchirikoff, that neither Krusenstern or
Kotzebue mention the circumstance, and
that neither Vancouver or Cook, or any
traders have noticed it.
No. 14.
Mr. G. Canning to the Duke of Wellington.
(No. 6.)
My Lord Duke, Foreign Office, September 27, 1822.
YOUB Grace is already in possession of all that has passed both here and at
St. Petersburgh on the subject of the issue in September of last year, by the Emperor
of Bussia, of an Ukase indirectly asserting an exclusive right of sovereignty from
Behring's Straits to the 51st degree of north latitude on the west coast of America,
and to the 45th degree north on the opposite coast of Asia, and (as a qualified exercise
of that right) prohibiting all foreign ships, under pain of confiscation, from approaching
within 100 Italian miles of those coasts.
[661] G
m >9
if IH
The Ukase having been communicated by Baron Nicolai, the Bussian Charge
d'Affaires at this Court, to His Majesty's Government, was forthwith submitted to the
legal authorities whose duty it is to advise His Majesty on such matters; and a note
was in consequence addressed by the late Marquis of Londonderry to Count Lieven,
the Bussian Ambassador, and also communicated to His Majesty's Ambassador at
St. Petersburgh, protesting against the enactments of the said Ukase, and requesting
such amicable explanations as might tend to reconcile the pretensions of Bussia in
that quarter of the globe with the just rights of His Majesty's Crown and the interests
of his subjects.
As such explanations will probably be offered to your Grace during the Conferences about to take place at Vienna, I hasten to signify to you the King's
commands as to the language which. you will hold on the part of His Majesty upon
this subject.
The opinions given in November and December last by Lord Stowell and by His
Majesty's Advocate-General (copies of which are already in your possession) will
furnish you with the best legal arguments in opposition to the pretensions put forward
in the Bussian Ukase; and as, in both these opinions, much stress is very properly
laid upon the state of actual occupation of the territories claimed by Bussia, and the
different periods of time at which they were so occupied, I have obtained from the
Governor of the principal Company of His Majesty's subjects trading in that part of
the world the information which your Grace will find in the inclosed papers. That
information will enable you sufficiently to prove to the Bussian Ministers, not only
that the point of prior discovery may be fairly disputed with Bussia, but that the
much more certain title of actual occupation by the agents and the trading servants
of the Hudson's Bay Company extends at this moment to many degrees of higher
latitude on the north-west coast of America than is claimed as the territory of Bussia
by the Ukase in question.
Enlightened statesmen and jurists have long held as insignificant all titles of
territory that are not founded on actual occupation, and that title is in the opinion of
the most esteemed writers on public law to be established only by practical use.
With respect to the other points in the Ukase which have the effect of extending
the territorial rights of Bussia over the adjacent seas to the unprecedented distance 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 boundary to a short limited distance for purposes of protection and
general convenience, in no manner interfering with the rights of others, and not
obstructing the freedom of general commerce and navigation.
But this important qualification the extent of the present claim entirely excludes,
and when such a prohibition 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 unforeseen difficulties, and where the principal employment of the
fisheries must be pursued under circumstances which are incompatible with the
prescribed courses, all particular considerations concur, in an especial manner, with
the general principle, in repelling such a pretension as an encroachment on the
freedom of navigation, and the unalienable' rights of all nations.
I have indeed the satisfaction to believe, from a conference which I 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 Bussian Government are prepared entirely to wave their pretensions.
The only effort 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 by it had (whether wisely or not) given its deliberate
consent. No inference could be drawn from that transaction in favour of a claim by
authority against all the world.
I have little doubt, therefore, but that the public notification of the claim to consider
the portions of the ocean included between the adjoining coasts of America and the
Bussian Empire as a mare clausum, and to extend the exclusive territorial jurisdiction
of Bussia to 100 Italian miles from the coast, will be publicly recalled, and I have the
mm 23
King's commands to instruct your Grace further to require of the Bussian 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
Bussia as shall not interfere with the rights and actual possessions of Her Majesty's
subjects in North America.
I am, &c.
(Signed) GEOBGE CANNING.
No. 15.
The Duke of Wellington to Mr. G. Canning.—(Received December 9.)
(No. 38.)
Sir, Verona, November 28, 1822.
I INCLOSE the copy of a Confidential Memorandum which I gave to Count
Nesselrode on the 17th October, regarding the Bussian Ukase, and the copy of his
answer.
I have had one or two discussions with Count Lieven upon this paper, to which I
object as not enabling His Majesty'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 Bussian " Memoire Confidentiel."
This question then stands exactly where it did. I have not been able to do
anything upon it.
(Signed)      1    WELLINGTON.
Enclosure 1 in" No. 15.
Memorandum.
IN the month of September 1821 His Imperial Majesty the Emperor of Bussia
issued an Ukase, asserting the existence in the Crown of Bussia of an exclusive right
of sovereignty in the countries extending from Behring's Straits to the 51st degree of
north latitude on the west coast 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 adviseplis Majesty on such matters, a note was addressed
by the late Marquis of Londonderry to Count Lieven, the Bussian Ambassador,
protesting against the enactments of this Ukase, and requesting such amicable explanations as might tend to reconcile the pretensions of Bussia 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 Bussia 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 many years established forts and other trading stations in a country
called New Caledonia, situated to the west of a. range of mountains called Bocky
Mountains, and extending along the shores of the Pacific Ocean from latitude 49° to
latitude 60°.
This Company likewise possess Factories and other Establishments on Mackenzie's
Biver, which falls into the Frozen Ocean as far north as latitude 66° 30', from whence
they carry on trade with the Indians inhabiting the countries to the west of that
river, and who, from the nature of the country, can communicate with Mackenzie's
Biver 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,
mi m
.
24
however, we conceive we might fairly dispute, we have the indisputable claim of
occupancy and use for a series of years, which all the best writers on the laws of
nations admit is the best founded claim to a territory of this description.
Objecting as we do to this claim of exclusive sovereignty on the part of Bussia, I
might save myself 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 Ukase, not less than we 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 must object likewise to other arrangements contained in the said Ukase,
conveying to private merchant-ships the right to search in time of peace, &c, which
are quite contrary to the laws and usages of nations, and to the practice of modern
times.
Verona, October 17, 1822.
Inclosure 2 in No. 15.
Memoire Confidentiel.
LE Cabinet de Bussie a pris en mure consideration le Memoire Confidentiel que
M. le Due de Wellington lui a remis le 17 Octobre dernier relativement aux mesures
adoptees par Sa Majeste* l'Empereur sous la date du 4 (16) Septembre, 1821, pour
determiner l'etendue des possessions Busses sur la c6te nord-ouest de l'Amerique, et
pour interdire aux vaisseaux etrangers l'approche de ces possessions jusqu'a la distance
de 100 milles d'ltalie.
Les ouvertures faites a ce sujet au Gouvernement de Sa Majeste* Britannique par
le Comte de Lieven au moment ou cet Ambassadeur alloit quitter' Londres, doivent
deja avoir prouve que l'opinion que le Cabinet de Saint-James avoit concue des
mesures dont il s'agit, n'etoit point fondee sur une appreciation entierement exacte des
vues de Sa Majeste Imperiale.
La Bussie est loin de meconnoitre que l'usage et T occupation constituent le plus
solide des titres d'apres lesquels un Eltat puisse redamer des droits de souverainete sur
une portion quelconque du continent. La Bussie est plus loin encore d'avoir voulu
outrepasser arbitrairement les limites que ce titre assigne a ses domaines sur la c6te
nord-ouest de l'Amerique, ou exiger en principe general de droit maritime les regies
qu'une necessite purement locale l'avoit obligee de poser pour la navigation etrangere
dans le voisinage de la partie de cette c6te qui lui appartient.
C'etoit au contraire parce qu'elle regardoit ces droits de souverainete comme
legitimes et parce que des considerations imperieuses tenant a l'existence meme du
commerce qu'elle fait dans les parages de la c6te nord-ouest de l'Amerique, la
forcoient a etablir un systeme de precautions de venues indispensables, qu'elle a fait
paroltre l'Ukase du 4 (16) Septembre, 1821.
La Bussie seroit toujour's prete a faire part des motifs qui en justifient ses
dispositions mais pour le moment elle se bornera aux observations suivantes.
M. le Due de Wellington affirme dans son Memoire Confidentiel du 17 Octobre
que des Etablissemens Anglois, appartenant a deux Compagnies: celle de la Baye de
Hudson et celle du Nord-Ouest, se sont formes dans une contree appeiee la Nouvelle-
Caiedonie, qui s'etend le long de la c6te de l'Ocean Pacifique, depuis le 49° jusqu'au 60°
de latitude septentrionale.
La Bussie ne parlera point des Etablissemens qui peuvent exister entre le 49 et
51 parallele, mais quant aux autres, elle n'hesite pas de convenir qu'elle en ignore
jusqu'a present l'existence, pour autant au moins qu'ils toucheroient l'Ocean Pacifique.
Les Cartes Angloises meme les plus recentes et les plus detailiees n'indiquent
absolument aucune des stations de commerce mentionnees dans le Memoire du
17 Octobre, sur la c6te meme de l'Amerique, entre le 51° et 60° de latitude septentrionale.
D'ailleurs, depuis les expeditions de Behring et de Tchiricoff, e'est-a-dire, depuis
pres d'un siecle, des Etablissemens Busses ont pris, a partir du 60°, une extension
progressive, qui des l'annee 1799 les avoit fait parvenir jusqu'au 55 parallele, comme
le porte la premiere Charte de la Compagnie Busse-Americaine, Charte qui a recu dans
le terns une publioite officielle, et qui n'a motive aucune protestation de la part de
l'Angleterre.
warn
mass 25
Cette meme Charte accordoit a la Compagnie Busse le droit de porter ses Etablissemens vers le midi au dela du 55° de latitude septentrionale, pourvu que de tels
accroissemens de territoire ne pussent donner motif de reclamation a 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 Busse-Americaine a
pu former au sud du 55°, en vertu de ce privilege.
La Bussie etoit done pleinement 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 Busse avoit etendu ses operations
depuis 1799.
Quoiqu'il en soit et quelque force que ces circonstances pretent aux titres de la
Bussie, Sa Majeste Imperiale ne deviera point dans cette conjoncture du systeme
habituel de sa politique.
Le premier de ses voeux 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 l'Empereur a charge son Cabinet de declarer a M. le Due de
Wellington (sans que cette declaration puisse 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 l'Anierique.
Sa Majeste Imperiale se plait a croire que cette negociation pourra se terminer
sans difficulte a la satisfaction reciproque des deux Etats, et le Cabinet de Bussie peut
assurer des a present M. le Due de Wellington que les mesures de precaution et de
surveillance qui seront prises alors sur la partie Busse de la c6te d'Amerique, se
trouveront entitlement conformes aux droits derivant de sa souverainete, ainsi qu'aux
usages etablis entre nations, et qu'aucune plainte legitime ne pourra s'elever contre
elles.
Verone, le 11 (23) Novembre, 1822.
Enclosure 3 in No.
1^
The Duke of Wellington to Count Lieven.
M. le Comte, Verona, November 28, 1822.
HAVING considered the paper which your Excellency gave me last night on
the part of his Excellency Count Nesselrode on the subject of our discussions on the
Bussian Ukase, I must inform you that I cannot consent, on the part of my Government, to found on that paper the negotiations for the settlement of the question which
has arisen between the two Governments on this subject.
We object to the Ukase on the grounds:—
1. That His Imperial Majesty assumes thereby an exclusive sovereignty in North
America of which we are not prepared to .acknowledge the existence or the extent.
Upon this point, however, the Memorandum of Count Nesselrode does afford the
means of negotiation, and my Government will be ready to discuss it either in London
or St. Petersburgh whenever the state of the discussions on the other question arising
out of the Ukase will allow of the discussion.
The second ground on which we object to the Ukase is that His Imperial Majesty
thereby excludes from a certain considerable extent of the open sea vessels of other
nations.
We contend that the assumption of this power is contrary to the law of nations
and we cannot found a negotiation upon a paper in which it is again broadly asserted.
We contend that no Power whatever can exclude 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 engagement, but it cannot by right be excluded by another. This we
consider as the law of nations, and we cannot negotiate upon a paper in which a right
is asserted inconsistent with this principle.
[661] H
n *    M
jljj .
2t5
I think, therefore, that the best mode of proceeding would be that you should
state your readiness to negotiate upon the whole subject, without restating the
objectionable principle of the Ukase, which we cannot admit.
Ever yours, &c.
(Signed) WELLINGTON.
No. 16.
The Duke of Wellington to Mr. G. Canning.—(Received December 9.)
(No. 44.)     ; M
Sir, Verona, November 29, 1822.
SINCE I wrote to you yesterday I have had another conversation with the
Bussian Ministers regarding the Ukase.
It is now settled that both the Memorandums which I inclosed to you should be
considered as non avenus, and the Bussian Ambassador in London 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, reserving them all if the result of the negotiation should 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, &c.
. (Signed) WELLINGTON.
•  I
No. 17.
Mr. S. Canning to Earl Bathursi.—(Received .)
(Separate.)
(Extract.) Washington, November 21, 1822.
BEING directed by my instructions to transmit to His Majesty's Government
whatever information I may happen to obtain respecting the proposed occupation of
the territory adjacent to the Columbia Biver, I have endeavoured not to lose sight of
this subject, the rather as an effort will probably be made in the course of the
approaching Session to bring it under the immediate deliberation of Congress. The
correspondence which, some months ago, took place between M. Poletica, the late
Bussian Minister at Washington, and Mr. Adams, relative to another portion of the
north-west coast of America, has contributed to turn the attention of the public
towards the same quarter. On the questions involved in this correspondence an
interesting article has lately appeared in the " North American Beview," a work of
merit published periodically at Boston. The argument, bottomed on facts, which the
reviewer maintains in opposition to the territorial pretensions of^J Bussia, would seem,
as far as the title of thai Power is concerned, to be of a very conclusive description.
As the article is rather long, I have made extracts of the material parts for your
Lordship's more convenient perusal.    They will be found in the Enclosure (A).
Inclosure in No. 17.
Extract from the % North American Review."
(a.) m
THE third voyage of Cook having made us acquainted with countries of which
little was before known, several enterprising individuals, allured by the prospect of a
profitable traffic with the natives, engaged in voyages to the north-west coast as early
as 1784. The citizens of the United States, then just recovering from the entire
prostration of their commerce by the revolutionary war, and possessing more
enterprise than capital, were not slow in perceiving the benefits likely to result
from the participation in a branch of trade where industry and perseverance could
be substituted for capital.
In 1787, two vessels were fitted out in the port of Boston, the " Columbia,"
of 300 tons, and the " Washington," of 100 tons burthen;  the former commanded 97
by Mr. John Kendrick, the latter by Mr. Bobert Grey, since known as the first
navigator who entered the Biver Columbia. Other vessels followed shortly after,
and those intrusted with the management of these voyages soon acquired the
necessary local knowledge to insure a successful competition with the traders of
other nations (mostly English) who had preceded them. The habits and ordinary-
pursuits of the New Englanders qualified them in a peculiar manner for carrying
on this trade, and the embarrassed state of Europe, combined with other circumstances, gave them, in the course of a few years, almost a monopoly of the most
lucrative part of it.  j
In 1801, which was, perhaps, the most flourishing period of the trade, there
were sixteen ships on the north-west coast, fifteen of which were Americans and
one English. Upwards of 18,000 sea-otter skins, besides other furs, were collected
for the China market in that year by the American vessels alone.
Since that time the trade has declined, the sea-otter having become scarce in
consequence of the impolitic system pursued by the Bussians, as well as by the natives,
who destroy indiscriminately the old and the young of this animal, which will probably
in a few years be as rarely met with on the coast of America as it is now on that of
Kamtchatka and among the Aleutian Islands, where they abounded when first
discovered by the Bussians. There are at the present time absent from the United
States fourteen vessels engaged in this trade, combined with that to the Sandwich
Islands, which for several years past has been carried on to a considerable extent in
sandal wood. These vessels are from 200 to 400 tons burthens, and carry from twenty-
five to thirty men each, and they are usually about three years in completing a voyage.
After exchanging with the natives of the coast for furs such part of their cargoes as is
adapted to the wants or suited to the fancy of these people, the ships return to the
Sandwich Islands, where a cargo of sandal wood is prepared, with which, and their
furs, they proceed to Canton, and return to the United States with cargoes of teas, &c.
The value at Canton of the furs, sandal wood, and other articles carried thither the
last season, by American vessels engaged in the trade, was little short of half-a-million
of dollars. When it is considered that a comparatively small capital is originally
embarked, that a great part of the value arises from the employment of so much
tonnage, and so many men, for the long time necessary to perform a voyage ; and that
Government finally derives a revenue from that portion of the proceeds which is
brought home in teas, equal, at least, to the amount invested at Canton, we believe
this trade will be thought too valuable to be quietly relinquished.
We have not met with any account of Tchiricoff's voyage from which the slightest
inference can be drawn that he saw the American coast in the parallel of 49°, but, on
the contrary, all the accounts which we have seen concur in fixing the southern limits
of his continental researches north of 55°. The earliest account we can find is in a
Memoir of Philippe Buache, read to the French Academy in 1752, and published at
Paris in 1753. This Memoir is accompanied by a Chart, prepared by M. de Lisle,
formerly First Professor of Astronomy in the Imperial Academy of St. Petersburgh,
and brother to Defile de la Cray ere, one of the Academicians who accompanied
Tchiricoff. On this Chart is marked .the route of that navigator from Kamtchatka
to America, and of his return. It appears from this that they discovered the coast
of America on the 15th July, 1741, about the latitude of 55° 30', and sent a boat,
with the pilot Dementiew and ten men with orders to land. This boat not returning,
after several days a second was sent with four men, who shared the fate of the first,
and nothing was heard of them till 1822, when they were fortunately discovered by
M, de Poletica in the latitude of 48° and 49°. After waiting in vain for the return
of his boats, Tchiricoff left the coast of America, and on his return discovered land in
latitude 51°. This could be no other than the southernmost of the Aleutian Islands; and
the circumstance of the natives coming off to him in skin canoes confirms the supposition, as no canoes of that description have ever been found on the American coast in
that parallel. The authenticity of this account of Tchiricoff's voyage can hardly be
questioned. It was published a few years only after his return, and it is stated that
M. de Lisle had received the manuscripts of his brother, who died at Kamtchatka
shortly after the termination of the voyage. Muller, who was in the expedition on
board Behring's ship, gives nearly the same account as the above of Tchiricoff's
voyage, placing his land fall in latitude of 56°. Cox, Burney, and all writers on this
subject whom we have met with, have adopted these accounts.
M. Fleurieu, the most intelligent writer on this subject of the last century, in his
" Historical Introduction " to the voyage of Marchand, published in 1S01, speaking of
the Bussian navigators alluded to by M. de Poletica, says, "The principal object of
v? 28
all these voyages was the examination of that long archipelago, known under the
collective name of the Aleutian or Fox Islands, which the Bussian Charts divide into
several archipelagoes under different names; of all that part of the coast which
extends east and west under the parallel of 60°, and comprehends a great number
of islands situated to the south of the mainland, some of which were visited, and others
only perceived, by Behring; lastly, of the peninsula of Alaska, and of the lands
situated to the north of this peninsula as far as the 70th degree. It is on these Aleutian
Islands, and on upwards of 300 leagues of the coast, which extends beyond the polar
circle, that the indefatigable Bussians have formed those numerous Settlements," &c.
From all these facts we feel fully warranted in the conclusion that no Bussian
navigator, excepting Tchiricoff, had seen the coast eastward of Behring's Bay previous
to the Spanish voyages of Perez in 1774 ; Heceta, Ayala, and Quadra in 1775 ; that of
Cook in 1778 : or even so late as 1788, when it was first visited by vessels from the
United States. Thus much for the Bussian "title of first discovery;" that of "first
occupation " comes next.
We have no doubt that Bussian fur-hunters formed Establishments at an early
period on the Aleutian Islands and neighbouring coast of the continent; but we are
equally certain that it can be clearly demonstrated that no Settlement was made eastward of Behring's Bay till the one at Norfolk Sound in 1799. The statements of
Cook, Vancouver, Mears (Mirs), Portlock, and La Perouse prove, what we readily
admit, that previous to 1786 the Bussians had Settlements on the Island of Kodiac
and in Cook's River | but we shall take leave to use the same authorities to establish
the fact that none of these Settlements extended so far east as Behring's Bay.
Vancouver, when speaking of Port Etches, in Prince Wiliams Sound (June 1794), says
(vol. iii, p. 173), " From the result of Mr. Johnstone's inquiries it did not appear that
the Bussians had formed any Establishments eastward of this station, but that their boats
made excursions along the exterior coast as far j as Cape Suckling, and their galiots
much farther." Again, p. 199, | We, however, clearly understood that the Bussian
Government had little to do with these Settlements; that they were solely under the
direction and support of independent mercantile Companies; and that Port Etches,
which had been established in course of the preceding summer, was the most eastern
Settlement on the American coast."
In a subsequent letter to Mr. Adams M. de Poletica says : " But what will dispel
even the shadow of doubt in this regard (title by occupation) is the authentic fact, that
in 1789 the Spanish packet " St. Charles," commanded by Captain Haro, found in the
latitude 48 and 49 Bussian Establishments to the number of eight, consisting in the
whole of twenty families, and 460 individuals. These were the descendants of the
companions cf Tchiricoff, who was supposed till then to have perished." This, if true, is?
we allow, conclusive evidence of the Bussian "title by occupation." It is certainly
the most important fact brought forward by M. de Poletica, and on its correctness we
are willing to rest the issue. Nootka Sound lies in latitude 49° 30', Clayoquot or port
Cox, in 49°, and Classet, at the entrance of the Straits of Juan de Fuca, in 48°.
Nootka was first visited by the Spanish navigator Perez in 1774, by Cook in 1778;
from 1784 to 1789 it was frequented by English, Portuguese, and American vessels; in
1788 Captain Mears built there a vessel, and made the Settlement which, subsequently,
came near causing a rupture between Great Britain and Spain; in 1789 a Spanish
Settlement was made by Martinez, and continued till 1794. During this period
Nootka, Clayoquot, and Classet were the common rendezvous for the ships and fur-
traders of all nations; vessels were built by citizens of the United States, both at
Nootka and Clayoquot; in 1790 the Settlements at Nootka became the subject of
investigation in the British Parliament, and volumes were written on it.    Now we
ask M. de Poletica, or any man of common intelligence, if it is within the bounds of
probability, if it is even possible, that eight Bussian Establishments, containing
462 individuals, should have existed in 1789, in the centre of these operations ; on the
very spot for which two powerful nations were contending j and no allusion be made
to the circumstance during the whole discussion, no mention be made of them by any of
the numerous writers on the subject, and no intimation of the fact in the journals of
Cook, Mears, Dixon, and Vancouver, who speak of Bussian Establishments on other
parts of the coast, and are altogether silent respecting these, which, had they existed,
would have been of more importance than all the other Bussian Settlements in that
quarter of the globe !
We have recently conversed with a son of Captain Kendrick, who was with his
father, in the " Columbia," in 1787, and remained a considerable time at Nootka, in
the Spanish service, and with another, individual, of great respectability, now residing
as»spp"> 29
near Boston, who, in 1792, built and equipped a small vessel at Nootka for commercial
purposes. Both these individuals were personally intimate with Captain Haro, at
Nootka, but never heard an intimation of his having discovered Bussian Establishments
in that vicinity; yet such a fact must have been highly interesting to the Spaniards,
who intended their Settlement to be permanent, and to the Americans, who were
actively engaged in the fur trade; and, therefore, very likely to become a subject of
discussion.
In the summer of 1799 the writer, then off Behring's Bay, in latitude 59° 30',
fell in with M. Baranoff, at that time, and for many years before and afterwards,
Commander-in-chief of all the Bussian Establishments in that part of the world. He
visited the American ship, and passed a day on board. Through an Englishman in
his service, who acted as interpreter, a full and free communication took place.
M. Baranoff stated that he was from Onalaska, which he left in company with a
galiot aiid a large fleet of skin-canoes, from whom he separated in a fog, a few days
before; and that they were all bound for Norfolk Sound, for the purpose of forming a
Settlement or hunting post. Learning that the writer had been at that place a short
time previous, he showed great solicitude to obtain information, particularly respecting
the native inhabitants, of whom he appeared to be much in dread, declaring his
apprehensions that they would destroy his hunters and defeat his plans,
He further stated that a hunting party having a short time before extended their
excursion to the neighbourhood of Norfolk Sound, had found the sea-otters so
abundant as to induce him to undertake what he considered a most perilous enterprise,
and he expressly declared that this was the first attempt ever made by the Bussians
to establish a post so far to the southward and eastward. This, though not a " historical
fact," is one for the correctness of which we hold ourselves pledged.
It would thus seem that M. Baranoff knew nothing of the extensive Bussian
Establishments in 48° and 49°, and we may, without injustice, regard as wholly
gratuitous on the part of M. de Poletica the discovery of the long lost companions of
Tchiricoff. We are tempted, moreover, to dwell a moment on the unparalleled increase
ascribed to this party. 460 descendants from fifteen men in forty-seven years would
afford a duplication of numbers in a little more than nine years, a statement we should
not dare to make in the hearing of Mr. Godwin. But what has become of these
" eight Establishments ?" The plain truth is, that in fixing the situation of the eight
Establishments, discovered by Captain Haro, M. de Poletica has made the mistake
of 10° of latitude. They were actually found in latitude 58° and 59°, instead
of 48° and 49°, and distant more than 1,000 miles from the situation assigned
them by the Bussian Minister. This fact appears, beyond a doubt, from the account
of the voyage of Captain Haro, given by M. Fleurieu, in the I Historical Introduction "
before referred to. It is there stated, on the authority of two original letters, the one
from San Blass, dated the 30th October, 1788 (a few days after the return of Haro),
the other from the City of Mexico, the 28th August, 1789, that Don Haro found,
between the latitudes of 58° and 59°, eight Bussian Establishments, each composed of
between sixteen and twenty families, forming a total of 462 individuals.
It is added " that the strangers had succeeded in habituating to their customs
L&
and manners 600 of the natives of the country, and received a tribute from them for
the Empress of Bussia." For this part of the account M. de Poletica has substituted
his own speculations concerning the lost companions of Tchiricoff. In a note
M. Fleurieu remarks, that "in the letter from St. Blass it is mentioned that the
Settlements are situated between the latitudes of 48° and 49°, but it is either the fault
of the copy, or it is by design, that the latitudes have been improperly indicated."
M. de Humboldt, in his | Political Essay on the Kingdom of New Spain," vol. ii,
p. 320, mentions the voyage of Don Haro, in the St. Carlos, and essentially confirms
the account already given. As he had access to the manuscript account of the
voyage, we presume his authority will not be questioned. Page 339, he says, " No
European nation has yet formed a solid Establishment on the immense extent of coast
from Cape Mendocino (latitude 42°) to the 59th degree of latitude j beyond this limit
the Russian Factories commence," &c.
It is perfectly well known to every navigator, Bussian as well as others, who has
Visited that part of the world, that no Bussian Settlement now exists, or ever did exist,
between the latitudes of 58° and 42°, except the one so often mentioned at Norfolk
Sound. On what, then, rests the Bussian claim to any part of the country between
those parallels ? Simply on the facts that Tchiricoff in 1741 saw land in 55° 36', and
that M. Baranoff in 1799 made a Settlement at Norfolk Sound, which was destroyed in
[661] I
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30
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1802,  and re-established in  1804.    Such, we  conceive, is  the  plain result of an
investigation of the very authorities which M. de Poletica himself has adduced.
We attach no importance to the circumstance of land being seen by Tchiricoff in
1741; but if M. de Poletica does, we are perfectly willing to try titles with him on
the score of discovery.    It is well known that Spain, by the Illrd Article of the
Treaty of 1819, ceded to the United States all her rights to the western coast of
America north of 42°.    It follows that all the discoveries made by her navigators
beyond that limit now belong to the United States.    It is a " historical fact," and one
too well authenticated to admit of doubt; and it is stated by M. de Humboldt, in his
I Political Essay on the Kingdom of New Spain," p. 313, that " Francisco Gali, in his
voyage from Macao to Acapulco, discovered in 1582 the north-west coast of America
under the 57° 30/."    | On correcting the old observations by the new, in places of
which the identity is ascertained, we find that Gali coasted part of the Archipelago of the
Prince of Wales, or that of King George."    Here we find that the land was discovered
and its shores examined 159 years before the voyage of Tchiricoff, and from 2 degrees
farther north than the cape seen by that navigator—a fact that puts the Bussian
claim to discovery out of the question.    As little do we believe in the validity of the
claims resulting from the occupation of Norfolk Sound in 1799.    This sound was first
discovered and examined by the Spanish expedition under Heceta, Ayala, and Quadra
in 1775, and received the name of "Bay of Guadalupa."    A few years afterwards it
was visited for commercial purposes, and abounding in valuable furs, soon became the
general resort of all those engaged in that trade.    It was frequented by the vessels of
Great Britain, France, and the United States several years before the Bussians had
extended their excursions so far eastward ; and it is therefore clear that, at that time,
they had no claim on the ground of occupation.    If, then, prior to 1799, Bussia
possessed no rights on this part of the coast but such as were common to and enjoyed
by other nations, we confess ourselves unable to perceive why the establishing of a
few hunters, and mounting some cannon in the corner of Sitka Bay, should give
her the right of restraining an intercourse and interdicting a commerce which had
hitherto been free.
It is well known to the Bussian Eur Company that nearly all the sea-otter skins,
and most of the other valuable furs, are procured north of the 51st degree, and if
I foreign adventurers " can be prevented from approaching that part of the coast, the
Company would soon be left in undisturbed possession of the whole trade, for south of
51° it is not of sufficient value to attract a single vessel in a season.    This would not
only secure to them a monopoly in the purchase, but give them the control of the
Chinese market for the most valuable furs, which would be still more important.
But we suspect a deeper design than the monopoly of a few otter-skins, for which the
interests of the Fur Company are made a convenient cover.    We have the authority of
Humboldt for stating that, in 1802, the Bussian Government limited their territorial
claims to the north of 55°.    They are now extended to 51°, and M. de Poletica informs
us that this is only " a moderate use of an incontestable right."    If the eight Establishments existed in 1789 where the Bussian Minister places them, no one would deny
their right of possession at that time as far as 48°.    The nearest European Settlement
was then the Spanish one of St. Francisco, in 38°.    The point, equidistant from these
two, is the 43rd degree, which, according to the principle asserted by M. de Poletica,
would have been the Bussian boundary in 1789.    The Bussians have already made a
considerable Settlement on Spanish territory at Fort Bodega in latitude 40°, and it is
possible that, guided by the same spirit of philanthropy which prompted the dismemberment of Poland, the august Emperor may choose to occupy the fertile, but defenceless,
Province of California, and annex it to his already extensive dominions.    Notwithstanding the friendly relations that exist between the United States and Bussia, we
should deem it a serious evil to have, on our western frontiers, a formidable population,
subjects of an ambitious and despotic Government.
Those engaged in the trade to the north-west coast have always considered
it a lawful commerce, and, having been confirmed in that opinion by the official
declaration of the Executive of the United States that "from the period of the
existence of the United States as an independent nation, their vessels have freely
navigated those seas, and the right to navigate them is a part of that independence,"
and that | the right of the citizens of the United States to hold commerce with the
aboriginal natives of the north-west coast of America without the territorial
jurisdiction of other nations, even in arms and ammunitions of war, is as clear
and indisputable as that of navigating the seas," they are not disposed to surrender
these rights without a struggle.    The American vessels employed on the north-
&mmt
mam 31
west coast are well armed and amply furnished with the munitions of war. Separated
from the civilized world, and cut off, for a long time, from all communication with it,
they have been accustomed to rely on their own resources for protection and defence,
and to consider and treat as enemies all who attempt to interrupt them in the prosecution
of their lawful pursuits. To induce them to relinquish this commerce 1 persuasion I
will be unavailing, "threats " will be disregarded, and any attempts at coercion will be
promptly resisted, unless made by a force so superior as to render resistance hopeless,
in which event they will look with confidence to their Government for redress and
support.
The trade carried on hj citizens of the United States with the Bussian Settlements
on the north-west coast has the sanction of their own Government, and till now has
never been prohibited by that of Bussia. It is done openly and with the consent of
the " established authorities" at the several places, who are themselves, in most
instances, parties to all commercial transactions. But for the supplies which this
trade has furnished some of the Bussian Settlements must have been abandoned,
and, from Langsdorff's account of the situation of " New Archangel," it appears that
in 1805 the people would have perished from famine had they not been relieved
by American traders. At this moment American vessels are engaged, by contract
with the servants of the Bussian Fur Company, in supplying their Settlements with
the necessaries and comforts of life.
No. 18.
Count Lieven to Mr. G. Canning.
Londres, le 19 (31) Janvier, 1823.
A LA suite des declarations verbales que le Soussigne, Ambassadeur Extraordinaire
et Plenipotentiaire de Sa Majeste l'Empereur de Toutes les Bussies, a faites au
Ministere de Sa Majeste Britannique, le Cabinet de St. James a du se convaincre
que si des objections s'etoient elevees contre le Beglement publie au nom de Sa
.Majeste rEmpereur de Toutes les Bussies, sous la date du 4 (16) Septembre, 1821, les
mesures ulterieures 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 auxquelles 1'unissent les liens
d'une amitie veritable et d'une bienveillance reciproque.
Avant de quitter Verone, le Soussigne a recu l'ordre de donner au Gouvernement
de Sa Majeste Britannique une nouvelle preuve des dispositions connues de l'Empereur,
en proposant a son Excellence Mr. Canning, Principal Secretaire d'Etat de Sa Majeste
Britannique pour les Affaires Etrangeres (sans que cette proposition puisse porter
atteinte aux droits de Sa Majeste Imperiale, si elle n'est pas acceptee), que cle part et
d'autre la question de droit strict soit provisoirement ecartee, et que tous les differends
aaxquels a donne lieu le Beglement dont il s'agit, s'applanissent par un arrangement
amical fonde sur le seul principe cles convenances mutuelles et qui seroit negocie a
St. Petersbourg.
L'Empereur se flatte que Sir Charles Bagot ne tardera point a recevoir les
pouvoirs et les instructions necessaires a cet effet et que la proposition du Soussigne
achevera de demontrer au Gouvernement de Sa Majeste Britannique combien Sa
Majeste Imperiale souhaite qu'aucune divergence d'opinion ne puisse subsister entre
la Bussie et la Grande-Bretagne, et que le plus parfait accord continue de presider a
leurs relations.
Le Soussigne saisit, &c.
(Signe) LIEVEN.
■ 1.)
No. 19.
Mr. G. Canning to Sir C. Bagot.
^>ir5 Foreign Office, February 5, 1823.
WITH reference to my despatch No. 5 of the 31st December last, transmitting
to your Excellency the copy of an instruction* addressed to the Duke of Wellington,
as well as a despatch! from his Grace dated Verona the 29th November last, both upon
* No. 14. f No. 16.
» \\h
11
I
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W&
W£Jmm&
32
the subject of the Bussian Ukase of September 1821, I have now to inclose to your
Excellency the copy of a note* which has been addressed to me by Count Lieven
expressing His Imperial Majesty's wish to enter into some amicable arrangement for
bringing this subject to a satisfactory termination, 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. Petersburgh.
I avail myself of the opportunity of a Bussian courier (of whose departure
Count Lieven 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 Bussian
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 information 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.
(Signed) GEOBGE CANNING.
No. 20.
Iii
,»i
Mr. G. Canning to Sir C. Bagot.
(No. 4.)
Sir, Foreign Office, February 25, 1823.
I TBANSMIT to your Excellency herewith a Full Power which the King has
been pleased to grant to you under the Great Seal, authorizing and empowering you
to adjust the differences which have arisen in consequence of the Ukase promulgated
at St. Petersburgh on the 4th September, 1821, which prohibits, under pain of
confiscation, all foreign vessels from approaching within 100 Italian miles of the
north-western coasts of America, the Aleutian and Kurile Isles, and the eastern
coasts of Siberia.
I have nothing further to add to the papers with which your Excellency has
already been furnished on this subject, except two opinions which were laid by the
King's Law Officers before His Majesty's Government on the first receipt of the
Ukase in question.
I am, &c.
(Signed) GEOBGE CANNING.
No. 21.
Sir C. Bagot to Mr. G. Canning.—(Received March 15.)
(No. 8.)
Sir, ii Petersburgh, February 10 (22), 1823.
COUNT LIEVEN'S courier arrived here yesterday afternoon, and I had this
morning the honour to receive your despatch 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 September, 1821.
As the post is on the point of setting out I have only time to acknowledge the
receipt of this despatch, and to assure you that I shall immediately proceed to open
with the Bussian 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 with him generally upon" the state of affairs as they appear to be affected 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 opportunity of seeing the Emperor since his return from Verona.
The latest intelligence received here from Constantinople is still that of the
25th of last month.
I ought to state that in the copy of the instructions given to the Duke of
Wellington by your despatch No. 6 to his Grace of the.27th September last, and
* No. 18. 33
which was transmitted to me in your despatch 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, &c.
(Signed) CHABLES BAGOT.
No. 22.
Count Nesselrode to Count Lieven.
M. le Comte, Saint-Petersbourg, le 17 Avril, 1823.
PAB mes depeches du 17 de ce mois, j'ai fait connoitre a votre Excellence les
resultats peu satisfesans de nos negotiations avec Sir Charles Bagot, relatives aux
frontieres qui doivent separer les possessions Busses des possessions Angloises par la
cote nord-ouest de l'Amerique.
Aujourd'hui, M. le Comte, je vous developperai les -motifs qui ne nous ont pas
permis d'accepter les propositions de l'Ambassadeur d'Angleterre.
Pour ne pas entrer sans necessite dans de trop longs details, je me bornerai a
discuter ici le point de la question sur lequel nous n'avons pu tomber d'accord.
L'Oukase du 4 (16) Septembre, 1821, avoit porte jusqu'au 51° de latitude
septentrionale les limites des domaines de la Bussie sur la cdte nord-ouest du Continent
Americain. Cependant l'Empereur s'etant convaincu que presqu'a la meme epoque la
Compagnie Angloise de la Baie d'Hudson avoit forme des Etablissemens par les
53° et 54° de latitude septentrionale, et que ces Etablissemens n'etoient meme plus
tres eloignes de la cdte, nous autorisa a donner, des 1'ouverture des negotiations, une
preuve de ses intentions conciliantes, en declarant a Sir Charles Bagot que nous nous
tiendrions aux limites assignees a nos possessions Americaines par la Charte de
l'Empereur Paul, qu'en consequence la ligne du 55e degre de latitude septentrionale,
constitueroit au midi la frontiere des Etats de Sa Majeste Imperiale, que sur le
continent et vers Test, cette frontiere pourroit courir le long des montagnes qui
suivent les sinuosites de la cote jusqu'au Mont Erie, et que de ce point jusqu'a la Mer
Glaciale nous fixerions les bornes des possessions respectives d'apres la ligne du
140e degre de longitude ouest rneridien de Greenwich.
Afin de ne pas couper Pile du Prince de Galles, qui selon cet arrangement
devoit rester a la Bussie, nous proposions de porter la frontiere meridionale de nos
domaines au 54° 40' de latitude et de la faire aboutir sur le Continent au Portland
Canal, dont 1'embouchure dans l'Ocean est a la hauteur de Tile du Prince de Galles et
l'origine dans les terres entre le 55° et 56° de latitude.
Cette proposition ne nous assuroit qu'une etroite lisiere sur la cote meme, et elle
laissoit aux Etablissemens Anglois tout Tespace necessaire pour se multiplier et
s'etendre.
Vous verrez, M. le Comte, par les pieces ci-jointes, qu'en outre nous annoncions
I'ouverture du port de Novo-Archangelsk et que nous promettions la libre navigation
des fleuves qui se trouveroient sur notre territoire.
Apres quelques discussions, les dernieres contre-propositions de Sir Charles Bagot
furent de comprendre toute l'Ue du Prince de Galles dans les possessions de la Bussie,
mais de stipuler que notre frontiere suivroit de cette lie la passe dite Duke of Clarence's
Sound, et qu'elle n'aboutiroit a la c6te qu'au-dessus du 56° de latitude septentrionale.
Cette difference, si on la considere sur la Carte, paroit insignifiante au premier
coup d'oeil; elle est neanmoins si essentielle pour nous, qu'il nous est absolument
impossible d'adherer au plan de demarcation trace par le Plenipotentiaire de Sa Majeste'
Britannique.
Nous lui avons expose, dans notre reponse a sa seconde note verbale et dans notre
replique du 18 Mars, des considerations que nous ne pouvons perdre de vue et qui nous
semblent decisives. L'Empereur vous charge, M. le Comte, d'inviter le Cabinet de
St. James a les peser avec la plus mure attention, et Sa Majeste seflatte qu'a la suite
d'un examen impartial il s'empressera lui-meme de reconnoitre conibien nos raisons
sont graves et legitimes.
En premier lieu, aucun Etat n'a reclame contre la Charte de l'Empereur Paul, et
ce silence universel peut et doit etre envisage comme une reconnoissance de nos
droits.
[661]     ■ ■      "■ K
mmKmmmmn 34
ii
i       !
On nous objecte que nous n'avons pas forme d'Etablissemens etablis sur la c6te
nord-ouest au-dessous du 57° de latitude. Cela est vrais, mais dans la saison de la chasse
et de la peche la cote et les eaux avoisinantes sont exploitees par notre Compagnie]
Americaine bien au dela du 55° et du 54° parallele. Ce genre d'occupation est le seul
dont ces parages soient susceptibles, ou du moins le seul qui soit necessaire lorsqu'un peu
plus au nord on a f onde et organise des Colonies. Nous sonimes done pleinement en droit
d'insister sur la continuation d'un benefice que notre commerce s'est assure des 1'annee
1799, tandis que les Compagnies Angloises de la Baie d'Hudson et du Nord-Ouest ont
a peine atteint depuis trois ans le voisinage de ces latitudes, tandis qu'elles n'occupent
encore aucun point qui touche a l'Ocean, et qu'il est notoire que e'est pour l'avenir
seulement qu'elles cherchent a s'y menager* les profits de la chasse et de la peche.
Ainsi nous voulons conserver, et les Compagnies Angloises veulent acquerir. Cette seule
circonstance suffit pour justifier nos propositions. Elles ne sont pas moins conformes
au principe des convenances mutuelles, qui devoit servir de base a, la negociation.
Si Tile du Prince de Galles nous demeure, il faut qu'elle puisse nous etre de
quelque utilite. Or, d'apres le plan de I'Ambassadeur d'Angleterre, elle ne seroit pour
nous qu'une charge et presque un inconvenient. Cette ile, en effet, et les Etablissemens
que nous y formerions, se trouveroient entierenient isoies, prives de tout soutien, envel-
loppes par les domaines de la% Grande-Bretagne et a la merci des Etablissemens Anglois
de la cdte. N ous nous epuiserions en frais de garde et de surveillance dont aucune
compensation n'aliegeroit le fardeau. Un arrangement pareil reposeroit-il sur le principe des convenances mutuelles ?
Nous invoquons.toutefois ce principe avec d'autant plus de justice que 1'Angle-
terre elle-meme a prouve par un acte authentique qu'elle regardoit comme douteux ses
droits sur le territoire dont elle demand e l'abandon. 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 I'etendue de pays comprise entre les Rocky Mountains,
l'Ocean Pacifique, et les possessions Busses. Les litres des Etats-Unis a la souverainete
de ce pays sont done aussi valables que ceux de 1'Angleterre. Oependant, le Cabinet
de Washington a reconnu que nos limites devoient descendre jusqu'au 54° 40'. 11
l'a reconnu par une transaction formelle que nous venons de parapher avec son Pleni-
potentiaire, et cette reconnoissance n'a point pour consequence unique de fortifier nos
argumens, elle nous procure d'autres resultats auxquels nous attachions, avecraison, le
plus haut interet.
Tranquilles de ce cdte, 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 offrons. Deja il existe une difference de pres de quatre
degres entre la demarcation de l'Oukase du 4 (16) Septembre, 1821, et celle que nous
indiquons aujourd'hui. Les Etablissemens des Compagnies Angloises peuvent occuper
cet intervalle. A Test ils peuvent unir les deux c6tes de l'Amerique; 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 afin de lever toute objection,
nous garantissons la libre navigation des fleuves, nous annoncons Touverture du port
de Novo-Archangelsk.
La Bussie ne sauroit pousser plus loin ses concessions. Elle n'en fera pas d'autres,
et elle est autorisee a en attendre de la part de 1'Angleterre; mais encore une fois, elle
ne reclame que des concessions negatives. On ne peut effectivement assez le repeter,
d'apres le temoignage des Cartes les plus recentes, 1'Angleterre ne possede aucun
"Etablissement, ni a la hauteur du Portland Canal, ni au bord meme de l'Ocean, et
la Bussie, 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 lies environnantes. C'est la position dont nous parlions tout a l'heure; nous ne
recherchons aucun ayantage, nous voulons eviter de graves inconveniens.
En resume, M. le Comte, si Ton consulte le droit dans cette negotiation, la Bussie
a celui qu'assurent, d'une part, un consentement tacite, mais incontestable, de Tautre,
une exploitation paisible depuis vingt-cinq ans et qui peut etre consider comme
equivalente a une occupation continue.
Si Ton invoque le principe des convenances mutuelles, la Bussie laisse au de-
veloppement progressif des Etablissemens Anglois, une vaste etendue de cote et de
territoire; elle leur assure de libres debouches; elle pourvoit aux interets de leur
commerce, et pour compenser taut d'offres dictees par le plus sincere esprit de
conciliation, elle se reserve uniquement un point d'appui, sans lequel il lui seroit
impossible de garder une moitie de ses domaines.
De telles vues n'ont besoin que d'etre presentees dans leur vrai jour pour qu'un
sne 35
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,
l'Empereur se plait a le croire, d'obtenir le consentement definitif de 1'Angleterre
a une transaction qui rempliroit nos voeux et nos esperances, en prevenant toute
discussion ulterieure.
Becevez, &c.
(Signe)        nesselrode;
No. 23.
The Duke of Wellington to Mr. G. Canning.—(Received
1
My dear Mr. Canning, London, May 21, 1823.
I SEE that the newspapers have again drawn the publick attention to the Bussian
Ukase; and as it is possible soi&e question may be asked upon it in Parliament, I inclose
you a Memorandum of what passed at Verona, and. stating where you will find the
documents.
Ever yours, &c.
(Signed) WELLINGTON.
Inclosure in No. 23.
Memorandum.
THE Duke of Wellington was instructed to bring the Bussian Cabinet to some
distinct explanation as to the mode in which the differences of opinion on the instrument (the Ukase) may be reconciled.
In consequence of this instruction he gave Count Nesselrode a confidential Memorandum on the 17th October, to which the Count gave an answer on the 28th
November.
Copies of both papers, as well as of a letter from the Duke of Wellington to Count
Lieven of the 28th November on the last mentioned will be found in the Duke's
despatch to Mr. Canning of the 28th November.*
On the 29th November the Duke wrote another despatch to Mr. Canningf stating
that it had been settled that both the papers before sent were to be considered as non
avenus, and that the Bussian Ambassador in London was to address to Mr. Canning
a note in answer to that of the late Lord Londonderry, assuring him of the desire of
the Emperor to negotiate with His Majesty upon the whole question of the Emperor's
claims in North America, reserving them all if the result of the negotiation should
not be satisfactory to both parties.
That which is required then is to get from Count Lieven this note.
May 21, 1823.
No. 24.
Mr. S. Canning to Mr. G. Canning .-—(Received May 27.)
(No. 44.)
Sir, Washington, April 23, 1823.
BY accounts which have reached this country through commercial channels it
appears that a Bussian naval force is actually employed in carrying into effect the
Edict issued by the Court of St. Petersburgh in September 1821 for the purpose of
declaring its pretensions to an exclusive dominion over certain parts of the North
Pacific Ocean and north-west coast of America, and of prohibiting the entry of all
foreign vessels within 100 Italian miles of the territorial limits so claimed. The
inclosed paragraph, taken from the " National Intelligencer " of this morning, contains
the fullest statement which I have yet seen of this circumstance, though it is not
improbable that the American Government may be in possession of more complete
information on the subject, as an officer is understood to have recently arrived overland with despatches from the " Franklin Seventy-Four," stationed in the Pacific.
The correspondence which took place in the spring of last year between the
* No. 15
f No. 16. il
' H"
I
36
Hussian Envoy and Mr. Adams on occasion of the Emperor of Bussia's Edict, and the
prohibitory Begulations of the American Bussian Company, as sanctioned by it, being
notified officially to this Government, was forwarded to your office at the time in one
of my despatches.
Judging from the tone assumed on this subject by the American journals, the
people of the United States would not be found unwilling to support the President in
resisting a continued enforcement of the above-mentioned Edict.
I have, &c.
(Signed) STBATEOBD CANNING.
Inclosure in No. 24.
Extract from the "National Intelligencer" of April 23, 1823.
THE following is a more particular version of the information brought by the
late arrival from the Pacific, that a naval force is enforcing the monstrous pretension
set up by the Government of Bussia to the exclusive use of one half of the whole
Pacific Ocean:—
1 We learn by Captain Gardner at New Bedford, from the Sandwich Islands, that
the brig f Pearl,' Captain Stevens, of Boston, arrived there five days before he sailed
from the north-west coast, having been ordered off by the Bussian officer commanding
at Norfolk Sound. After leaving the port, the ' Pearl' was boarded by the Bussian
frigate ' Apollo,' and documents were presented to Captain Stevens declaring the
Bussian claim to exclusive jurisdiction to extend to latitude 51° north on the northwest coast of America, northward to Behring's Straits, and thence to latitude 47° 50'
north on the coast of Japan, and that all vessels, of whatever nation, caught within
100 Italian miles even of those extensive limits (except in the case of actual distress),
will be subject to confiscation—national vessels not excepted. The jfApollo' was about
to dispatch vessels, and also to proceed down the coast for the purpose of ordering
all vessels off. Two other large Bussian frigates are on their way to the coast."—
Boston Pal.
No. 25.
Ship-owners' Society to Mr. G. Canning.—(Received
o
Sir, New Broad Street, June 11, 1823.
I HAVE been requested by the Committee of this Society to represent to you,
Sir, that considerable alarm has been excited among the owners of ships engaged in
the southern whale fishery by the Order lately issued by His Majesty the Emperor of
Bussia " prohibiting foreign vessels to touch at the Bussian Establishments along the
north-west coast of America from Behring's 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 Behring's 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 100 Italian
miles."
This Committee being aware of the delicacy of the subject, 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 many ships fishing in those seas,
and several others bound thither, and it appears that fears are generally entertained
lest the seizure and confiscation of some of them should take place by the Bussian
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, &c.
(Signed) GEOBGE LYALL,
Chairman of the Committee,
m*
nxmm 37
No. 26.
Mr. S. Canning to Mr. G. Canning.—(Received June 12.)
(No. 47.)
Sir, Washington, May 3, 1823.
THE Bussian 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. Petersburgh for the purpose of enabling him to negotiate an
arrangement of the differences arising out of the claims asserted by the Emperor of
Bussia to an exclusive dominion over the north-west coast of America, and the neighbouring seas as far as the 51st degree of north latitude.- The proposal, I conceive,
to be similar to that which was made by Count Nesselrode to His Majesty's Plenipotentiary at Verona relative to the same object, as it affects Great Britain. The
American Secretary of State, in apprizing me of the communication received from
Baron Tuyll, expressed a desire that I would mention it to His Majesty's Government,
and stating that Mr. Middleton would in all probability 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
Bussia, to empower their Ministers at St. Petersburgh to act in the proposed negociation on a common understanding. He added that the United States had no territorial
claims of their own as high as the 51st degree of latitude, although they disputed the
extent of those advanced by Prussia, and opposed the right of that Power to exclude
their citizens from trading with the native inhabitants of those regions over which the
sovereignty of Bussia had been for the first 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 consideration of His
Majesty's Government, Mr. Adams informed me that he had received an account
similar to that whichjately appeared in the newspapers, and which has already been
forwarded to your Office, of an American trading-vessel having been ordered away
from the north-west coast by the Commander of a Bussian frigate stationed in that
quarter. He did not appear, however, to apprehend that any unpleasant consequences
were likely to result from that occurrence, as it was understood that provisional
instructions of a less exceptionable tenour had been dispatched from St. Petersburgh
in compliance with the representations of foreign Powers.
In bringing under your notice this overture of the American Government,
respecting which I cannot presume to anticipate the sentiments of His Majesty's
Cabinet, I have 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 offered. 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, &c.
(Signed) STBATFOBD CANNING.
No. 27.
Memorandum to be delivered to Mr. Lyall, Chairman of the Ship-owners' Society.
NO doubt is entertained but that British vessels may pursue their usual navigation within the seas mentioned in Mr. Lyali's letter without apprehension of molestation from Bussia.
The warning off of the American vessel took place before notice of the modifications of the Ukase, assurances of which were given to the Government of the United
States in the month of April last, could have reached the Bussian Commander in those
seas. Similar assurances were given to the British Government by the Bussian
Ambassador in September; and the whole subject is now under negotiation at
St. Petersburgh.
Foreign Office, June 27, 1823.
f661] >H
38
No. 28.
Mr. G. Canning to Sir C. Bagot.
(No. 12.)
Sir, Foreign Office, July 12, 1823.
I HAVE the honour to inclose, for your Excellency's information, the copy of
a despatch received from His Majesty's Minister in America upon the subject of
the Bussian Ukase relating to the north-west coast of America, also of a letter from
the Ship-owners' Society upon the same subject, and of a Memorandum of my reply
to that letter.
Your Excellency will observe from Mr. Stratford Canning's despatch that the
Government of the United States are desirous to join with that of His Majesty in
bringing forward some proposition for the definitive settlement of this question with
Bussia. j||i
We have no precise information as to the views of the American Government,
Mr. Bush not having, yet received any instructions 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, it being now
distinctly understood that Bussia waives all her pretensions to the practical exercise of
the rights so unadvisedly claimed, the only question will be as to the mode and
degree of disavowal with which Great Britain and the United States might be respectively satisfied.
Upon this point, therefore, such a concert as the United States are understood to
desire will be peculiarly advantageous; because, supposing the disavowal made, there
is no disposition on the part of His Majesty to press hard upon the feelings of the
Emperor of Bussia, and it would certainly be more easy for His Majesty to insist
lightly on what may be considered as a point of national dignity, if he acted in this
respect in concert with another Maritime Power, than to exact any less degree, either
of excuse for the past or of security for the future, than that other Power might think
necessary.
Great Britain and the United States may be satisfied jointly with smaller concessions than either Power could accept singly, if the demands of the other were likely
to be higher than its own.
I therefore think it best to defer giving any precise instructions to your Excellency on this point until I shall have been informed of the views of the American
Government upon it.
In the meantime, however, you will endeavour to draw from the Bussian Govern-
ment a proposal of their terms, as we should undoubtedly come much more conveniently to the discussion, and be much more likely to concert an Agreement upon
moderate terms with the American Government if a proposal is made to us, than to
agree in originating one which would be satisfactory at once to both Governments and
to Bussia.
The other part of this question which relates to territorial claim and boundary is
perhaps susceptible of a separate settlement; of the two principles on which the
settlement could be made, viz., joint occupancy or territorial demarcation; the latter is
clearly preferable. A line of demarcation drawn at the 57th degree between Bussian
and British settlers would be an arrangement satisfactory to us, and would assign to
Bussia as much as she can pretend to be due to her. Your Excellency will therefore
bring this suggestion forward, and acquaint me how far a formal proposition on this
basis would be agreeable to His Imperial Majesty's Government. The arrangement
might be made, if more agreeable to Bussia, for an expirable period of ten or fifteen
years.
I am, &c.
(Signed) GEOBGE CANNING.
P.S.—July 13. Since this despatch was written I have received from Mr. S.
Canning the despatch of which I inclose a copy, by which your Excellency will learn
that instructions are to be sent to Mr. Bush to enter into discussion here (among
other matters) upon the subject of the Ukase. There is nothing in this communication to vary the instructions herein given to your Excellency.
m g. c.
■KBMPMMP 39
No. 29.
Count Nesselrode to Count Lieven.—(Communicated August 14.)
(Confidentielle.)
(Extrait.) Saint-Peiersbourg, le 26 Juin, 1823.
LES instructions additionnelles envoyees aux officiers de la Marine Imperiale
chargees de la surveillance de nos cotes dans la partie nord-ouest de l'Amerique,
portent nommement:—
1. Que les Commandans de nos batimens 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 c6te; qu'ils ne doivent point etendre cette surveillance au dela
des latitudes sous lesquelles la Oompagnie Americaine a effectivement exerce ses
droits de chasse et de peche, tant depuis 1'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 commerce
frauduleux, et toute tentative de nuire aux interets de la Compagnie en troublant
les parages frequentes par ses chasseurs et ses pecheurs, enfin, de prevenir toute
entreprise dont le but serait de fournir aux naturels du pays, sans le consentement
des autorites, des armes a feu, des armes blanches, ou des munitions de guerre;
3. Que dans ce qui concerne les batimens egares, battus par la tempete, ou
entraines par les courans, les Commandans des vaisseaux de la marine Imperiale
continueront a se conformer aux dispositions du Beglement du 4 Septembre, 1821;
qu'ils s'y conf ormeront de meme a l'egard des batimens qui 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 Etablissemens jusqu'a la portee du canon, sans avoir egard aux interpellations
et declarations que nos officiers lui adresseraient en conformite de ce que leur a
ete prescrit anterieurement; enfin
4. Que ces officiers doivent s'abstenir de toute intervention dans 1'exercice des
fonctions locales du Directeur des Colonies, qui a recu des instructions parfaitement
analogues a celles dont ils ont ete munies eux-rnemes, et qui se trouve revetu du pouvoir
d'un Commandant du Port.
Votre Excellence voudra bien observer que ces nouvelles instructions, qui, dans
le fait, sont de nature a faire suspendre provisoirement I'effet de l'Oukase Imperial
du 4 Septembre, 1821, n'ont ete expediees de St. Petersbourg qu'au mois d'Aout de
l'annee passee ; que par consequent 1'officier qui se trouvait alors en croisiere dans les
parages en question, et le Directeur de nos Colonies, ne pourront les recevoir avant le
mois de Septembre prochain, et que nommement le Capitaine Touloubieff, Commandant
le sloop Busse j§ l'Apollon," ne pouvait en avoir connaissance a 1'epoque de Tincident
rapporte par les journaux Americains.
No. 30.
Mr. G. Canning to Sir C. Bagot.
(No. 17.)
Sir, Foreign Office, August 20, 1823.
COUNT LIEVEN called upon me some days since, and communicated to
me confidentially the inclosed extract of a despatch* which his Excellency had received
from Count Nesselrode upon the subject of the Bussian Ukase of the 4th September,
1821.
Although it is very probable that your Excellency is already in possession of
the facts stated in this paper, I think it right to transmit it to your Excellency lest
it should not yet have come to your Excellency's knowledge.
I considered it expedient to make this communication known to Mr. Bush, the
American Minister in this country, whose Government must naturally be deeply
interested in any resolution which may be adopted by that of Bussia upon this
subject, apprizing Count Lieven that I had done so.
I am, &c.
(Signed) GEOBGE CANNING.
J
* No. 29. Ill
tiiy
III
40
No. 31.
Hi
IP
hU III?
Sir C. Bagot to Mr. G. Canning.—(Received September 23.)
(No. 36.) ^
Sir, St. Petersburgh, August 19 (31), 1823.
COUNT NESSELBODE being upon the eve of setting out to join the Emperor
upon his journey through the interior, and it being probable that he will not return to
St. Petersburgh before the middle of November, I have thought it advisable, even in
the absence of those further instructions, which you lead me to expect in your
despatch No. 12 of the 12th of last month, to apprize him of the probability of
Mr. Middleton and myself being soon instructed to act jointly in negotiating with
him some proposition for the definitive settlement of that part at least of the question
growing out of the Imperial Ukase of the 4th (16th) September, 1821, which regards
the maritime jurisdiction assumed by Bussia in the North Pacific Ocean.
I have been induced to acquaint Count Nesselrode thus early with the fact,
partly with a desire of ascertaining, so far as I could, the manner in which a combined
measure of this kind would be viewed by the Imperial Government; and partly
to ascertain whether his own absence would necessarily delay our negotiations upon
this subject.
In respect to the first of these objects, I am happy in being able to state that the
proposed concert of measures between His Majesty and the United States, so far from
being unacceptable to Count Nesselrode, is considered by him, and principally for the
same reasons which are assigned in your despatch, as the most agreeable mode in which
the question could be brought under discussion.
In regard to the second object, finding that Count Nesselrode received so
favourably my intimation of the course which we were about to pursue, I thought
that I should best learn whether the Bussian Government was prepared to proceed
immediately to negotiation if I suggested to him,-as I did, the facilities which it would
probably afford to all parties if, instead of leaving to His Majesty the perhaps difficult
task of originating a proposition upon the subject, which would be at the same time
satisfactory both to the United States and to Bussia, the Imperial Government
themselves should propose some arrangement for our consideration, which, while it
might protect the legitimate commercial interests of His Imperial Majesty's subjects,
might also effectually save what was the great object of the negotiation—the dignity
and rights both of His Majesty and the other Maritime Powers of the world.
Count Nesselrode received this suggestion exactly as I could have wished, and he
seemed fully sensible of the delicacy shown towards the Imperial Government in
proposing such a course. He said that he thought that he should probably receive His
Imperial Majesty's orders to instruct M. Poletica (who, from his long residence in
America, and his repeated discussions with the Government of the United States upon
the subject, is supposed to be the person here who is most conversant with the whole
question) to prepare, during the absence of the Emperor, such materials as may enable
the Imperial Government, immediately upon the Emperor's return to St. Petersburgh,
to shape some such proposition as that which I had suggested, but he did not give me
any reason to suppose that M. Poletica would be authorized to conclude an arrangement, or that anything could be definitively settled till after his own return.
In the meantime, the American Minister here has not yet received the instructions
referred to by Mr. Stratford Canning in his letter to you of the 3rd May, a copy of
which is inclosed in your despatch No. 12. I have, however, apprized him of the wish
of his Government to act in concert with that of His Majesty in this business, of His
Majesty's readiness to accede to this wish, and of the probability of his receiving, in the
course of a very short time, precise instructions upon the subject. From the few
general conversations which I have had with Mr. Middleton, he does not seem at all
desirous of pressing hardly upon the Imperial Government, and he appears to think
that, if any sufficient public disavowal of the pretensions advanced in the Ukase can be
obtained, his own Government will be perfectly ready to lend themselves to whatever
course may best save the feelings and the pride of Bussia.
Mr. Middleton now tells me, what I was not before aware of, that he had last
year, by the direction of the President, several interviews with Count Nesselrode and
Count Capodistrias upon the subject of this Ukase, and that it was at length agreed
that he should inquire officially what were the intentions of the Imperial Government
in regard to the execution of it, an assurance being previously given that the answer
which he should receive would be satisfactory. Mr. Middleton has been good enough
to furnish me with a copy of this answer, which I now inclose.   As, however, he 41
considers the communication of the paper as personally confidential, I take the liberty
of requesting that no public use may be made of it.
In regard to the second part of this question, that which relates to the territorial
claim advanced by Bussia in respect to the north-west coasts of North America, I
have explained to Count Nesselrode that the United States making no pretension to
territory so high as the 51st degree of north latitude, the question rests between His
Majesty and the Emperor of Bussia alone, and becomes therefore a matter for separate
settlement by their respective Governments.
I have suggested to him that this settlement may perhaps be best made by
Convention, and I have declared our readiness to accede to one framed either upon the
principle of joint occupancy or demarcation of boundary as the Bussian Government
may itself prefer, intimating, however, that in our view the latter is by far the most
convenient. Count Nesselrode immediately and without hesitation declared himself to
be entirely of that opinion, and he assured me that the chief if not the only object of
the Imperial Government was to be upon some certainty in this respect.
This conversation took place before I had received your private letter in cypher of
the 25th of last month, which reached me on the 11th instant by post. I had
however, taken upon myself to abstain from bringing forward any suggestion that the
territorial arrangement should be made for an expirable period, as I thought it
possible that such an arrangement might, in the end, be found to be inconvenient, and
as it appeared to me that it was a proposition which I should at all events reserve for
a later period of the discussion, when it might, in case of difficulties, be found an
useful instrument of negotiation.
In a second interview which I have had with Count Nesselrode upon the subject
of this separate negotiation, I told him that our pretensions had, I believed, always
extended to the 59th degree of north latitude, but that a line of demarcation drawn at
the 57th degree would be entirely satisfactory to us, and that I believed that the
Bussian Government had in fact no Settlements to the southward of that line. I am
not, however, quite sure that I am right in this last assertion, as the Bussian
Settlement of Sitka, to which I am told that the Bussian Government pretends to
attach great importance, is not laid down very precisely in the Map published in 1802
in the Quartermaster-General's Department here, or laid down at all in that of
Arrowsmith, which has been furnished to me from the Foreign Office. Be this,
however, as it may. Count Nesselrode did not appear to be at all startled by the
proposition. He said that he was not enough acquainted with the subject to give an
immediate answer to it, but he made a Memorandum of what I said, and I hope
shortly to be able to ascertain how far this Government may be inclined to accept a
more formal proposition founded upon this basis.
I have, &c.
(Signed) CHABLES BAGOT.
P.S.—Since writing the above I have again seen Count Nesselrode, who has
informed me that he has received the Emperor's commands to put M. Poletica in
direct communication with Mr. Middleton and myself upon the subject of that part
of the Ukase in which it is proposed that we should act conjointly whenever
Mr. Middleton shall have received the instructions which he expects from his
Government.
C. B.
Inclosure in No. 31.
Count Nesselrode to Mr. Middleton.
St. Petersbourg, ce
LE Soussigne, Secretaire d'Etat, dirigeant le Ministere des Affaires Etrangeres,
s'est empresse de mettre sous les yeux de l'Empereur la note que Mr. Middleton,
Envoye Extraordinaire et Ministre Pienipotentiaire des Etats-Unis d'Amerique, lui a
adressee le 27 Juillet, afin de rappeler Tattention du Ministere Imperial sur la
correspondence qui a eu lieu entre |Envoye de Bussie a Washington et le Gouvernement des Etats-Unis, concernant certaines clauses du Beglement emane le 4 (16)
Septembre, 1821, et destine a proteger les interets du commerce Busse sur la c6te
nord-ouest de l'Amerique Septentrionale.
Anime du desir constant de maintenir dans toute leur integrite les relations
[661] M
1 er    A ntf m
42 p
amicales qui subsistent entre la Cour de Bussie et le Gouvernement des Etats-Unis,
l'Empereur s'est plu a prevenir les vceux que viennent de lui etre temoignes. Deja
depuis un mois M. le General-Major Baron de Tuyll, nomme au poste qu'occupoit
M. de Poletica, a recu l'ordre de poursuivre, immediatement apres son arrivee a
Washington, la tache importante que son predecesseur auroit egalement remplie, si
l'etat de sa sante lui avoit permis de prolonger son sejour en Amerique.
Ne doutant pas des dispositions amicales que le Gouvernement Americain
apportera aux negotiations que le General Tuyll va ouvrir; et assure d'avance que
par une suite de ces memes negotiations les interets du commerce de la Compagnie
Busse-Americaine seront preserves de toute lesion, l'Empereur a fait munir les
vaisseaux de la marine Imperiale qui font et feront la croisiere sur la c6te nord-ouest
des instructions les plus analogues au but que les deux Gouvernemens aimeront a
atteindre par des explications dirigees de part et d'autre, dans un esprit de justice, de
concorde, et d'amitie.
En ecartant ainsi de son c6te toute chance qui auroit pu mener aux voyes de fait
que le Gouvernement Americain semble apprehender de loin, Sa Majeste Imperiale se
plait a esperer que le President des Etats-Unis adoptera successivement des mesures
que sa sagesse lui montrera comme les plus propres a rectifier toutes les erreurs
accreditees par une malveil lance qui cherche a denaturer les intentions et a
compromettre les rapports intimes des deux Gouvernemens.
Du moment ou la marine et le commerce des Etats-Unis seront convaincus que
Ton s'occupe respectivement des questions qui se sont elevees au sujet du Beglement
du 4 (16) Septembre, dans la ferme resolution de les decider d'un commun accord,
sous les auspices du bon droit et d'une amitie inalterable; des ce moment, la
surveillance dont se trouvent charges, en vertu des nouvelles instructions, les vaisseaux
de la marine Imperiale, qui se rendront sur le nord-ouest d'Amerique, ne sauroit
jamais motiver de facheuses complications.
C'est en se livrant a cette certitude que Mr. Middleton voudra bien sans doute
partager, qu'il ne reste plus au Soussigne qu'a ajouter aux. communications qu'il a eu
ordre de faire en reponse a la note du 21 Juillet l'assurance de sa consideration tres
distinguee.
(Signe)
NESSELBODE.
No. 32.
Sir C. Bagot to Mr. G. Canning.—(Received November 17.)
(No. 48.    Confidential,)
Sir, St. Petersburgh, October 17 (29), 1823.
MB. HUGHES, the American Charge 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 Government upon the subject of* the
Imperial Ukase of the 4th September, 1821, and. upon the concert of measures
which the United States are desirous of establishing with Great Britain in order
to obtain a disavowal of the pretentions advanced in that Ukase by this country.
As Mr. Hughes was the bearer of instructions upon the same subject to the
American Minister in London, I may, I am aware, presume that Mr. Bush will
have already communicated to you the view taken of this question by the United
States, and I think it probable that you may have already anticipated this despatch
by framing for my guidance such further instructions as, under that view, it may
be thought necessary that I should receive. It may, nevertheless, be very desirable
that I should lose no time in reporting to you the substance of some conversations
which Mr. Middleton 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 communicated to me the instructions which
he has 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 51st degree of north latitude, and no territorial
interest in the demarcation of boundary between His Majesty and the Emperor
of Bussia 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 43
the 61st 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
by the American Government that, in virtue of the Treaty of Washington, by
which the Floridas were ceded by Spain to the United States, the latter are become
possessed of all claims, whatever they might be, which Spain had to the northwest coasts of America, north of the 42nd 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 Bussia (as, indeed, appears by the declaration of Count Elorida Blanca,
and as it would, perhaps, yet more clearly appear by reference to the archives of the
Eoreign Department here) disclaimed all intention of interfering with tile pretensions
of Spain, and, consequently, all pretensions to territory south of the 61st degree, and
that, therefore, any division of the coast lying between the 42nd and 61st degrees ought
in strictness to be made between the United States and Great Britain alone.
Mr. Middleton, however, admits that the United States are not prepared to push
their 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 by his Government 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.
BAssuming, upon these grounds, their right to a share in the division, the United
States, it seems, desire that, the division being made, the three Powrers should enter
into a joint Convention mutually to grant to each other, for some limited period,
-renewable at the pleasure of the parties, the freedom of fishery and of trade with the
natives, and whatever other advantages the coasts may afford; and Mr. Middleton has
confidentially acquainted me that he has in fact received from his Government the
"projet" of a tripartite Convention to this effect, and he has communicated 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 Bussia.
As neither the instructions nor the powers which I have received in regard to
this question were framed in contemplation of any such pretension as that which is
now put forward by the American Government, I have explained to Mr. Middleton
how impossible it is for me to proceed further with him in the business until I shall
have received fresh instructions from you, and I have, with his knowledge, informed
M. Poletica that I must, for the present, suspend the conferences (upon the territorial
part of the question at least) into which he and I had already entered.
I cannot disguise from myself that, judging from the conversations w^hich I have
had, both with Count Nesselrode and M. Poletica, upon the general subject of the
Ukase, these new, and, I must think, unexpected pretensions of the United States are
very likely to render a satisfactory adjustment of the business a matter of more
difficulty than I at first apprehended.
A full disavowal by Bussia of her pretension to an exclusive maritime jurisdiction
in the North Pacific Ocean will, I have no doubt, be obtained; but 1 am strongly
inclined to believe that this Government will not easily be brought to acknowledge
the justice of any claim of the United States to any part of the territory in question
north of the 51st degree, and, I am still more strongly inclined to believe, that a
division once made, this Government will never permit the United States, if they can
prevent it, either to fish, settle, or trade with the natives within the limits of the
territory which may be allotted to Bussia.
I take this opportunity of inclosing to you a copy of the note which I received
from Count Nesselrode the day before he left St. Petersburgh, acquainting me that
the Emperor had appointed M. Poletica to enter into preliminary discussion with
Mr. Middleton and myself, upon the different questions growing out of the Ukase.
As it appeared by this note that M. Poletica was not empowered to treat, or
indeed to pledge his Government to any precise point, I have abstained from entering
with him as fully into the matter as I should have done had his powers been more
extensive.
I had, however, two conversations with him previously to Mr. Middleton's receipt of
his last instructions, upon the subject of territorial boundary as it regarded ourselves,
and I then gave him to understand that the British Government would, I thought, be
satisfied to take Cross Sound, lying about the latitude of 57-J°, as the boundary between
the two Powers on the coast, and a meridian line drawn from the head of Lynn Canal,
as it is laid down in Arrowsmith's last Map, or about the 135th degree of west
longitude, as the boundary in the interior of the continent. 44
!
'1
M. Poletica, not being authorized to do more than take any suggestion of this
land ad referendum, I am of course not yet able to inform you, as I am instructed to
do by your despatch No. 12, how far a more formal proposition on this basis, or on
the basis of a line drawn at the 57th degree, as suggested in that despatch, might
he agreeable to the Imperial Government. M. Poletica seemed to suggest the
55th degree as that which, in his opinion, Bussia would desire to obtain as her
boundary; and he intimated that it would be with extreme reluctance that Bussia
would, he thought, consent to any demarcation which would deprive her of her
Establishment at Sitca, or rather at Novo-Archangelesk.
| Still, I should not altogether have despaired of inducing this Government to
accept Cross Sound as the boundary; and though I am aware that in suggesting this
point I put in a claim to something more than I am instructed to do in your despatch
above referred to, I thought that it might be for the advantage of the negotiation if
I reserved the proposition of the 57th degree to a later period of it, and, judging from
the Map, it appeared to me that it might be 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 settlement of
boundary, seems necessarily 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 learnt the opinion of His Majesty's Government upon
the pretensions advanced in those instructions by the United States.
(Signed)        ' CHABLES BAGOT.
ni
t in
Inclosure 1 in No. 32.
Full Powers to Mr. Middleton.
JAMES MONBOE, President of the United States of America.   To all to whom
these presents may come, greeting :
Know ye that reposing special trust and confidence in the integrity, prudence,
and abilities of Henry Middleton, Envoy Extraordinary and Minister Plenipotentiary
of the United States at the Court of His Imperial Majesty the Emperor of All the
Bussias, I have invested him with full and all manner of power, for, and in the name
of the United States to meet and confer with any person or persons furnished with
like powers on the part of His said Imperial Majesty, and with him or them to
negotiate and conclude a Convention or Conventions, Treaty or Treaties, of and
concerning the commerce and navigation of the two countries ; of and concerning
their respective rights and claims in respect to navigation, fishery, and commerce on
the north-west coast of America, and the ocean and islands thereto adjoining or appertaining ; of and concerning the abolition of the African Slave Trade; and of and
concerning the principles of maritime war [and neutrality. And I do further invest
him with full power also to meet and confer on the said subjects with any person or
persons furnished with like powers on the part of His Majesty the King of the United
Kingdom of Great Britain and Ireland; and with the said Bussian and British
Plenipotentiaries jointly, to conclude a Treaty or Treaties, Convention or Conventions,
In relation to the respective rights and claims of the three Powers in, and to, the said
navigation, fishery, commerce, and territorial possessions on the said north-west coast
of America, and adjoining ocean and islands, or in relation to the abolition of the
African Slave Trade ; or in relation to the principles of maritime war and neutrality ;
he, the said Henry Middleton, transmitting any and every such Convention or Treaty,
whether concluded jointly with British and Bussian, or severally with Bussian Plenipotentiaries, to the President of the United States for his ratification, by and with
the advice and consent of the Senate of the United States, if the same shall be given.
In testimony whereof I have caused the seal of the United States to be hereunto
affixed.
Given under my hand at the City of Washington, the 29th day of July, a.d. 1823,
and of the Independence of the United States of America the forty-eighth.
(Signed) JAMES MONBOE.
By the President,
(Signed) John Qxtinov Adams,
Secretary of State. 45
Inclosure 2 in No. 32.
Count Nesselrode to Sir C. Bagot.
M. l'Ambassadeur, St. Petersbourg, le 22 Aout, 1823.
EN quittant St. Petersbourg, l'Empereur m'a charge d'annoncer a votre
Excellence que, m'ayant donne ordre de la suivre dans son voyage, elle avoit autorise
M. le Conseiller d'Etat Actuel de Poletica a entamer avec vous, M. l'Ambassadeur, des
pourparlers relatifs aux differends qui se sont eieves entre la Bussie et 1'Angleterre, a
la suite du nouveau Beglement donne a la Compagnie Busse-Americaine par l'Oukase
de Sa Majeste Imperiale en date du 4 (16) Septembre, 1821.
Ces pourparlers auront pour but de preparer les voies a l'ajustement definitif de
ces differends, et je ne doute point qu'ils ne facilitent ce resultat si vivement desire par
l'Empereur. |Ejj
Je saisis, &c.
(Signe) NESSELBODE.
No
• OO.
Ship-owners' Society to Mr* G. Canning.—(Received November 24.)
Sir, New Broad Street, November 19, 1823.
IN the month of June last you were pleased to honour me with an interview on
the subject of the Bussian Ukase prohibiting foreign vessels from touching at or
approaching the Bussian Establishments along the north-west coast of America therein-
mentioned, when you had the goodness to inform me that a representation 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 informed, on
what I considered undoubted authority, that the Bussian Government had consented
to withdraw that unfounded pretension.
The Committee of this Society being about to make their Annual Beport to the
ship-owners at large, it would be satisfactory to them to be able to state therein that
official advices had been received from St. Petersburgh that the Ukase had been
annulled; and should that be the case, I have to express the hope of the Committee to
be favoured with a communication from you to that effect.
I have, &c.
(Signed) GEOBGE LYALL, Chairman.
1823,
No. 34.
Mr. G. Canning to Count Lieven,
(Private and Confidential.)
My dear Count Lieven, Foreign Office, November 25
I HAVE received the inclosed letter from the Ship-owners' Society ; my answer
to it must be in writing, and not long after it will be in print.
I wish, therefore, that you should 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 any remark that may occur to you, returning also Mr. Lyall's letter.
I have, &c.
(Signed) GEO. CANNING.
No. 35.
Count Lieven to Mr. G. Canning.—(Received November     .)
(Particuliere et Confidentielle.)
Mon cher M. Canning, Ashburnham House, le 26 Novembre, 1823.
JE vous suis infiniment reconnaissant de la communication que vous avez bien
voulu me faire.    En vous restituant ci-pres les deux annexes jointes a votre lettre, et
en me prevalant de la permission que vous, avez eu la bonte de me donner, je prends la
[661] N
WM
tami if
HI
46
liberte de vous observer: qu'il serait desirable que le passage marque au crayon
dans la Minute de votre reponse fut substitue par l'annonce, "que les nouvelles
instructions donn£es aux Commandants des croisieres Busses sont congues dans l'inten-
tion de prevenir les voies de fait entre les vaisseaux Busses et ceux des autres nations,
et qu'en general elles peuvent etre considerees comme de nature a faire suspendre
provisoirement l'effet de l'Ukase Imperial du 4 Septembre, 1821."
Je crois que par ces expressions l'objet de tous serait egalement atteint.
Veuillez, &c.
(Signe) LIEVEN.
No. 36.
Foreign Office to Ship-owners' Society.
Sir, Foreign Office, November 26, 1823.
I AM directed by Mr. Secretary Canning to acknowledge the receipt of your letter
of the 19th instant expressing a hope that the Ukase of September 1821 had been
annulled. .
Mr. Canning cannot 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,
embracing, 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. Petersburgh to their Naval Commanders calculated to prevent any
collision between Bussian ships and those of other nations, and, in effect, suspending
the Ukase of September 1821.
I am, &c.
(Signed) F. CONYNGHAM.
No. 37.
Mr. G, Canning to Sir C. Bagot.
(No. 2.)
Sir, Foreign Office, January 15,1824.
A LONG period has elapsed since I gave your Excellency reason to expect
additional instructions for your conduct in the negotiation respecting the Bussian
Ukase of 1821.
That expectation was held out in the belief that I should have to instruct you to
combine your proceedings with those of the American Minister; and the framing
such instructions was, of necessity, delayed until Mr. Bush should be in possession of
the intentions of his Government upon the subject.
Upon receipt of your Excellency's despatch No. 48, reporting the arrival of
Mr. Hughes at St. Petersburgh, with the instructions of the Government of the United
States to Mr. Middleton, I applied to Mr. Bush for information as to the tenour of
those instructions. I then found, what I had not before been led to suspect, that
Mr: Bush had himself authority to enter into negotiations with us as to the respective
claims of Great Britain and the United States on the north-west 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 conducted at St. Petersburgh.
It seemed, however, that it would greatly facilitate your Excellency's task at
St. Petersburgh if we could come to some satisfactory understanding with Mr. Bush
on the principles and leading points of the negotiation, and that, at all events, it was
advisable to ascertain so much from Mr. Bush 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 with Bussia into one.
Such a combination had indeed already been proposed by us with respect to so
much of our respective discussions with Bussia as turned upon the maritime
pretension of the Bussian Ukase. But that proposal had not been made in contemplation of the territorial question to which the pretensions of the United States have
given a. new and complicated character.
The object in applying jointly to Bussia for a disavowal or qualification of her
maritime pretension was at once to simplify and to soften to Bussia that act of
qualification or disavowal, by enabling Bussia to satisfy both Powers at once, without
iiyuifc 47
special and separate concession. But as, in the question of territorial limits, Bussia,
at whatever point her pretensions might be stopped, could have but one of the two
Powers for her neighbour, there did not seem to be any obvious advantage in bringing
both to bear upon her together in the settlement of those limits.
It is true that as, while we confine upon the Bussian territory to the north, we
also confine 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 simultaneous, especially as we have already a
Convention subsisting with the United States which suspends the necessity of any
definite settlement with that Government for five years yet 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 Bussia and the United States, or should be instructed to pursue
that negotiation with Bussia singly, according to the tenour of your present powers,
was a question to be determined in a great measure by the more or less probability of
a satisfactory 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 Bussia, an arrangement may be agreed upon which will
satisfy the wishes and secure the convenience of both parties by a line of demarcation
to be drawn between the southernmost Settlement of Bussia and the northernmost
post of the North-West Company.
The most southern Establishment of Bussia on the north-west coast of America is
Sitka, which is not laid down in our latest Maps with sufficient exactness, but which
appears by the Bussian 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 Excellency
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 Archipelago, »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 Bussians 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 any 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 comprehend Sitka
and all. the Bussian Settlements upon the islands. If this agreement could be
obtained, it would effectually prevent all danger of a collision with Bussia ; 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 Bussia or of Great Britain, in the
latitudes in which the claims of Great Britain and Bussia come in contact, the
intervention of the United States in such an arrangement could be necessary only as
an Umpire.
Such an intervention in this case is not likely to be required, on account of an
irreconcilable conflict between Great Britain and Bussia; nor would a Power whose
pretensions are (theoretically^at least) in conflict with both parties be the fittest for
such an office.
Your Excellency's despatch No. 48 describes latitude 55° as the point at which
M. Poletica appeared to wish that the line of demarcation between Bussia and Great
Britain should be drawn. By a Memorandum which I have received from Mr. Bush
of what his Government would propose as a general settlement, it appears that
latitude 55° is the point which the United States likewise have proposed for that
same line of demarcation.
This coincidence certainly argues either a foregone understanding between Bussia
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 Bussia.
When to this statement I add that the United States propose, according to the
aforesaid Memorandum of Mr. Bush, to draw the line of demarcation between themselves and Great Britain at latitude 51°, the point at which the Bussian 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 Bussia themselves, and to gratify Bussia at the expense of Great Britain.    There
M
n
»> :
iii ii
48
is obviously no great temptation to call in such an Arbiter, if the partition between
Bussia and ourselves can be settled, as no doubt it can, without arbitration.
By admitting the United States to our negotiation with Bussia, we should incur
the necessity of discussing the American claim to latitude 51° at the same time that
we were settling with Bussia our respective limits to the northward.
But the question of the American claim is for the present merged in the Convention of 1818 ; and it would be a wanton increase of difficulties to throw that Convention
loose, and thus to bring the question which it has concluded for a time into discus-
sion precisely for the purpose of a coincidence, as embarrassing as it is obviously
unnecessary.
If Bussia, being aware of the disposition of the United States to concede 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 belonging to the three Powers; and
that the Convention now subsisting between us and the United States gives that joint
occupancy reciprocally to us in the territory to which both lay claim.
To this principle it is understood the Bussian 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 abandon it, at least for the
term for which the Convention of 1818 has to run. There would be some awkwardness
in a tripartite negotiation which was not to be conducted and concluded in all its
parts upon an uniform principle.
These reasons had induced us to hesitate very much as to the expediency of
acceding to the proposition of the United States for a common negotiation between
the three Powers; wrhen the arrival of the Speech of the President of the United
States at the opening of the Congress supplied another reason at once decisive in
itself, and susceptible of being stated to Mr. Bush with more explicitness than those
which I have now detailed to your Excellency, I refer to the principle declared in
that Speech, which prohibits any further attempt hy European Powers at colonization
in America.
Upon applying to Mr. Bush for an explanation of this extraordinary doctrine, I
found him unprovided 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 Convention of 1818, by.which we and the United
States hold for a time joint occupancy and common enjoyment of all the territory on
the north-west coast of America above latitude 42°.
It was obviously the impression on Mr. Bush's mind that this pretension on the
part of his Government was intended as a set-off against the maritime pretension of
the Bussian Ukase.
I do not mean to authorize your Excellency to report this construction at
St. Petersburgh as that of the American Minister, but you will have no difficulty in
stating it as one to which 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 subject not so much of practical adjustment as of reciprocal disavowal.
Mr. Bush 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 my
desire to pursue the course already begun of a separate negotiation at St. Petersburgh
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 Excellency to resume your
negotiation with the Court of St. Petersburgh at the point at which it was suspended
in consequence of the expected accession of the United States, and to endeavour to
"bring it as speedily as possible to an amicable and honourable conclusion.
The questions at issue between Great Britain and Bussia are short and simple.
The Bussian Ukase contains two objectionable pretensions: first, an extravagant
assumption of maritime supremacy; secondly, an unwarranted claim of territorial
dominion. 49
As to the first, the disavowal of Bussia 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 Bussia herself than have the air of pretending to dictate them; you will therefore urge Count Nesselrode to furnish you with his notion of such a declaration on
this point as may be satisfactory to your Government. That declaration 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 situated from the island to the eastward of it, or if the Bussians have establishments on that island also, then through
the channel called I Stephen's Passage," which separates the whole archipelago from
the mainland.
If one or the other of these channels cannot be obtained as the boundary, then
the line must be drawn on the mainland to the north of the northernmost post
of the North-West Company from east to west till it strikes the coast, and thence
may descend to whatever latitude may be necessary for taking in the island on which
Sitka stands.
It does not appear from your Excellency's despatch how far the line proposed by
M. Poletica to be drawn at latitude 55° was intended to run to the eastward. If to the
Bocky Mountains it, obviously, would be wholly inadmissible by us, inasmuch as the
communication of the North-West Company from Canada through those mountains
with the whole of the north-west country is in a higher latitude than 55°.
Neither has Bussia any claim whatever to any inland territory approaching that
latitude. She has no occupancy inland. Mr. Pelly's Beport denies that she has any
even on the coast. And it is to the coast alone that discovery could, in the nature of
things, give any title.
It is absolutely essential, therefore, to guard against any unfounded pretension,
or any vague expectation of Bussia to the eastward, and for this purpose it is necessary
that whatever degree of latitude be assumed, a definite degree of longitude should also
be assigned as a limit between the territorial rights of the two Powrers.
If your Excellency can obtain the strait which separates 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 lowrest point of unquestioned
Bussian discovery. But if that were too much to insist upon, the 135th degree
of longitude, as suggested by your Excellency, northward from the head of Lynn's
Harbour, might suffice.
It would, however, in that case, be expedient to assign, with respect to the mainland southward of that point, a limit, say, of 50 or 100 miles from the coast, beyond
which the Bussian posts should not be extended to the eastward. We must not on
any account admit the Bussian territory to extend at any point to the Bocky
Mountains. By such an admission, we should establish a direct and complete interruption 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 Biver.
As your Excellency had already made so much way in previous discussion, it is to
be hoped that, on resuming the negotiation, very little time need be required to bring
it to a conclusion.    It is extremely important to conclude it as quickly as possible.
It being once decided not to negotiate jointly with the United States, we must
take care to be out of the way while the discussions between Bussia and the United
States are going on; and the example of having come to agreement with us promptly
and amicably on both points of litigation wTould, perhaps, be not less valuable to Bussia
in her subsequent discussions with the United States, than would have been the
facility which we had in contemplation for Bussia when we originally proposed that
her disavowal of the maritime principle should be addressed simultaneously to us both.
At that time our claim to such disavowal and the claim of the United States were
precisely alike; Bussia had nothing to plead against either of us as a compensation
for those claims. 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 Bussia 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 Bussia, to return an answer common to us both; but,
as things stand now, Bussia 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 inter-
;[661] O
vmm 1
fj
1/
It
!     •! 1 j
II
50
f ering with, or even taking cognizance of, the negotiation between us and Bussia would
be in order to see that the pretensions on the north-west coast of America derived to
the United States from Spain, through the Treaty of 1819, were not prejudiced by our
separate Agreement.
That object cannot be more effectually provided for than by inserting into our
Convention with Bussia, as a protection for the claims of the United States, that part
of the Illrd Article of the Convention concluded by us with the United States in
1818 which was inserted in that Convention 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 Nesselrode; and you will apprize Mr; Middleton of
your intention of proposing that insertion.
I am, &c.
(Signed) GEOBGE CANNING.
Inclosure 1 in No. 37.
Hudson's Bay Company to Mr. G. Canning.
Sir, Hudson's Bay House, London, January 8, 1824.
IN reference to the conversation which I had the honour of having with you on
Monday last, I beg to call your attention to my letter of the 25th September, 1S22,
on the subject of the trading stations of the Hudson's Bay Company in the countries
on the north-west coast of America.
In addition to what is therein stated, I have to inform you that it appears, by the
intelligence received this last season, that our traders are extending their posts still
farther to the northward in the country to the west of the Bocky Mountains.
It may be proper for me also to mention, that the Hudson's Bay Company have
a chain of trading posts on the McKenzie's Biver as far north as about 67° north
latitude, 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 Bussian station called j Sitka " is an island, and can give no claim hy occupation to any part of the continent. But, even if they had stations on the sea coast
of the continent, this could not be held to give to Bussia a better claim to a southern
boundary on a line of latitude eastward than our stations in 67° north latitude gives
to Great Britain to one on a line of latitude westward.
From a want of accurate knowledge of the courses of the rivers or ranges of
mountains, it is difficult to suggest any satisfactory boundary in the interior of the
country in question, and (if consistent with your views) it might, perhaps, be sufficient
at present 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
the range of the mountains, which separate the waters which fall into the Pacific
from those which flow 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 point at which the coast boundary ought to be fixed.*) This is but
a little (if at all) to the north of the most northern trading station in the country to
the west of the Bocky Mountains.
The islands lying to the west of Chatham Straits may be given to Bussia; but the
Bussians 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 proper 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 continuation of the range called the Bocky 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
Bussia with regard to the interests of the British fur trade, and it would be desirable,
as the means of preventing the risk of collision between the traders of the two nations,
pass
li «R 51
if Mount Elias on* the coast at 60° north latitude was taken as the boundary point,
from whence the line of longitude should be drawn.
I have, &c.
(Signed) J. H. PELLY.
Inclosure 2 in No. 37.
Memorial relating to the North-West Coast of America.
THE principal Settlements of the Bussian Fur Company in the North Pacific
Ocean are on the Aleutian or Fox Islands, the Island of Kodiak being the great
entrep6t or magazine of the peltries, which a.re collected in the neighbouringislands
and from Cook's Inlet, Prince William's Sound, where, however, it does not appear
the Bussians have establishments inland, but the furs are collected by a coasting
trader in the " baidarkat " or canoes.
Mr. G. S. Langsdorff, who accompanied Captain Krusenstern in his voyages in the
years 1803, 1804, 1805, 1806, and 1807, in giving an account of the fur trade, gives
the following statement and history of the Settlement of Lichta:—
P The constant decrease in the number of sea otters upon the coast of Kamschatka induced the Bussians to extend their possessions eastward, first to the islands
between the coast of Asia and America, and finally to the north-west coast of
America.
| Norfolk Sound appearing to present a favourable spot for an establishment,
it was considered expedient to take possession of it. A fortress, with proper warehouses and dwelling-houses, were built After a time, the natives rose upon the
Bussians and killed almost the whole party. In the year 1804, the Director, M. de
Bosanoff, again took possession of it with a large force, building a fortress, and giving
it the name of Kerr Archangel.
If present occupation gives to a Government the right of possession, the
occupancy of Norfolk Sound could not give to Bussia a claim to the coast bordering
on the islands or the interior mainland, and it does not appear that Bussia has any
ports or Settlements on the north-west coast of America which could give to Bussia
any right of claim to the country by present occupancy, except at a Settlement called
Badego, which is on the coast of New Albion, in latitude 38° 30'.
The country of New Albion is covered with oak-ash pine timber of large
dimensions, fit for ship-building, and on the coast of California a very fine description
of hemp is found. The land is capable of the highest state of cultivation, producing
excellent wheat, potatoes, hemp, and all kinds of vegetables.
The Bussians build vessels of large burthen at their Settlement, and, under the
pretext of encouraging the fur trade, have encroached so far south; and in the year
1805, they sent a M. de Besankoff to negotiate with the Spanish Government for
permission to form an establishment in New California, which negotiation, however,
failed.
The Prussian Government have, however, never lost sight of this place, and it is
supposed are endeavouring to purchase the Californias from Spain ; the possession of
which would not only enable the Bussian Government to form a naval arsenal in the
Pacific, and, under the pretext of encouraging the fur trade, to form a hardy race of
seamen and bold adventurers, but would give to that Government the power of
interfering with the liberties of South America.
Bussia can have no claim to the country of New Albion by the right of first
discovery. This right is claimed by Great Britain and Spain, but from various
authorities it belongs, beyond a doubt, to Great Britain, which it would be of great
importance to establish, should Spain have ceded this country to Bussia.
In the year 1574, Abraham Artilius, the geographer of the King of Spain,
acknowledged that the north-west coast of America was quite unknown, and a few
years after this declaration, Queen Elizabeth sent Sir Francis Drake on an expedition
round Cape Horn, which he named Queen Elizabeth's Foreland, and he sailed as high
as 48°, if not higher, landing at different places, and taking possession of the country,
which he called New Albion, and which has been so named ever since.
It would thus appear the Bussians have no claim to the coast, or to the mainland
on the north-west coast of America, except to the land about Bodega, either by present
* Qg. or. J
TP
ill
62
occupancy or from first discovery, the land, which Icherikoff made in 1741, being the
coast of Norfolk Sound, an island, and divided from the mainland by a broad channel,
and as it does not appear that Bussia has anywhere establishments or posts on the
north-west coast of America lower than Prince William's Sound, except Bodega, which
could give her the claim to present occupancy.
Great Britain has, however, establishments of posts up to 37°, trading with
Indians, to the northward, and a post on Mackenzie's Biver as high as 676, which are
increasing by expeditions of discovery, and it may fairly, and with great reason, be
hoped that Captain Franklin, in his expedition, will discover and take possession, if no
Treaty to the contrary is made, of all the coast and country to the westward of
Mackenzie's Biver as far as Icy Cape.
No. 38.
Mr. Enderby to Board of Trade.
Sir, W -H       Paul's Wharf, February 7,1824s.
AFTEB the long and patient audience you admitted Mr. Mellish and myself to
on the 5th instant I hope you will pardon my intruding on you by letter on the subject
of nations claiming boundary-lines of waters to prevent their Colonies being interfered
with.
Previous to the Convention which was concluded with Spain in 1790 Mr. Pitt
sent to desire I would call on him at the Treasury, which I did; he asked me how near
the coast of Spanish America in the Pacific Ocean we fished for whales. I answered,
frequently within 3 sea leagues. Mr. Pitt said he could not ask for such a short
distance from the Spanish Colonies on the coast of the Pacific Ocean, where all their
most valuable gold and silver mines are placed, as they would be great objects for illicit
trade, and that Spain was very jealous of any foreign intercourse with their most
valuable Colonies. Mr. Pitt said he believed Spain would be satisfied with a boundary-
line of 10 sea leagues from the coast, which I acceded to in behalf, of the adventurers
in the whale fishery:
As I conclude that a boundary-line of waters in the North Pacific Ocean will be
agreed to between Great Britain and Bussia, I hope I may be pardoned suggesting
that there ought not to be any boundary-line in entering into Behring's Straits for the
purpose of fishing or of attempting to find a passage through. Behring's Straits are
very narrow in all parts, and it would be almost impossible to fish in those straits
without being daily within 5 or 6 leagues from the Bussian Colonies on the eastern
coast of the straits.
All I ask is that we may be protected in all our fair pursuits and enterprizes in
killing whales, seals, and other amphibious animals, and in exploring and navigating
the most distant and unknown parts of the oceans in search of islands not colonized
without control from any foreign Power.
I have, &c.
(Signed) SAM. ENDEBBY.
No. 39.
Sir C. Bagot to Mr. G. Canning.— (Received April 13.)
(No. 23.)
Sir, St. Petersburgh, March 17 (29), 1824.
IT is with a feeling of considerable disappointment that, after a constant negotiation for more than six weeks, after having gone to the utmost limit of your
instructions—and after having taken upon myself to go even far beyond them—I
should nevertheless have to acquaint you that I have entirely failed in inducing the
Bussian Government to accede to what I consider to be a fair and reasonable adjustment of our respective pretensions on the north-west coasts of North America, or to
the adoption of any line of territorial demarcation which appears to me to be recon-
cileable, under the spirit of your instructions, with our legitimate interests in that
quarter of the world.
In order that I may put you in complete possession of the whole course of my
negotiation upon this subject, and may explain the precise grounds upon which I have
felt myself compelled to suspend, fur the present, all further proceedings in this 53
business, it will, I fear, be necessary that I should enter into, a detail of some length,
and that I should load this despatch with several papers which are now become of
importance.
It was on the 16th of last month that I had my first conference upon this question
with the Bussian Plenipotentiaries, Count Nesselrode and M. Poletica. I opened this
conference by explaining to the Plenipotentiaries the reasons for which His Majesty
had judged it advisable to treat separately upon this matter, rather than, as it had
been originally intended, in concert with the Government of the United States. I
then laid before them Count Lieven's note to you of the 31st January, 1823, proposing
that the question of strict right should be provisionally waived on both sides, and that
the adjustment of our mutual pretensions should be made upon the sole principle of
the respective convenience of both countries.
This basis of negotiation being willingly accepted by all parties, I stated that, so
far as I understood the wishes and interests of Bussia, her principal object must be to
secure to herself her fisheries upon the islands and shores of the north-west coasts of
North America, and the posts which she might have already established upon them;
that, on the other hand, our chief objects were to secure the posts upon the continent
belonging to the Hudson's Bay Company, the embouchures of such rivers as might
afford an outlet for our fur-trade into the Pacific, and the two banks of the Mackenzie
Biver; that, in the belief that such were our respective objects, I would propose as
our boundary a line drawn through Chatham Straits to the head of Lynn Canal, thence
north-west to the 140th degree of longitude west of Greenwich, and thence along that
degree of longitude to the Polar Sea.
This proposal was made by me verbally, and was taken for consideration by the
Bussian Plenipotentiaries, who at our next meeting offered a "contre-projet," which I
afterwards requested might be reduced to writing, and of which I inclose a copy
(Inclosure 1),
In offering this I contre-projet," Count Nesselrode seemed to intimate that,
however disposed the Emperor might be to retract pretensions advanced by himself
which might be thought to conflict with the interests of other Powers, it would be
asking too much of the Imperial dignity to require that pretensions advanced twenty-
five years ago by the Emperor Paul, and which had been hitherto undisputed, should
be now renounced. I thought it my duty, upon an intimation of this kind being
made, to declare at once that all considerations of such a nature were incompatible
with the stipulated basis of our negotiation, and that if the question of national
dignity was to be touched, I, too, should have much to say upon that head, and should
probably find it quite impossible to make those concessions which, upon the simple
ground of mutual convenience, I might perhaps without difficulty do. This explicit
declaration had its desired effect, and the Bussian Plenipotentiaries engaged not to
introduce again arguments of this kind into our discussions.
As the § contre-projet " offered to me appeared to be, generally speaking, entirely
inadmissible, I drew up such a modification of my original proposal as would, I
thought, meet the only reasonable objection made to it (an objection made in
conversation by the Bussian Plenipotentiaries), viz., the inconvenience which Bussia
might experience by vessels of the United States claiming a right, under their
Convention with Great Britain, to visit the waters lying between King George's
Archipelago and the islands and continent to the eastward of it, and wliich might, in
this manner, seriously annoy the subjects of His Imperial Majesty in their pursuits
and occupations upon those shores.
This modification of my first proposal will be found in the inclosed paper
(Inclosure 2), which I delivered to the Bussian Plenipotentiaries at our next Conference.
You will observe that in making the proposal so modified, I, in fact, exceeded, in
some degree, the strict letter of your instruliions by assigning to Bussia the islands
lying between Admiralty Island to the north, 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 sufficient for all the
legitimate objects which Bussia 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 I again requested might be reduced to writing,
and which will be found in the inclosed paper (Inclosure 3).
As, in this  paper, parts  of the main continent to which Bussia cannot by
[661] P r4
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'A
i si* i
*
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 Bussian Plenipotentiaries
had, in consequence of my former remarks, agreed to waive altogether all question of
national dignity in discussing it, His Imperial Majesty might yet possibly feel an
invincible repugnance to retract from the pretensions advanced by the Emperor Paul
in the Charter given to the Bussian American Company in 1799 (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 my 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
dignity to Bussia by giving to her the 55th degree of latitude as her boundary upon
the islands, might preserve also uninterrupted our access to the Pacific Ocean, and
secure to His Majesty the 56th degree of north latitude as the British boundary upon
the coast. Ijj
The proposition by which I had hoped to effect these objects will also be found in
the paper (Inclosure 4), in delivering which I gave it clearly to be understood that it
contained my ultimate proposition.
It was not till the day before yesterday, 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 their final decision, and
that they must continue to insist upon the demarcation as described by them in the
first paper (Inclosure 1).
Finding this to be the case, I repeated that I had already gone far beyond the
utmost limit of my instructions, and that I was sorry to say that I must now consider
our negotiations as necessarily suspended, 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. Poletica 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 disagreement was, might not be disposed to furnish me with such
further instructions as would enable me to meet the views of the Bussian 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 Nesselrode 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 by the
Imperial Government, 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 perfectly satisfactory to both
parties could not now be made, it might possibly be thought by my Government that
our respective pretensions might still remain without any serious inconvenience in the
state in which they had before stood, and that it would only be necessary for the
present to confine their attention to the adjustment of the more urgent point of the
maritime pretension—a point which would not admit of equal 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 maritime question; and I found myself most
unexpectedly under the necessity of again explaining very distinctly, both to him and
to M. Poletica, that the maritime pretension of Bussia was one which, violating as it
did the first and most established principles of all public maritime law, admitted
neither of explanation nor modification, and that my Government considered themselves possessed of a clear engagement on the part of Bussia to retract in some way or
other a pretension which could neither 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 believe that, had we been able
to agree upon our southern line of demarcation, we should have found  sny real ■
53
difficulty either as regards the retractation 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; but the observation was made, and considering what has
already passed upon this subject both here in London and in America, considering
also the delicacy with which His Majesty had left it to the Bussian 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 Lieven should be again given clearly to understand that it is a point to which
no slight importance is attached by His Majesty, and that the pretension as it now
stands will admit of no remedy but that of publick, formal, and precise retractation in
some shape or another.
Such has been the course of my late negotiation upon this question, and such the
grounds upon which I have thought it my duty to suspend it for the present.
I know full well the inconvenience of breaking off such a negotiation in such a
stage and upon a point which, judging only by the Map, might perhaps appear of so
Mttle real importance to His Majesty's present interests, but when I consider by how
much I have already exceeded my instructions, how more than doubtful is the real
right of this Government to any part of the territory in most immediate 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 myself 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 yet so imperfectly known.
It is somewhat remarkable that whilst the Bussian pretension of maritime
jurisdiction stands unrecalled amongst 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 negotiations asking protection for a Bussian ship to navigate
in safety those very seas and visit those very shores which the Court of Bussia has by
such high-handed Decrees declared to be a part of her exclusive dominions, 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 by Lord
Cathcart.
I have, &c.
(Signed) CHABLES BAGOT.
Inclosure 1 in No. 39.
Counter-Draft by Russian Plenipotentiaries.
LES propositions faites par les Plenipotentiaires de Bussie a Sir Charles Bagot,
et que son Excellence a ete priee de prendre en mure consideration, tendoient a faire
admettre le 55e degre de latitude septentrionale comme ligne de demarcation entre les
possessions respectives sur la c6te nord-ouest de l'Amerique.
Cette meme limite a deja ete assignee aux possessions Busses par. la Charte que
feu l'Empereur Paul Ier accorda a la Compagnie Americaine.
Comme le parallele du 55e degre coupe l'Ue du Prince de Galles dans son
extremite mcridionale, laissant en dehors deux pointes de terre, les Plenipotentiaires
de Bussie ont propose que ces deux pointes fussent comprises dans les limites Busses,
voulant eviter par la une division de territoire egalement incommode aux deux parties
interessees.
Pour completer la ligne de demarcation et la rendre aussi distincte que possible,
les Plenipotentiaires de Bussie ont exprime le desir de lui faire suivre le Portland
Canal jusqu'aux montagnes qui bordent la c6te.
De ce point, la limite remonteroit le long de ces montagnes parallelement aux
sinuosites de la c6te, jusqu'a la longitude du 139e degre (rneridien de Londres), degre
dont la ligne de prolongation vers le nord formeroit la limite ulterieure entre les
possessions Busses et Angloises au nord, comme a Test.
Le motif principal qui force la Bussie a insister sur la souverainete de la lisiere
indiquee plus haut sur la terre ferme depuis le Portland Canal jusqu'au point
d'intersection du 60° avec le 139° de longitude, c'est que, privee de ce territoire, *
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la Compagnie Busse-Americaine n'auroit aucun moyen de soutenir les Etablissemens
qui seroient des lors sans point d'appui, et qui ne pourroient avoir aucune solidite.
En revanche la Bussie se feroit un devoir d'ouvrir aux sujets de Sa Majeste
Britannique la libre navigation de tous les fleuves qui aboutissent a l'Ocean dans cette
meme lisiere.
Pour donner une derniere preuve de son empressement a aller au devant des voeux
du Gouvernement Anglois, elle ouvriroit aussi au commerce des sujets de Sa Majeste
Britannique. et a leurs vaisseaux, le port de Novo-Archangelsk, dans le cas ou les
propositions ci-dessus seroient acceptees.
Inclosure 2 in No. 39.
Amended Proposal by Sir C. Bagot.
COMME il a ete convenu de prendre pour base de negotiation les convenances
mutuelles des deux pays, il est a remarquer, en reponse a la proposition faite par les
Plenipotentiaries Busses, qu'une ligne de demarcation tracee de l'extremite meridionale
de l'Ue du Prince de Galles jusqu'a 1'embouchure du Canal^ de Portland, de la par le
milieu de ce canal jusqu'a ce qu'elle touche la terre ferme, de la jusqu'aux montagnes
qui bordent la c6te, et de la le long de ces montagnes jusqu'a la longitude du
139e degre, &c, 6teroit a Sa Majeste Britannique la souverainete de toutes ces anses et
de ces petites baies qui se trouvent entre les latitudes 56° et 54° 45' dont plusieurs (a
ce qu'il y a tout lieu a croire) communiquent directement aux Etablissemens de la
Compagnie de Hudson's Bay, et seroient par consequent d'une importance essentielle
pour son commerce, tandis que de Tautre cote la Compagnie Busse-Americaine ne
possede aucun Etablissement sur la terre ferme entre les deux paralleles susmen-
tionnees, ni meme sur Tile du Prince de Galles, ni sur les iles qui sont situees entre
celle-ci et la terre ferme.
En acceptant la proposition faite par Sir Charles Bagot dans sa premiere
conference avec les Plenipotentiaires Busses, il n'y auroit (a ce qu'il paroit) qu'un seul
inconvenient pour la Bussie, celui qui pourroit resulter du droit que reclameroient
peut-etre les Etats-Unis, en vertu de leur Convention avec la Grande-Bretagne de
l'annee 1818, de naviguer librement dans tous les parages entre Pile du Boi George et
la terre ferme, et de gener ainsi de quelque sorte le commerce des sujets de Sa Majeste
Imperiale dans ces eaux.
Pour obvier a cet inconvenient et pour assurer a la Bussie l'entiere souverainete
de ces parages, ainsi que toutes les iles et les c6tes ou il y a effectivement des
Etablissemens Busses, la Grande-Bretagne proposeroit de prendre pour ligne de
demaracation entre les territoires des deux Puissances une ligne tracee de l'ouest vers
l'est, par le milieu du canal qui separe les Iles du Prince de Galles et du Due d'York
de toutes les iles situees au nord des dites iles jusqu'a ce qu'elle touche la terre
ferme.
De la se prolongeant dans la meme direction sur la terre ferme jusqu'a un point
distant de la c6te de 10 lieues marines, la ligne remonteroit de ce point vers le nord
et le nord-ouest, parallelement aux sinuosites de la c6te, et toujours a la distance de
10 lieues marines du rivage, jusqu'au 140e degre de longitude (de Greenwich) dont elle
suivroit alors du prolongement jusqu'a la Mer Polaire.
Inclosure 3 in No. 39.
Observations of Russian Plenipotentiaries on Sir C. Bagot's amended Proposal.
LE motif qui a fait proposer l'adoption du principe des convenances mutuelles, et
le premier avantage de ce principe, e'est d'empecher que les Etablissemens respectifs
sur la c6te nord-ouest ne puissent se nuire les uns aux autres et entrer en collision.
Les Etablissemens Anglois de la Compagnie de la Baie de Hudson et du Nord-
Ouest tendent a se porter vers Touest par les 53e et 54e degres de latitude septentrionale.
Les Etablissemens Busses de la Compagnie Americaine tendent a descendre au sud
vers le 55e parallele, et au dela, car il est a remarquer que si la Compagnie Americaine n'a point encore forme d'Etablissemens fixe sur la ligne mathematique du
£5e degre, il n'en est pas moins vrai qu'en vertu de son privilege de 1799, privilege
W 57
contre lequel aucune Puissance n'a jamais reclame, elle exploite la chasse et la peche
dans ces parages, et que regulierement elle occupe les iles et les cotes avoisinantes dans
la saison qui lui permet d'y envoyer ses chasseurs et ses p&cheurs.
II etoit done de la convenance mutuelle des deux Empires d'assigner de justes
limites a des progres reciproques qui ne pouvaient qu occasionner avec le temps les
plus facheuses complications.
II etoit aussi de leur convenance mutuelle de determiner ces limites d'apres les
separations natureiles qui forment toujours les frontieres les plus distinctes et les plus
certaines.
C'est par ces raisons que les Plenipotentiaires de Bussie ont propose pour limites
sur la c6te du continent au sud, le Portland Channel, dont l'origine dans les terres est
par le 56e degre de latitude nord, et, a Pest, la chaine de montagnes, qui suit a une
tres petite distance les sinuosites de la c6te.
D'apres les Cartes les plus recentes et les meilleures publiees en Angleterre, les
Etablissemens de la Compagnie de la Baie de Hudson ne se rapprochent des c6tes que
par le 53e et le 54e degre, et Ton ne sauroit prouver que sur aucun point ils arrivent
jusqu'au grand Ocean.
Cependant, d'apres le principe des convenances mutuelles, le projet d'arrange-
ment des Plenipotentiaires de Bussie, laisse ou verts a 1'extension successive des Colonies
Anglaises:—
1. Toute la partie de la cote situee entre 1'embouchure du Portland Channel et le
51e degre de latitude nord, envisagee comme limite des possessions Busses dans TOukase
du 4 (16) Septembre, 1821.
2. Tout le territoire situe entre les Etablissemens Anglois au 54e parallele et l'origine du Portland Channel, qui est au 56e parallele.
3. Tout le territoire situe derriere la chaine de montagnes dont il a ete question
ci-dessus, jusqu'au point d'intersection du 139e degre de longitude, rneridien de
Greenwich.
Les Plenipotentiaires de Sa Majeste Imperiale, prevoyant meme le cas ou, sur la
lisiere de la cote qui appartiendroit a la Bussie, il se trouveroit des fleuves au moyen
desquels les Etablissemens Anglois pourroient communiqUer avec l'Ocean, se sont
empresses d'offrir, par une stipulation eventuelle, la libre navigation de ces fleuves.
lis ont, en outre, annonce a son Excellence Sir Charles Bagot que le port de
Novo-Archangelsk sera ouvert au commerce des sujets de Sa Majeste le Boi de la
Grande-Bretagne.
D'autre part, les Plenipotentiaires de Bussie ont 1'honneur de lui observer itera-
tivement, que sans une lisiere sur la cote du continent a partir du Portland Channel,
les Etablissemens Busses des iles du voisinage n'auroient aucun point d'appui; 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 mutuelles,
ne presenteroit que des dangers a Tune des Parties et des avantages exclusifs a
1'autre.   jjj|
On ne parlera point ici des deux pointes de l'Ue du Prince de Galles, qui sont
situees au-dessous de la ligne du 55e degre de latitude nord. Ces deux pointes ne
pourroient etre d'aucune utilite a la Grande-Bretagne, et si les neuf-dixiernes de l'Ue du
Prince de Galles appartiennent a la Bussie, il est evidemment d'un interet reciproque
que l'lle lui appartienne tout entiere.
Ce court expose suffit pour justifier le projet que les Plenipotentiaires de Sa
Majeste Imperiale ont remis a Sir Charles Bagot, et sur la teneur duquel ils ne peuvent
qu'insister.
Ils esperent, au reste, que les intentions qui ont clicte ce projet seront appreciees
tant par l'Ambassadeur de Sa Majeste Britannique que par son Gouvernement.
Inclosure 4 in No. 39.
Reply by Sir C. Bagot to Observations of Russian Plenipotentiaries.
LA decouverte ou la simple occupation de quelques iles situees sur la cdte d'un
continent ne peut donner aucun droit a la souverainete de la terre ferme voisine,
principe qui n'est pas moins fonde sur l'opinion reconnue des juristes les plus ceiebres,
que sur l'usage universellement observe entre les nations.
D'apres ce principe, Sir Charles Bagot a constamment soutenu dans les Conferences qu'il a eu 1'honneur d'avoir avec les Plenipotentiaires de Bussie, que Sa
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Majeste Britannique ne sauroit adinettre que les droits de la Bussie sur la c6te nord-
ouest du Continent d'Amerique puissent s'etendrevers le midi sur ce continent au dela
du point ou la Bussie aura actuellement forme des Etablissemens,
II n'a jamais ete affirmo par les Plenipotentiaires de Sa Majeste Imperiale que la
Bussie possede des Etablissemens quelconques sur la terre ferme au sud du 60e ou
59e degre de latitude nord, mais ils ont declare que, privee d'une lisiere sur la terre
ferme, la Compagnie Busse-Americaine n'auroit aucun moyen de soutenir ses Etablissemens sur les iles, qui seroient des lors sans point d'appui et ne pourroient avoir aucune
solidite.
Tout argument fonde sur la consideration de la convenance pratique de la Bussie
ne pouvoit etre que du plus grand poids, et le Pienipotentiaire de Sa Majeste
Britannique n'hesita pas d'abandonner, en consequence de cette observation des
Plenipotentiaires de Bussie, la ligne de demarcation qu'il avoit d'abord proposes,
savoir, celle qui devoit passer par le milieu de Chatham Straits jusqu'a I'extremite
septentrionale de Lynn Canal et de la a Mont Elias, ou a l'intersection du 140e degre
de longitude, et d'en proposer une autre qui assureroit a la Bussie non seulement une
lisiere sur le continent, vis-a-vis de l'Etablissement le plus meridional qu'elle possede
sur les iles, mais qui lui assureroit aussi la possession de toutes les iles et les eaux qui
l'avoisinent, ou qui se trouvent placees entre cet Etablissement et la terre ferme, la
possession enfin de tout ce qui pourroit devenir, par la suite, de quelque utiEte, ou
pour sa solidite ou pour sa prosperite.
Mais le Pienipotentiaire de Sa Majeste Britannique ne peut pas admettre que la
Bussie accorderoit ou assureroit a Sa Majeste Britanniqpie un nouvel avantage par sa
renonciation a la partie de la c6te situee entre l'embouchure du Portland Canal et le
degre de latitude envisage comme limite des possessions Busses dans l'Oukase de 1821,
ni meme par sa renonciation a toute partie du continent au midi des Etablissemens qui y
ont ete deja formes; car, quand meme Sa Majeste Britannique eut jamais reconnu ce
degre de latitude comme f ormant la ligne de demarcation en autant qu'il regarde les
iles, elle ne pourroit, d'apres le principe enonce plus haut, Tavoir reconnu comme
limite sur le continent voisin, sur lequel la Compagnie de la Baie de Hudson avoit deja
etabli plusieurs de ses postes les plus importants.
Cette Compagnie a en effet des Etablissemens meme pres de la c6te, au nord du
55e degre; Sa Majeste Britannique ne pourroit done sans sacrifier les interets de la
Compagnie renoncer a ses droits a la souverainete de la c6te, et des iles qui en dependent
immediatement, jusqu'a la hauteur de 56° 30' de latitude nord, quel que soit le
degre de latitude que Ton pourra definitivement convenir de prendre pour limite entre
les deux Puissances, en autant qu'il concerne les lies situees plus a l'ouest.
L'origine du Portland Canal peut etre, comme il y a lieu de croire, l'embouchure
de quelque fleuve qui coule par le milieu du pays occupe par la Compagnie de la Baie
de Hudson, et il est par consequent d'une importance majeure a. la Grande-Bretagne
d'en posseder la souverainete des deux rives.
Ce fut dans l'espoir de pouvoir concilier ces objets indispensables avec ceux du
Gouvernement Imperial, et determiner sans plus de deiai une question, qu'il paraissoit
etre egalement de l'interet des deux parties d'arranger definitivement au moment actuel,
que le Pienipotentiaire de Sa Majeste Britannique eut 1'honneur de proposer dans
sa derniere Conference avec les Plenipotentiaires de Bussie, une ligne de demarcation,
qui tout en conservant a la Bussie pour limite meridionale sur les iles le degre
de latitude designe par l'Oukase de 1799, assigneroit eh meme terns a la Grande-
Bretagne pour limite sur la cdte de la terre ferme la latitude de 56° 30' nord.
II semble qu'une ligne tracee de I'extremite meridionale du detroit nommec< Duke
of Clarence's Sound " par le milieu de ce detroit, jusqu'au milieu du detroit qui separe
les Isles du Prince de Galles et du Due d'York de toutes les iles situees au nord des
dites lies, de la, vers Test par le milieu du meme detroit jusqu'a la terre ferme, et se
prolongeant ensuite dans la direction, et de la maniere deja proposees par le
Pienipotentiaire de Sa Majeste Britannique jusqu'a Mont Elias, ou a l'intersection du
140e degre de longitude, formeroit une ligne de demarcation qui concilieroit les
convenances mutuelles des deux Parties, et qui assureroit peut-etre d'une maniere
satisfaisante les interets retiproques tant actuels que futurs des deux Empires dans
cette partie du globe. 59
Inclosure 5 in No. 39.
Final Decision of Russian Plenipotentiaries,
LES Plenipotentiaires de Bussie ont porte a la connoissance de l'Empereur,
leur Maitre, les dernieres propositions qui leur ont ete faites par Sir Charles Bagot,
relativement a la ligne de demarcation qui separeroit les possessions Busses des
possessions Angloises sur la c6te nord-ouest du Continent de l'Amerique.
Attentivement examinees par Sa Majeste Imperiale, ces propositions ne .lui
ont point paru de nature a pouvoir etre acceptees.
L'Empereur charge ses Plenipotentiaires de declarer iterativement a M. l'Ambassadeur d'Angleterre:
Que la possession de l'Ue du Prince de Galles, sans une portion de territoire sur la
c6te situee vis-a-vis de cette ile, ne pourroit etre d'aucune utilite a la Bussie.
Que tout Etablissement forme sur la dite ile, ou sur celles qui l'environnent,
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 convenances mutuelles.
Qu'au reste, d'apres le temoignage des Cartes les plus recentes pubhees en
Angleterre, il n'existe aucun Etablissement Anglais ni sur la c6te meme du continent
ni au nord du 54° de latitude septentrionale.
Qu'ainsi, quand les limites fixees aux possessions Busses par la Charte de 1799,
n'auraient point en leur faveur depuis vingt-cinq ans le consentement tacite de toutes
les Puissances, encore la Bussie exerceroit-elle sur cette partie de la cote precisement
les memes droits que la Grande-Bretagne, d'ou il resulte 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'enfin, quant a la navigation des fleuves, la Bussie croyait avoir offert a.
la Grande-Bretagne tous les avantages et toutes concessions que celle-ci peut desirer.
Et que dans cet etat de choses les Plenipotentiaires de Sa Majeste Imperiale
avoient ordre d'insister sur leurs propositions anterieures, propositions dont ils ont
amplement developpe les motifs a son Excellence M. le Chevalier Bagot.
L'Empereur espere que ces motifs seront apprecies par le Gouvernement de
Sa Majeste Britannique, et que M. l'Ambassadeur d'Angleterre les fera yaloir avec ce
desir de rapprocher les opinions respectives qu'il a manifesto dans tout le cours de cette
negotiation.
Sa Majeste Imperiale est au regret de ne pas la voir terminee des a, present; mais
elle se flatte que les resolutions definitives du Cabinet de Londres empecheront sans
doute ces pourparlers de demeurer steriles.
■ Petersbourg, le 17 (29) Mars, 1824.
Inclosure 6 in No. 39.
Memorandum.
LA Compagnie Busse-Americaine a ete munie a differentes epoques de la part
des Missions etrangeres accreditees pres la Cour Imperiale de Bussie 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 tous les avantages d'une assistance aussi efficace, la Compagnie
vient de s'adresser. au Ministere Imperial dans le but d'obtenir par son intervention
une lettre de protection d'usage pour le vaisseau " Helene," commande par le
Lieutenant de la Marine Tchistiakoff.
Ce batiment, dont la destination est de porter des provisions aux Colonies de la
Compagnie, s'occupera en meme terns de recherches scientifiques dans les parages vers
lesquels il dirige sa course.
En consequence, le Soussigne a 1'honneur de prier son Excellence M. le Chevalier
de Bagot, Ambassadeur Extraordinaire et Pienipotentiaire de Sa Majeste Britannique,
de vouloir bien lui transmettre, a l'usage du Lieutenant Tchistiakoff, un certificat
lequel, en specifiant le but de Texpedition, reclamerait en faveur du commandant et
de 1'equipage un accueil hospitalier, et s'ils se trouvaient dans le cas d'y avoir recours,
une assistance efficace de la part des autorites Britanniques. f
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Le Soussigne se plairait a reconnaitre dans un accueil favorable a la demande
qu'il vient d'exprimer au nom de la Compagnie Busse-Americaine une nouvelle
preuve des relations amicales qui existent entre les deux Cours, et il saisit, &c.
(Signe) M     NESSELBODE.
St. Petersbourg, le 12 Mars, 1824.
No. 40.
Mr. G. Canning to Sir C. Bagot.
<No. 18.)
Sir, Foreign Office, April 24, 1824.
YOUB despatches to No. 23 inclusive received here on the 14th instant by the
messenger Draff en (after an unusually expeditious journey), have been laid before the
King.
The courier whom your Excellency mentioned as being dispatched to Count
Lieven at the same time with Draffen 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 pleased to allow to be attached to your Excellency's Embassy (Mr. Bloomfield,
whose assistance I had so long ago promised, not being yet able to leave England), to
acknowledge the receipt of your late despatches, but I must refer your Excellency for
any detailed observations upon them to what I 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 modifications, which you judiciously took upon
yourself to make in your instructions, were not met by corresponding concessions on
the part of the Bussian 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 Beport I expect shortly to receive.
I have some reason to think that that Beport will recommend the policy of
closing with the Bussian proposals rather than leaving the points in dispute
unsettled for an indefinite 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 Bussian
Ambassador here, or to  authorize your Excellency  to  resume  and conclude the
negotiation.
I am j &c.
(Signed) GEOBGE CANNING.
No. 41.
Mr. G. Canning to Count Lieven.
(Extract.) . Foreign Office, May 29, 1824.
AFTEB mature consideration of the two despatches from Count Nesselrode to
your Excellency on the 5th ultimo, copies of which your Excellency had the goodness
to put into my hands, I have the satisfaction to acquaint your Excellency that I shall
be enabled shortly to send to His Majesty's Ambassador at St. Petersburgh such
instructions on the subject matter of both as shall meet, in a great degree, the wishes
of your Court.
1. As to the line of demarcation to be drawn between Bussian and British
occupation on the north-west coast of America; Sir Charles Bagot's discretion will be
so far enlarged as to enable him to admit, with certain qualifications, the term last
proposed by the Bussian Government.
The qualifications will consist chiefly in a more definite description of the limit
to which the strip of land required by Bussia on the continent is to be restricted; in
the selection of a somewhat more western degree of iongtitude as the boundary to the
northward of Mount Elias ; in precise and positive stipulations for the free use of all
rivers which may be found to empty themselves into the sea within the Bussian
mh '■M-r^l
61
frontier, and of all seas, straits, and waters which the limits assigned to Bussia may
comprehend.
It can hardly be expected that we should not also put in our claim for the like
privileges of trade as are, or may be, stipulated with Bussia 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.
No. 42.
Mr. G, Canning to Sir C. Bagot.
(No. 22.3
Sir, Foreign Office, May 29, 1824.
I TBANSMIT to your Excellency a copy of a letter which I have addressed to
Count Lieven upon the subject-matter of two despatches from Count Nesselrode to
Count Lieven, which that Ambassador communicated to me, and copies of which I
also inclose.
Your Excellency will learn from my letter to Count Lieven that you may expect
definitive instructions very shortly, both for the conclusion 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 instructions 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 Government upon these several subjects. But your
Excellency will not take any step upon them until you shall have received my promised
instructions.
I am, &c.
(Signed) GEOBGE CANNING.
No. 43.
Mr, G. Canning to Sir. C. Bagot.
(No. 26.)
Sir, Foreign Office, July 12, 1824.
AFTEB full consideration of the motives which are alleged by the Bussian
Government for adhering to their last propositions respecting the line of demarcation
to be drawn between British and Bussian occupancy on the north-west coast of
Amercia; and of the comparative inconvenience of admitting some relaxation in the
terms of your Excellency's last instructions, or of having the question between the two
Governments unsettled for an indefinite time, His Majesty's Government have resolved
to authorize your Excellency to consent to include the south points of Prince of Wales'
Island within the Bussian 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 139th degree of longitude to the Polar Sea.
I inclose the draft of a projet of Convention founded upon these principles,
which your Excellency is authorized to sign previously to your quitting St. Petersburgh.
The advantages conceded to Bussia by the line of demarcation, traced out in this
Convention, are so obvious, as to render it quite impossible that any objection can
reasonably be offered on the part of the Bussian Government to any of the stipulations
in our favour.
There are two points which are left to be settled by your Excellency:—
1. In fixing the course of the eastern boundary of the strip of land to be
occupied by Bussia on the coast, the seaward base of the mountains is assumed as
that limit; but we have experience that other mountains 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
troublesome discussions. It is therefore necessary that some other security should be
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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 by the Map almost to border the coast, turning out to be far
removed from it) be carried 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 be desirable if your
Excellency were enabled to obtain a still more narrow limitation.
2. Article 5 of the | Projet" is copied from Article IV of the Convention between
Bussia and 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 obtain 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 limitation of
Time cannot in any case extend to the use by Great Britain of the harbour of New
Archangel, still less of the rivers, creeks, &c, on the continent, the use of all which
is in the nature of a compensation for the perpetual right of territory granted to
Bussia, and, therefore, must be alike perpetual. If your Excellency shall, as I cannot
doubt, conclude and sign this Convention before your departure, you will make it a
point to bring with you the ratification of the Bussian Government to be exchanged
by Count Lieven against that of His Majesty.
I have, &c.
(Signed) GEOBGE CANNING.
Inclosure in No. 43.
Draft
Convention.
HIS Majesty the King of the United
Kingdom of Great Britain and Ireland, and
His Majesty the Emperor of All the Bussias,
being desirous of drawing still closer the
ties of friendship and good understanding
which unite them, by means of an Agreement which shall settle, upon the basis
of reciprocal convenience, the different
points connected with the commerce, navigation, and fisheries of their subjects on
the Pacific Ocean, as well as the limits
of their possessions and establishments on
the north-west coast of America; their
said Majesties have named their Plenipotentiaries to conclude a Convention for this
purpose, that is to say :
SA Majeste le Boi du Boyaume-Uni de
la Grande-Bretagne et de l'lrlande, et Sa
Majeste l'Empereur de Toutes les Bussies,
desirant resserrer les liens d'amitie et de
bonne intelligence qui les unissent, moyen-
nant un accord qui regleroit, sur le principe
d'une convenance reciproque, differens points
relatifs au commerce, a la navigation, et
aux pecheries de leurs sujets sur l'Ocean
Pacifique, ainsi que les limites de leurs
possessions et etablissemens sur la c6te
nord-ouest de l'Amerique; leurs dites
Majestes ont nomme des Plenipotentiaires
pour con dure une Convention a cet effet,
savoir:
His Majesty the King of the United Sa Majeste le Boi du Royaume-Uni
Kingdom of Great Britain and Ireland, de la Grande-Bretagne et de l'lrlande,
&c, &c, &c.; &c., &c, &c.;
And His Majesty the Emperor of All the        Et Sa Majeste l'Empereur de Toutes les
Bussias, &c„ &c, &c.; Russies, &c, &c, &c.;
Who,   after   having   communicated   to        Lesquels,   apres    s'etre    reciproquement
each   other   their  respective full powers,    communiques leurs pleins pouvoirs respectifs* 63
t
found to be in due and proper form, have    trouves en bonne et due forme, sont con.
agreed  upon and concluded the following    venus des Articles snivans:—
Articles:—
ARTICLE I.
It is agreed between the High Contracting
Parties that their respective subjects shall
enjoy the right of free navigation along
the whole extent of the Pacific Ocean,
comprehending the sea within Behring's
Straits, and shall neither be troubled nor
molested in carrying on their trade and
fisheries, 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 2 marine leagues from the respective
possessions of the other.
ARTICLE I.
II est convenu entre les Hautes Parties
Contractantes que leurs sujets respectifs
navigueront librement dans toute l'etendue
de l'Ocean Pacifique, y comprise la Mer au
dedans du Detroit dit de Behring, et ne
seront point troubles ni molestes en exercant
leur commerce et leurs pecheries, dans
toutes les parties du dit ocean, tant au nord
qu'au sud.
Bien entendu, que la dite liberte de
pecherie ne sera exercee par les sujets de
Tune des deux Puissances qu'a la distance
de 2 lieues maritimes des possessions re-
spectives de 1'autre.
ARTICLE II.
The line which separates the possessions
of the two High Contracting Parties 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° 40',
and between the 131st and 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 withinthe seaward base
of the mountains by 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 boundary of
the British and Russian possessions] on the
said Continent of America to the northwest.
ARTICLE III.
It is, nevertheless, understood, with
regard to the stipulations of the preceding
Article :—
1. That the said line of coast on the
Continent of America, which forms the
boundary 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.
ARTICLE II.
La ligne separative entre les possessions
des deux Hautes Parties Contractantes sur
le continent et les Isles de l'Amerique du
nord-ouest, sera tracee de la maniere
suivante :-—
En commencant des deux points de l'isle
dite du Prince de Galles, qui en forment
I'extremite meridionale, lesquels points sont
situes sous le parallele de 54° 40', et entre
le 131e et le 133e degre de longitude ouest
(rneridien de Greenwich), la ligne de la
frontiere, entre les possessions Britanniques
et Russes, remontera, au nord, par la passe
dite le Portland Channel, jusqu'a ce qu'elle
touche a la cote de la terre ferme situee
au 56e degre de latitude nord. De ce
point elle suivra cette cote, parallelement
a ses sinuosites, et sous ou dans la base
vers la mer des montagnes qui la bordent,
jusqu'au 139e degre de longitude ouest du
dit rneridien. Et de la, la susdite ligne
meridionale du ]39e degre de longitude
ouest, en sa prolongation jusqu'a la Mer
Glaciale, formera la limite des possessions
Britanniques et Russes, sur le dit Continent
de l'Amerique du nord-ouest.
ARTICLE III.
II  est convenu neanmoins, par rapport
aux stipulations de 1 Article precedent:—
1. Que la susdite lisiere de cdte sur le
Continent de l'Amerique, formant la limite
des possessions Russes, ne doit, en aucun
cas, s'etendre en largeur depuis la mer vers
finterieur, au dela de la distance de
lieues maritimes, a quelque distance que
seront les susdites montagnes. [;
,m
64
1
? I'llr
2. That British subjects shall for ever
freely navigate and trade along the said
line of coast, and along the neighbouring
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 inhabiting
or visiting the interior of this continent,
as to those coming from the Pacific Ocean,
who shall touch at these latitudes.
ARTICLE IV.
The port of Sitka or Nove Archangelsk
shall be, and shall for ever remain, open
to the commerce of the subjects of His
Britannic Majesty.
2. Que les sujets Britanniques navigue-
ront et conimerceront librement a per-
petuite sur la dite lisiere de cote, et sur celle
des isles qui l'avoisinent.
3. Que la navigation et le commerce des
fleuves du continent traversal!t cette lisiere,
seront fibres aux sujets Britanniques, tant
a ceux habitant ou frequentant l'interieur
de ce continent, qu'a ceux qui aborderont
ces parages du c6te de l'Ocean Pacifique.
ARTICLE IV.
Le port de Sitka ou Nove Archangelsk
sera et restera a jamais ouvert au commerce
des sujets de Sa Majeste Britannique.
ARTICLE V.
With regard to the other parts of the
north-west coast of America, and of the
islands adjacent thereto, belonging to either
of the two High Contracting Parties, it
is agreed that, for the space of years
from the April, 1824, their respective
vessels, and those of their subjects, shall
reciprocally enjoy the liberty of visiting,
without hindrance, the gulfs, havens, and
creeks of the said coast, in places not
already occupied, for the purposes of fishery
and of commerce with the natives of the
country.
It being understood :—
1. That the subjects of either of the
High Contracting Parties shall not land
at any spot where there may be an establishment of the other, without the permission
of the Governor or other authority of the
place, unless they should be driven thither
by stress of weather or other accidents.
2. That the said liberty of commerce
shall not include the trade in spirituous
liquors, in fire-arms, swords, bayonets, &c,
gunpowder, or other warlike stores. The
High Contracting Parties reciprocally engaging not to permit the above-mentioned
articles to be sold or transferred, in any
matter whatever, to the natives of the
^country.
ARTICLE V.
Par rapport aux autres parties des cotes
du continent de l'Amerique du nord-ouest,
et des isles qui l'avoisinent, appartenantes
a l'une et a l'autre des deux Hautes Parties
Contractantes, il est convenu que pendant
1'espace de dix ans a compter du Avril,
1824, leurs vaisseaux respectifs, et ceux
de leurs sujets, pourront reciproquement
frequenter, sans entrave, les golphes, havres,
et cliques des dites cotes, dans des endroits
non deja occupes, afin d'y faire la peche
et le commerce avec les naturels du pays.
Bien entendu :—
1. Que partout ou ii se trouvera un
etablissement de l'une des Hautes Parties
Contractantes, les sujets de l'autre ne pourront y aborder, sans la permission du Commandant ou autre prepose de cet endroit,
a moins qu'ils n'y seront forces par tempetes
ou quelque autre accident.
2. Que la dite liberie de commerce ne
comprendra point celui des liqueurs spiri-
tueuses, ni des armes a feu,- des armes
blanches, de la poudre a canon, ou d'autres
especes de munitions de guerre. Tous
lesquels articles les deux Puissances s'en-
gagent reciproquement de ne point laisser
vendre ni transferer, en maniere quelconque,
aux indigenes de ces pays.
ARTICLE VI.
No establishment shall, in future, be
formed by British subjects, either upon the
coast or upon the borders of the continent
comprised within the limits of the Russian
possessions designated in Article II; and,
in like manner, no such establishments shall
be formed by Russian subjects beyond the
said limits.
ARTICLE VI.
Dorenavant il ne pourra etre forme par
les sujets Britanniques aucun etablissement,
ni sur les cdtes ni sur la lisiere du continent
comprises dans les limites des possessions
Russes designees par 1'Article II; et de
meme, il n'en pourra pas etre forme aucun
par des sujets Russes hors des dites limites. IHi
65
ARTICLE VII.
ARTICLE VII.
Such British and Russian vessels navigating these seas, as may be compelled by
stress of weather, or by any other accident,
to take shelter in the respective ports, shall
be at liberty to refit therein, to provide
themselves with all necessary stores, and to
put to sea again, without the payment of
any duties except port and lighthouse dues
not exceeding those paid by national vessels.
In case, however, the master of such ship
should be obliged to dispose of some of
his merchandize in order to defray his
expenses, he shall conform himself to the
Regulations and Tariffs of the place where
he may have landed.
Les vaisseaux Britanniques et Russes
navigant dans ces mers, qui seront forces
par des tempetes, ou par quelque autre
accident, a se refugier dans les ports
respectifs, pourront s'y radouber et s'y
pourvoir de toutes choses necessaires, et se
remettre en mer librement, sans payer aucun
droit hors ceux de port et des fanaux, qui
n'excederont pas ce que payent les navires
indigenes. A moins que le patron d'un
tel navire ne se trouveroit dans la necessite
de vendre quelque marchandise pour defrayer
ses depenses; au quel cas, il sera tenu de se
conformer aux Ordonnances et Tarifs de
l'endroit ou il aura aborde.
119
ARTICLE VIII.
In every case of complaint on account
of an infraction of the -Articles of the
present Convention, the officers employed
on either side, without previously engaging
themselves in any violent or forcible
measures, .shall make an exact and circumstantial report of the matter to their
respective Courts, who will arrange the
same, according to justice, in a friendly
manner.
ARTICLE IX. ; ..  ' jjf
The present Convention shall be ratified,
and the ratifications shall be exchanged at
within the space of
months, or sooner, if possible.
In witness whereof, the respective Plenipotentiaries have signed the same, and have
affixed thereto the seals of their arms.
ARTICLE VIII.
Dans tous les cas de plainte par rapport a
l'infraction des Articles du present accord,
les officiers et employes de part et d'autre,
sans se permettre au prealable aucune
violence ni voye de fait, seront tenus de
rendre un rapport exact de l'affaire et de
ses circonstances, aux Cours respectiyes, les-
quelles la termineront selon la justice et a
1'amiable.
ARTICLE IX.
La presente Convention sera ratifiee, et
les   ratifications   en   seront    echangees    a
dans fespace de
mois, ou plutot si faire se peut.
En foi de quoi les Plenipotentiaires respectifs l'ont signee, et y ont appos6 le
cachet de leurs armes.
Done at
of
18
the day
in the year of Our Lord
Fait a
de Grace 1824.
le
Tan
No. 44.
Mr. G. Canning to Sir C. Bagot.
(No. 29.)
Sir, I Foreign Office, July 24, 1824.
THE I Projet 1 of a Convention which is inclosed in my No. 26 haying 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 herewith inclosed.
Your Excellency will observe that there are but two points which have struck
Count Lieven as susceptible of any question. The first, 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 first, 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
[661] S
PL
»>
mmmamzz:-" ff IB
;ii
66
the coast to which the lisiere is in any case to run, be adopted (which distance I have
to repeat to your Excellency should be made as short as possible), and provided a
stipulation be added that no forts shall be established or fortifications erected by 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
required will be new also.
By the territorial demarcation agreed to in this "Projet," Bussia will become
possessed, in acknowledged sovereignty of both sides, of Behring'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 Behring's Straits, or the power to shut them up hereafter,
would be a thing not to be tolerated by England.
Nor could we submit to be excluded, either positively or constructively, from a
sea in which the skill and science of our seamen has been and is still employed in
enterprizes interesting not to this country alone, but to the whole civilized world.
The protection given by the Convention to the American coasts of each Power
may (if it is thought necessary) be extended in terms to the coasts of the Bussian
Asiatic territory; but in some way or other, if not in the form now prescribed, the
free navigation of Behring's 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 Convention, nearly in
conformity to the " Projet," 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, &c.
(Signed)
GEOBGE CANNING.
No. 45.
Memorandum from Count Lieven on the North- West Coast Convention.
LE Projet de Convention redige par le Cabinet Anglais fait courir la limite des j
possessions Busses et Anglaises sur la c6te nord-ouest d'Amerique au sud du Mont
Elie; le long de la base des montagnes qui suivent les sinuosite's de cette c6te. II est
a observer qu'en these generale, lorsqu'une chaine de montagnes sert a fixer une
limite quelconque, c'est toujours la cime de ces montagnes qui forme la ligne de
demarcation. Dans le cas dont il s'agit ici le mot de base par le sens indefini qu'il
presente, et le plus ou moins d'extension qu'on peut lui donner, ne paralt guere
propre a mettre la delimitation a l'abri de toutes contestations ulterieures, car il ne
serait point impossible, vu le peu de certitude des notions geographiques que Ton
possede encore sur ces parages, que les montagnes designees pour limite s'etendissent
par une pente insensible jusqu'aux bords meme de la c6te.
Quant a la clause du meme | Projet," ayant pour but d'assurer aux vaisseaux Anglais
1'entree libre dans la Mer Glaciale par le Detroit de Behring, il semble en premier lieu
que cette condition, entierement nouvelle, est par sa nature etrangere a 1'objet special
de la negociation; et les termes generaux dans lesquels elle est concue feront peut
etre hesiter le Gouvernement Imperial a l'admettre sans en modifier l'enonce actuel
pour ne point exposer les cotes de ses possessions Asiatiques dans la Mer Glaciale aux
inconveniens qui pourraient naitre de la visite des batimens etrangers.
it MI I
,-lr:
■&"'    I
No. 46.
Mr. Addinqton to Mr. G. Canning.—(Received September 8.)
(No. 39.)
Sir, Washington, August 2, 1824.
A CONVENTION concluded between this Government and that of Bussia for
the settlement of the respective claims of the two nations to the intercourse with the
north-western coast of America reached the Department of State a few days since. S -i^
67
The main points determined by this instrument are, as far as I can collect from
the American Secretary of State, (1) the enjoyment of a free and unrestricted intercourse by each nation with all the settlements of the other on the north-west coast of
America; and (2) a stipulation that no new Settlements shall be: formed by Bussia,
south, or by the United States, north, of latitude 54° 40/.
The question of the mare clausum, the sovereignty over which was asserted by the
Emperor of Bussia in his celebrated Ukase of 1821, but virtually, if not expressly,
renounced by a subsequent declaration of that Sovereign, has, Mr. Adams assures me,
not been touched upon in the above-mentioned Treaty.
Mr. Adams seemed to consider any formal stipulation recording that renunciation
as unnecessary and supererogatory.
I have, &c.
(Signed) H. U. ADDINGTON.
No. 47.
Sir C. Bagot to Mr. G. Canning.—(Received September 9.)
o.41.)
Sir, St. Petersburgh, August 12, 1824.
YOU will certainly learn with considerable surprise that, so far from having it in
my power, as I had confidently hoped that I should have, to bring with me, on my
return to England, a Treaty signed and ratified by the Bussian Government, upon the
subject of the north-west coasts of America, I am already enabled to acquaint you
that, after only two meetings with the Bussian Plenipotentiaries, I have ascertained
that it is totally impossible to conclude with them any arrangement upon the subject
which is at all reconcileable with the <c Projet" transmitted to me in your despatch
No. 26 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 only necessary
that I should transmit to you the inclosed copy of a j Contre-Projet" offered to me by
the Imperial Plenipotentiaries on the day after our first meeting, viz., on Saturday last,
the 21st instant.
The differences between this I Contre-Projet " and the | Projet 1 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 I have reason to think, would have been tenaciously adhered to, and of which
some might have been safely admitted. But there are three points upon which the
differences appear to be almost, if not altogether, irreconcileable.
These points are:—
1. As to the opening for ever to the commerce of British subjects, of the port of
Novo-Archangelsk.
2. As to the liberty to be granted to British subjects to navigate and trade for
ever along the coast of the lisiere which it is proposed to cede to Bussia, from the
Portland Channel to the 60th 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 north-west coasts of America.
As to the first of these points, the Bussian Plenipotentiaries declare that, however
disposed they might, and probably should be, to renew this liberty to His Majesty's
subjects at the expiration of ten years, they can, under no circumstances, consent to
divest themselves for ever of a discretionary power in this respect, by granting such a
privilege in perpetuity.
Upon this point I reminded the Plenipotentiaries that the freedom of the port of
Novo-Archangelsk was originally offered to Great Britain by themselves, unsolicited
and unsuggested by me, in the first j Contre-Projet" which they gave to me in our
former conferences; that the same ^ offer had been repeated by Count Nesselrode
in his despatch to Count Lieven of the 5th April last, and that upon neither
occasion had it been accompanied by any restriction as to any period of time. It is
admitted to me that no period of time was specified upon those occasions, but that it was
never intended to declare that the freedom should be perpetual, and that they could
never be induced to grant it upon such terms.
As to the second point: The Bussian Plenipotentiaries declare that they are
ready to grant to His Majesty's subjects for ten years, but for no longer period, the
liberty to navigate and trade along the coast of the lisiere proposed to be ceded to
;itflg_ i
ET
68
"Bussia, from the Portland Channel to the 60th degree of north latitude, and the islands
adjacent; and that they are ready to grant for ever 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 correspondent advantages, be induced to grant to
any Power the privilege to navigate and trade in perpetuity within a country the full
sovereignty of which was to belong to Bussia; that such perpetual concession was
repugnant to all national   feeling,  and was   inconsistent with  the very  idea of
sovereignty.
As regards the third point, the Bussian Plenipotentiaries declared that the coasts
of North America extending from the 60th degree of north latitude to Behring's
Straits, the liberty to visit which, under certain conditions, is stipulated in the
" Projet" by Great Britain, in return for a similar liberty to be given, under the same
conditions, to Bussian subjects to visit the North American coasts belonging to His
Majesty, are, and have always been, the absolute and undisputed territory 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 I was yesterday distinctly given
to understand that the Bussian Government would consider it their duty to insist, and,
consequently, that, unless my instructions should enable me to modify the te Projet "
so far as regarded them, the negotiations must be considered as at an end.
It is, I believe, scarcely necessary that, after having stated this, I should trouble
you with any further observations upon the subject.
The other differences which exist between the " Projet" and the " Contre-Projet,"
though numerous, are, as I have said before, of minor importance, and such as would,
I think, have been easily adjusted. What they are will be best shown by the " Contre-
Projet " inclosed. :t|$
I hope that His Majesty's Government will'give me credit for not having too
hastily supposed that the objections urged by the Bussian Plenipotentiaries were
insurmountable. 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 Bussian Government is now taken rather to leave the question unsettled between the two
Governments for any indefinite time, than to recede from their pretensions so far as
they regard the three points which I have particularly specified.
In closing yesterday the Conference, which assured me that all further chance of
negotiation was, for the present at least, terminated, I thought it my duty to remind
the Bussian Plenipotentiaries that the maritime jurisdiction assumed by Bussia in the
Pacific, which he had hoped to see revoked in the simplest and least unpleasant
manner by mixing \t with a general adjustment of other points, remained, by the
hreaking off of our negotiations, still unretracted; and, that my Government would
probably be of opinion that, upon that part of the question some arrangement must
yet be entered into.
It may be proper to add that, in reference to the 6th Article of the " Contre-
Projet," I gave the Bussian Plenipotentiaries distinctly to understand that neither
His Majesty's Government nor those of the other Maritime Powers of the world
would, as I thought, be likely to accept the free navigation of Behring's Straits as a
concession on the part of Bussia.
I have, &c.
(Signed)
CHABLES BAGOT.
Inclosure in No. 47.
Counter-Draft of the Russian Plenipotentiaries,
SA Majeste l'Empereur de Toutes les Bussies et Sa<Majeste le Boi du Boyaume-
Uni de la Grande-Bretagne et de l'lrlande voulant resserrer les liens d'amitie et de
bonne intelligence qui les unissent, moyennant un accord qui reglerait d'apres le
principe des convenances reciproques, les limites de leurs possessions et "Etablissemens
sur la c6te nord-ouest de l'Amerique, ainsi que differens points relatifs au commerce,
a la navigation, et aux pecheries de leurs sujets sur l'Ocean Pacifique, ont nomme des rst'<s&
69
Plenipotentiaires pour conclure une Convention a cet effet, savoir, &c, lesquels, apres
s'etre communique, &c, ont arrete et signe les Articles suivans:—
ABTICLE I.
La ligne de demarcation entre les possessions des deux Hautes Parties Contractantes sur la c6te nord-ouest de l'Amerique et les iles adjacentes, sera tracee ainsi
qu'il suit :
A partir des deux points qui forment I'extremite meridionale de Tile dite du
Prince de Galles, laquelle appartiendra tout entiere a la Bussie, points situes sous la
parallele du 54° 40' de latitude nord,- et entre les 131° et 133° de longitude ouest
(rneridien de Greenwich) la ligne de la frontiere entre les possessions Busses et les
possessions Britanniques remontera au nord par la passe, dite le Portland Channel,
jusqu'au point ou cette passe se termine dans l'interieur de la terre ferme au 56° de
latitude nord. De ce point, elle suivra cette cote paralieiement a ses sinuosites
jusqu'au 139° de longitude ouest (meme rneridien) et de la, la frontiere entre les
possessions respectives sur le Continent Americain sera formee par la ligne du susdit
degre de longitude dans sa prolongation jusqu'a la Mer Glaciale.
ABTICLE II.
La lisiere de la c6te nord-ouest appartenante a la Bussie depuis le Portland
Channel jusqu'au point d'intersection du 139° de longitude ouest (rneridien de
Greenwich) n'aura point en largeur sur le continent plus de 10 lieues marines a
partir du bord de la mer.
f' ABTICLE III. j|
II est convenu—
1. Que dans les possessions des deux Puissances, telles qu'elles sont designees aux
Articles precedens et nommement jusqu'a la hauteur du 59° 30' de latitude nord, mais
point au dela, leurs vaisseaux respectifs, et ceux de leurs sujets auront pendant dix
ans a compter du 5 (17) Avril, 1824, la faculte reciproque de frequenter librement les
golphes, havres, criques, dans les parties des lies et des c6tes, qui ne seraient point
occupees par des Etablissemens soit Busses, soit Britanniques, et d'y faire la peche et
le commerce aVec les naturels du pays.
2. Que partout ou il y aura un Etablissement de l'une des Hautes Puissances
Contractantes, les sujets de l'autre ne pourront y aborder sans la permission du Commandant ou prepose du lieu,, sauf les cas d'accidens ou de tempete.
3. Que la liberie de commerce ci-dessus mentionnee ne comprendra ni les liqueurs
spiritueuses, ni les armes a feu et armes blanches, ni la poudre a canon et autres
munitions de guerre: tous articles que les Hautes Puissances Contractantes s'engagent
reciproquement a ne pas laisser vendre par leurs sujets respectifs aux naturels de la
cote et des iles nord-ouest de l'Amerique.
4. Que sur la lisiere de la dite c6te indiquee en TArticle II de la presente Convention comme appartenante a la Bussie les sujets de Sa Majeste Britannique jouiront
a perpetuite de la libre navigation des fleuves, soit qu'ils habitent l'interieur du
continent, soit qu'ils veulent y arriver de l'Ocean Pacifique au moyen de ces memes
fleuves.
5. Que le port de Sitka ou Novo-Archangelsk sera ouvert, pendant dix ans, au
commerce etranger, et qu'a l'expiration de ce terme cette franchise sera renouveiee
suivant les convenances de la Bussie.
ABTICLE IV.
A l'avenirilne pourra etre forme aucun Etablissement paries sujets de Sa Majeste
Britannique dans les limites des possessions Busses designees aux Articles I et II et
de meme il n'en pourra etre forme aucun par les sujets de Sa Majeste l'Empereur de
Toutes les Bussies hors des dites limites.
ABTICLE V.
r
Les Hautes Puissances Contractantes stipulent en outre que leurs sujets respectifs
navigueront librement, sur toute l'etendue de l'Ocean Pacifique, tant au nord qu'au
sud, sans entrave quelconque, et qu'ils jouiront du droit de peche en haute mer, mais
[661] T ' rTF
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1 ill
70
que ce droit ne pourra jamais etre exerce qu'a la distance de 2 lieues marines des c6tes
ou possessions, soit Busses, soit Britanniques.
ABTICLE VI.
Sa Majeste l'Empereur de Toutes les Bussies, voulant meme donner une preuve
particuliere de ses egards pour les interets des sujets de Sa Majeste Britannique et
rendre plus utile le succes des entreprises, *qui auraient pour resultat de clecouvrir
un passage au nord du Continent Americain, consent a ce que la liberte de navigation
mentionnee en 1'Article precedent s'etende sous les memes conditions, au Detroit de
Behring et a la mer situee au nord de ce detroit.
ABTICLE VII.
Les vaisseaux Busses et Britanniques naviguant sur l'Ocean Pacifique et la mer
ci-dessus indiquee, qui seroient forces par les tempetes ou par quelque avarie, de se
refugier dans les ports respectifs des Hautes Parties Contractantes, pourront s'y
radouber, s'y pourvoir de tous les objets qui leur seront necessaires et se remettre en
mer librement, sans payer d'autres droits que ceux de port et de fanaux, lesquels
seront fixes pour eux du meme montant que pour les navires nationaux.
En pareilles occasions les patrons des batimens, soit Busses, soit Britanniques,
seront tenus de se conformer aux lois, Ordonnances, et Tarifs en vigueur dans le port,
ou. ils auront aborde.
ABTICLE VIII.
Dans tous les cas de plainte sur l'infraction des Articles du present accord, les
officiers et fonctionnaires publics s'abstiendront de part et d'autre de toute violence ou
voye de fait, et rendront un compte exact de 1'affaire et de ses cirConstances a leurs
Cours respectives, lesquelles termineront le differend a 1'amiable, et selon les
principes d'une mutuelle justice.
/ * ABTICLE IX.
La presente Convention sera ratifi.ee et les ratifications en seront echangees dans
l'espace de mois, ou plut6t si faire se peut.
En foi de quoi les Plenipotentiaires respectifs l'ont signee, et y ont appose le
cachet de leurs armes.
Fait a St. Petersbourg, le , 1824.
No. 48.
Mr. G. Canning to Count Lieven.
M. le Comte, Foreign Office, September 12, 1824.
IT is with great regret, and, I confess, with some surprise, that I have learnt from
Sir Charles Bagot that your Court have declined to conclude the Treaty, the project of
which was sent out by the | Herald."
This refusal is the more unexpected, as the chief alterations made in the original
"Projet" were introduced here (as your Excellency can bear witness) at the suggestion
of the Bussian Plenipotentiaries themselves.
I have not yet had time to give sufficient consideration to the I Contre-Projet" now
presented on the part of those Plenipotentiaries, to be enabled to say positively
whether it can be accepted in all its parts. But I would fain hope that the differences
between us may be not insurmountable. And I do most earnestly entreat your
Excellency to submit to your Court, by your first messenger, the expediency of
sending to your Excellency instructions and full powers to conclude and sign the
Treaty here.
This will save three months. It will enable us to conclude before the meeting of
Parliament. And I do assure your Excellency that, after the expectations which have
been so often held out to Parliament of a speedy and satisfactory termination of the
discussions: respecting the Ukase of 1821, I cannot look forward without uneasiness to
tha disappointment of those expectations. 71
I know that the Ukase is practically suspended; but we have no document to
show that it is so; and we have, as your Excellency knows, purposely abstained from
requiring any, in the hope that the subject of the Ukase would be merged in the
larger arrangements respecting the north-west coast of America.
I write to Mr. Ward in the sense of this letter. And I most anxiously wish that
no personal delicacy may prevent your Excellency from repeating and enforcing my
suggestion.
I have, &c.
(Signed) GEOBGE CANNING.
i leii
No. 49.
o. 3.)
Mr. G. Canning to Mr. Ward.
Sir, Foreign Office, September 13, 1824.
SIB CHABLES 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 north-west 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 Bussian 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 Portefeuille may be intrusted in
his absence. What you are to represent, and earnestly to urge with the Bussian
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 Bussian
Minister that this consideration "weighs with us most particularly, because the hope
and promise of some amicable and satisfactory arrangement touching the Ukase of
1821, has been so often confidently held out to Parliament, that we look forward with
great anxiety to the discussions which might arise upon a fresh disappointment of those
expectations. |g|
I am, &c.
(Signed) GEOBGE CANNING.
No, 50,
Sir C. Bagot to Mr. G. Canning.—(Receiced October 23.)
(No. 46.)
(Extract.) Washington, August 31, 1824.
THE Count de Medem, a gentleman in the service of the Emperor of Bussia,
reached this place some days since as bearer to the Bussian Envoy of the Convention
relative to the trade in the North Pacific and coast of America, lately concluded
at St. Petersburgh between the Court of Bussia and the United States. The inclosed
extract from the "National Intelligencer," which may be considered official, presents
a synopsis of that Treaty Article by Article.
Inclosure in No. 50.
Extract from the "National Intelligencer" of August 3, 1824.
Convention with Bussia.—Mr. Lucius Bull, who arrived in this city a few days
ago, was the bearer of despatches from our Minister at St. Petersburgh. By these it
appears that a Convention was concluded on the 5th (17th) April last between
Mr. Middleton, on the part of the United States, and Count Nesselrode and
M. Poletica on the part of Bussia. We understand that the Convention consists of
six Articles, in which all the points in dispute between the two Governments are
adjusted, in a manner the most honourable and advantageous to this country.
Wmmm Ml
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I
The 1st Article authorizes the free navigation of the Pacific Ocean by both
Parties, and recognizes the right of fishing and of landing on all points of the west
coast not already occupied, in order to trade with the aborigines.
Und Article provides that the citizens or subjects of neither country shall
land at points occupied by either, without the permission of the Governor or
Commandant.
Illrd Article fixes the boundary-line at 54°, north of which the United States
are not to form Establishments, and south of which Bussia cannot advance.
IVth Article allows free entrance to both Parties for ten years into all the gulphs,
harbours, &c, of each for the purposes of fishing and trading with the natives.
Vth Article interdicts a trade in fire-arms and liquors, and provides that violations
of this Article shall be punished, not by seizure of the vessel, but by penalties to be
prescribed by each Government on its own citizens or subjects.
VI.—This Article prescribes that the ratification shall be changed within ten
months from the date of the Treaty.
This Convention may be regarded as a second signal effect of the manly and
independent Message of our President to the late Congress. If the Emperor
Alexander had left it to our own Government to fix the terms of the Treaty, it could
not more completely have secured all our interests in the Pacific. We congratulate
the country upon this new evidence of the excellence of the system which has been
pursued by our present Administration.
No. 51.
mm
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Mr. G. Canning to Count Lieven.
My dear Count Lieven, Ickworth, October 25, 1824.
I CANNOT refrain from sending to your Excellency the inclosed extract from an
American newspaper, by which you will see that I did not exaggerate what I stated
to you, as the American construction of the Convention signed at St. Petersburgh.
It is to this construction that I referred, when I claimed for England (as justly
quoted by Count Nesselrode) whatever was granted to other nations.
No limitations here of 59°.
Believe me, &c.
(Signed) GEOBGE CANNING.
P.S.—May I trouble your Excellency to return this paper to Mr. Planta as
(though only an extract from a newspaper) it is an inclosure in a despatch received
to-day.
G. C.
No. 52.
Mr. G. Canning to Mr. S. Canning.
(No. 1.)
Sir, Foreign Office, December 8,1824.
HIS Majesty having been graciously pleased to name you his Plenipotentiary for
concluding and signing with the Bussian Government a Convention for terminating
the discussions which have arisen out of the promulgation of the Bussian Ukase of
1821, and for settling the respective territorial claims of Great Britain and Bussia on
the north-west coast of America, I have received His Majesty's commands to direct
you to repair to St. Petersburgh 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 submitted
to your perusal, and I inclose to you a copy—
1. Of the " projet" which Sir Charles Bagot was authorized to conclude and sign
some months ago, and which we had every reason to expect would have been entirely
satisfactory to the Bussian Government.
2. Of a " contre-projet" drawn up by the Bussian Plenipotentiaries, and presented
to Sir Charles Bagot at their last meeting before Sir Charles Bagot's departure from
St. Petersburgh. 73
3. Of a despatch from Count Nesselrode, accompanying the transmission of the
<( contre-projet" to Count Lieven.
In that despatch, and in certain marginal annotations upon the copy of the
"projet," are assigned the reasons of the alterations proposed by the ^Russian
Plenipotentiaries.
In considering the expediency of admitting or rejecting the proposed alterations,
it will be convenient to follow the Articles of the Treaty in the order in which they
stand in the English § projet."
You will observe in the first place that it is proposed by the Bussian 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 cannot agree, for the very reason which Count Nesselrode
alleges in favour of it, viz., that the I economie " or arrangement of the Treaty ought
to have reference to the history of the negotiation.
The whole negotiation grows out of the Ukase of 1821.
So entirely and absolutely true is this proposition that the settlement of the limits
of the respective possessions of Great Britain and Bussia on the north-west coast of
America was proposed by us only as a mode of facilitating the adjustment of the
difference arising from the Ukase by enabling the Court of Bussia, under cover of the
more comprehensive arrangement, to withdraw, with less appearance of concession,
the offensive pretensions of that Edict.
It is comparatively indifferent to us whether we hasten or postpone all questions
respecting the limits of territorial possession on the Continent of America, but the
pretensions of the Bussian Ukase of 1821 to exclusive dominion over the Pacific could
not continue longer unrepealed 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 solicitude 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 Bussia 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 Bussian Government to their cruizers 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 Bussian claim to the
possession of the coast of America down to latitude 59 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 1800, 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 Pacifick cannot
be held as matter of indulgence from any Power. Having once been publickly
questioned, it must be publickly 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 brought in as an
incidental consequence of other arrangements to which we attach comparatively little
importance.
This stipulation stands in the front of the Convention concluded between Bussia
and the United States of America; and we see no reason why upon similar claims we
should obtain exactly the like satisfaction. fe
For reasons of the same nature we cannot consent that the liberty of navigation
through Behring's Straits should be stated in the Treaty as a boon from Bussia.
The tendency of such a statement would be 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.
No specification of this sort is found in the Convention with the United States of
America, and yet it cannot be doubted that the Americans consider themselves as
secured in the right of navigating Behring's Straits and the sea beyond them.
[661] U
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ill:
It cannot be expected that England should receive as a boon that which the
United Spates hold as a right so unquestionable as not to be worth recording.
Perhaps the simplest course after all will be to substitute, for all that part of the
| projet" and 1 counter-projet " which relates to maritime rights and to navigation, the
first two Articles of the Convention already concluded by the Court of St. Petersburgh
with the United States of America, in the order in which they stand in that Convention.
Bussia cannot 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 materid gives clearness and force to both
arrangements, and will establish that footing of equality between the several Contracting Parties which it is most desirable should exist between three Powers whose
interests come so nearly in contact with each other in a part of the globe in which no
other Power is concerned.
This therefore is what I am to instruct you to propose at once to the Bussian
Minister as cutting short an otherwise inconvenient discussion.
This expedient will dispose of Article I of the | projet " and of Article V and VI
of the I contre-projet."
The next Articles relate to the territorial demarcation, and upon them I have
only to make the following observations :—
The Bussian Plenipotentiaries propose to withdraw entirely the limit of the
lisiere on the coast which they were themselves the first to propose, viz., the
summit of the mountains which run parallel to the coast, and which appear, according
to the Map, to follow all its sinuosities, and to substitute generally that which we only
suggested as a corrective of their first proposition.
We cannot agree to this change. It is quite obvious that the boundary of
mountains, where they exist, is the most natural, and effectual boundary. The inconvenience against which we wished to guard was that which you know and can
thoroughly explain to the Bussian Plenipotentiaries to have existed on the other side
of the American Continent, when mountains laid down in a Map as in a certain given
position, and assumed 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 differently
situated, a discovery which has given rise to the most perplexing discussions. Should
the Maps be no more accurate as to the western than as to the eastern mountains, we
might be assigning to Bussia immense tracts of inland territory, where we only
intended to give and they only intended to ask, a strip of sea coast.
To avoid the chance of this inconvenience we proposed to qualify the general
proposition, | that the mountains should be the boundary, with the condition if those
mountains should not be found to extend beyond 10 leagues-from the coast." The
Bussian Plenipotentiaries now propose to take the distance invariably as the rule.
But we cannot consent to this change. The mountains, as I have said, are a more
eligible boundary than any imaginary line of demarcation, and this being their own
original proposition the Bussian Plenipotentiaries cannot reasonably refuse to adhere
to it.
Where the 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 I had signified 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 59 to the northward.
The extension required is from 139° to 141° West longitude, the latter being the parallel
which falls more directly on Mount Elias.
With regard to the port of Sitka, or New-Archangel, the offer came originally
from Bussia, but we are not disposed to object to the restriction which she now
applies to it.
We are content that the port shall be open to us for ten years, provided only that
if any 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 reciprocal liberty of
access and commerce with each other's territories, which stipulation may be best stated
precisely in the terms of Article 4 of the American Convention.
These, I think, are the only points in which alterations are required by Bussia.
And' we have no other to propose.
A "projet "such as it will stand according to the observations of this despatch is 75
inclosed, which you will understand as furnished to you as a guide for the drawing up
of the Convention, but not as prescribing 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 Bussian Plenipotentiares that by the adoption of the
American A.rticle respecting navigation, &c, the provision for an exclusive fishery of
2 leagues from the coasts of our respective possessions falls to the ground.
But the omission is in truth immaterial.
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 specific stipulation of 2 leagues, in
ignorance of what had been decided in the American Convention, at the time, yet,
after that Convention has been some months before the world, and after the opportunity
of consideration has been forced upon us by the act of Bussia herself, we cannot now
consent, in negotiating de novo, to a stipulation which, while it is absolutely unimportant to any practical good, would appear to establish a contract between the United
States and us to our disadvantage.
Count Nesselrode himself has frankly admitted that it was natural that we should
expect, and reasonable that we should receive, at the hands of Bussia, equal measure,
in all respects, with the United States of America.
It remains only in recapitulation, to remind you of the origin and principles 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 arrogation of
exclusive jurisdiction over an ocean of unmeasured extent; but a demand qualified
and mitigated in its manner, in order that its justice may be acknowledged and satisfied
without soreness or humiliation on the part of Bussia.
We negotiate about territory to cover the remonstrance upon principle.
But any attempt to take undue advantage of this voluntary facility, we must
oppose.
If the present §1 Projet" is agreeable to Bussia, we are ready to conclude and sign
the Treatv.
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 limits hereafter.
But we are not prepared to defer any longer the settlement of that essential part
of the question, and if Bussia will neither sign the whole Convention nor that 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 protest against the pretensions of the Ukase of 1821, and of
effectually securing our own interests against the possibility of its future operation.
I am, &c.
(Signed) GEOBGE CANNING.
<m
No. 53.
Mr. Addington to Mr. G. Canning.-—(Received March 4.)
(No. 9.)
Sir, Washington, January 29, 1825.
I HAVE the honour to transmit to you herewith an official copy of the Convention
concluded on the 5th (17th) April last, between the United States and Bussia, and
ratified on the 12th instant by the President, for defining the extent of the rights of
either nation to the navigation of the Northern Pacific, and their traffic and intercourse
with the north western coast of America.
I have, &c.
(Signed)
H. U. ADDINGTON. Hi
iii
6
Inclosure in No. 53.
13th Congress, 2nd Session.
Message from the President of the United States, transmitting a Copy of the Convention
between the United States and the Emperor of Russia. Concluded at St. Petersburgh
on the 5th of April last.
January 21, 1825.—Bead: ordered that it lie upon the table.
Message.
To the House of Bepresentatives of the United States.
I COMMUNICATE herewith, to both Houses of Congress, copies of the Convention between the United States and His Majesty the Emperor of All the Bussias,
concluded at St. Petersburgh on the 5th (17th) of April last, which has been duly
ratified on both sides, and the ratifications of which were exchanged on the 11th
1 y\ Q T K\ Yl T*
(Signed) JAMES MONBOE.
Washington, January 18, 1825.
By the President of the United States of America.
A Proclamation.
Whereas a Convention between the United States of America and His Majesty
the Emperor of All the Bussias, was concluded and signed at St. Petersburgh, on the
5th (17th) day of April, in the year of Our Lord one thousand eight hundred and
twenty-four; which Convention, being in the French language, is, word for word, as
follows, a translation of the same being hereto annexed:
(Original.)
Au nom de la Trds-Sainte et Indivisible Trinite\
Le President des Etats-Unis d'Amerique,
et Sa Majeste l'Empereur de Toutes les
Bussies, voulant cim enter les liens d'amitie
qui les unissent, et assurer entre eux le
maintien invariable d'un parfait accord,
moyennant la presente Convention, ont
nomme pour leurs Plenipotentiaires a cet
effet, savoir : Le President des Etats-
Unis d'Amerique, le Sieur Henry Middle-
ton, citoyen des dits Etats, et leur Envoye
Extraordinaire et Ministre Pienipotentiaire
pres Sa Majeste Imperiale ; et Sa Majeste
l'Empereur de Toutes les Bussies, ses amis
et feaux les Sieurs Charles Bobert, Comte
de Nesselrode, Conseiller Prive actuel,
Membre du Conseil d'Etat, Secretaire
d'Etat dirigeant le Ministere des Affaires
Etrangeres, Chambellan actuel, Chevalier
de l'Ordre de St. Alexandre Nevsky, Grand-
Croix de l'Ordre dq St. Wladimir de la
premiere classe, Chevalier de celui de
l'Aigle Blanc de Pologne, Grand-Croix de
l'Ordre de St. Etienne d'Hongrie, Chevalier
des Ordres du St. Esprit et de St. Michel
et Grand-Croix de celui de la Legion
d'Honneur de France,  Chevalier Grand-
translation.)
In the name of the Most Holy and Indivisible Trinity.
The President of the United States of
America and His Majesty the Emperor of
All the Bussias, wishing to cement the
bonds of amity which unite them, and to
secure between them the invariable
maintenance of a perfect concord, by
means of the present Convention, have
named as their Plenipotentiaries to this
effect, to wit : The President of the
United States of America, Henry Middle-
ton, a citizen of said States, and their
Envoy Extraordinary and Minister Plenipotentiary near His Imperial Majesty;
and His Majesty the Emperor of All the
Bussias, his beloved and faithful Charles
Bobert, Count of Nesselrode, actual Privy
Counsellor, Member of the Council of
State, Secretary of State directing the
Administration of Foreign Affairs, actual
Chamberlain, Knight of the Order of St.
Alexander Nevsky, Grand Cross of the
Order of St. Wladimir of the first 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 of St. Michael, and &*
77
Croix des Ordres de l'Aigle Noir et de
l'Aigle Bouge de Prusse, de TAnonciade de
Sardaigne, de Charles III d'Espagne, de
St. Ferdinand et du Merite de Naples, de
l'Eiephant de Danemarc, de l'Etoile
Polaire de Suede, de la Couronne de
Wurtemberg, des Guelphes de Hanovre,
du Lion Beige, de la Fideiite de Bade, et
de St. Constantin de Parme; et Pierre
de Poletica, Conseiller d'Etat actuel,
Chevalier de l'Ordre de Ste. Anne de la
premiere classe, et Grand-Croix de l'Ordre
de St. Wladimir de la seconde; lesquels,
apres avoir ediange leurs pleins pouvoirs,
trouves en bonne et due forme, ont arrete
et signe les stipulations suivantes : —
Grand Cross of the Legion of Honour of
France, Knight Grand Cross of the Orders
of the Black and of the Bed Eagle of
Prussia, of the Annunciation of Sardinia,
of Charles III 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 Wurtemberg, of the
Guelphs of Hanover, of the Belgic Lion,
of Eidelity of Baden, and of St. Constan-
tine 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. Wladimir
of the second; who, after having exchanged their full powers, found in good
^nd due form, having agreed upon and
signed xthe following stipulations:—
ABTICLE I.
II est convenu que dans aucune partie
du Grand Ocean, appele communement
Ocean Pacfique ou Mer du Sud, les
citoyens ou sujets respectifs des Hautes
Puissances Contractantes ne seront ni
troubles, ni genes, soit clans la navigation,
soit dans l'exploitation de la peche, soit
dans la faculte d'aborder aux cotes sur
des points qui ne seroient pas deja,
occupes, afin d'y faire le commerce avec
les indigenes, sauf toutefois les restrictions
et conditions determinees par les Articles
qui suivent.
ABTICLE   II.
Dans la vue d'empecher que les droits
de navigation et de peche exerces sur le
Grand Ocean par les citoyens et sujets
des Hautes Puissances Contractantes ne
deviennent le pi-etexte d'un commerce
illicite, il est convenu que les citoyens
des Etats-Unis n'aborderont a aucun point
ou il se trouve un Etablissement Busse,
sans la permission du Gouverneur ou
Commandant; et que reciproquement les
sujets Busses ne pourront aborder sans
permission a aucun Etablissement des
Etats-Unis sur la cdte nord-ouest.
ABTICLE I.
it is agreed that in any part of the
Great Ocean, commonly called the Pacific
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
fishing, or in the power of resorting to the
coasts" upon points which may not already
have been occupied, for the purpose of
.trading" with the natives, saving always
the restrictions and conditions determined
by the following Articles :
ABTICLE  II.
With the view of preventing the rights
of navigation and of fishing, exercised,
upon the Great Ocean by the citizens and
subjects of the High Contracting Powers,
from becoming the 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 Bussian Establishment,
without the permission of the Governor or
Commander; and that, reciprocally, the
subjects of Bussia shall not resort, without permission, to any Establishment of
the United States upon the north-west
coast.
ABTICLE III.
II est convenu en outre, que dorenavant
il ne pourra etre forme par les citoyens
des Etats-Unis, ou sous l'autorite des dits
Etats, aucun Etablissement sur la cote
nord-ouest d'Amerique, ni dans aucune
des iles adjacentes au nord du 54° 40^ de
latitude septentrionale; et que de meme
il n'en pourra etre forme aucun par des
sujets Busses, ou sous l'autorite de la
Bussie, au sud de la meme parallele.
f661]
ABTICLE III.
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 north-west coast of America, nor
in any of the islands adjacent, to the north
of 54° 40' of north latitude; and that, in
the same manner there shall be none
formed by Bussian subjects, or under
the authority of Bussia, south of the same
parallel.
mm
lansi 78
n
,    ABTICLE IV.
II est neanmoins entendu que pendant
un terme de dix annees a compter de la
signature de la presente Convention, les
vaisseaux des deux Puissances, ou qui
appartiendroient a leurs citoyens ou sujets
respectifs, pourront reciproquement frequenter, sans entrave quelconque, les mers
interieures, les golfes, havres, et cliques
sur la c6te mentionnee dans l'Article precedent, afin d'y faire la peche et le commerce avec les naturels du pays.
ABTICLE 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 hindrance whatever, the interior seas, gulfs, herbours, and creeks
upon the coast mentioned in the preceding
Article, for the purpose of fishing and
trading with the natives of the country.
ABTICLE V.
Sont toutefois exceptees de ce meme
commerce accorde par l'Article precedent,
toutes les liqueurs spiritueuses, les armes
a feu, armes blanches, poudre, et munitions de guerre de toute espece, que les
deux Puissances s'engagent reciproquement a ne pas vendre, ni laisser vendre
aux indigenes par leurs citoyens et sujets
respectifs, ni par aucun individu qui se
trouveroit sous leur autorite. II est egale-
ment stipule que cette restriction ne pourra
jamais servir de pretexte, ni etre alleguee
dans aucun cas, pour autoriser soit la visite
ou la detention des vaisseaux, soit la saisie
de la marchandise, soit enfin des mesures
quelconques de contrainte envers les arma-
teurs ou les equipages qui feroient ce
commerce; les Hautes Puissances Contractantes s'etant reciproquement 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.
ABTICLE VI.
Lorsque cette Contravention aura ete
duement ratifi.ee par le President des Etats-
Unis de l'avis et du consentement du
Senat, d'une part, et de l'autre par Sa
Majeste l'Empereur de Toutes les Bussies,
les ratifications en seront echangees a
Washington dans le deiai de dix mois de
la date ci-dessous ou plutdt si faire se
peut. En foi de quoi les Plenipotentiaires
respectifs l'ont signee, et y ont fait apposer
les cachets de leurs armes.
Eait a St. Petersbourg le 5 (17) Avril
de Tan de grace mil huit cent vingt-
quatre.
(L.S.)    HENBY MIDDLETON.
(L.S.)    Le Comte C. DE NESSELRODE.
(L.S.)    PIEBBE DE POLETICA.
ABTICLE V.
All spirituous liquors, fire-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 reciprocally neither to
sell, or suffer 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 restriction shall never
afford a pretext, nor be advanced, in any
case, to authorize either search or detention of the vessels, seizure of the merchandize, or, in fine, 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 penalties
to be incurred, and to inflict the punishments in case of the contravention of this
Article, by their respective citizens or
subjects.
ABTICLE VI.
When this Convention shall have been
duly ratified by 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 Bussias, the ratifications shall
be exchanged at Washington in the space
of ton months from the date below, or
sooner if possible. In faith whereof the
respective Plenipotentiaries have signed
this Convention, and thereto affixed the
seals of their arms.
Done at St. Petersburg the 5th (17th)
April of the year of Grace one thousand
eight hundred and twenty-four.
(L.S.)    HENBY MIDDLETON.
(L.S.)    Le Comte C. DE NESSEL-
BODE.
(L.S.)    PIEBBE DE POLETICA.
And whereas the said Convention has been duly ratified on both parts, and the
respective ratifications of the same were exchanged at Washington, on the eleventh
MHBH
mma day of the present month, by John Quincy Adams, Secretary of State of the
United States, and the Baron de Tuyll, Envoy Extraordinary and Minister Plenipotentiary of His Imperial Majesty, on the part of their respective Governments :
Now, therefore, be it known that I, James Monroe, President of the United
States, have caused the said Convention to be made public, to the end that the same,
and every clause and Article thereof, may be observed and fulfilled with good faith by
the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.
Done at the city of Washington this twelfth day of January, in the year of Our
Lord one thousand eight hundred and twenty-five, and of the Independence of the
United States the forty-ninth.
(Signed) JAMES MONBOE.
By the President:
(Signed) James Quincy Adams,
Secretary of State.
No. 54.
Mr. S. Canning to Mr. G. Canning.—(Received March 2.)
(No. 13.)
Sir, St. Petersburgh, February 1 (13), 1825.
I AVAIL myself of the return of the messenger Meates to inform you that
yesterday evening I had my first conference with the Bussian Plenipotentiaries, Count
Nesselrode and M. de Poletica,
After mutually communicating our full powers, those of the Bussian Plenipotentiaries being the same which were exhibited to Sir Charles Bagot, I stated that the
" Projet" which I was prepared to give in, agreeably to your instructions, respecting the
differences 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 Government had
directed this negotiation, that it was now time to bring the negotiation, either in one
way or another, to its final conclusion, and, with this view, His Majesty's Ministers,
in empowering me to offer a new " Projet," had gone at once to the utmost extent of
concession, justified by their sense of duty, in order to remove the objections of the
Bussian Government.
On reading the " Projet," some difficulties were started and some discussion took
place; but I hold it unnecessary to trouble you with a more particular account of this
conference as the Bussian Plenipotentiaries were not then prepared to express any decided
opinion as to those parts of the " Projet" which do not entirely come up to their
proposals, and I have expressly reserved to myself the liberty of recording my
explanations in an official shape in the event of their persisting to object to any
essential part of its contents.
Count Nesselrode said that he hoped to be ready with his answer in the course of
a week. The Emperor's being again at Czarskoe-Zelo for two or three days may
possibly occasion some delay. \
I have, &c.
(Signed) STBATFOBD CANNING, g
No. 55.
Mr. G. Canning to Mr. S. Canning.
(No. 6.)
Sir, Foreign Office, March 15, 1825.
YOUB despatches to No. 13 inclusive have been received and laid before the King."
I inclose to you a copy of a despatch received from Mr. Addington, by which you
will see that the Government and Senate of the United States have ratified the Treaty
of   North-West American  Boundaries and  Navigation,  which was   negotiated   at
St. Petersburgh last year.
It is hardly necessary to point out to you the additional force which the conclusion of this transaction gives to that part of your instructions on the same subject,
[661] T
m
lb
ft %l\
80
which prescribes the demand for this country of terms as favourable as those which
have been obtained by the United States.
I am, &c.
(Signed) GEOBGE CANNING.
No. 56.
Mr. S. Canning to Mr. G. Canning.—(Received March 21.)
(No. 15.)
Sir, St. Petersburgh, February 17 (March 1),'J825.
BY the messenger Latchford I have the honour to send you the accompanying
Convention between His Majesty and the Emperor of Bussia respecting the Pacific
Ocean and North-West Coast of America, which, according to your instructions, I
concluded and signed last night with the Bussian Plenipotentiaries.
The alterations which, at their instance, I have admitted into the " Projet" such as I
presented it to them at first, will be found, I conceive, to be in strict conformity with
the spirit and substance of His Majesty's commands. The order of the two main
subjects of our negotiation, as stated in the preamble of the Convention, is preserved
in the Articles of that instrument. The line of demarcation along the strip of land on
the north-west coast of America assigned to Bussia is laid down in the Convention
agreeably to your directions, notwithstanding some difficulties raised on this point, as
well as on that which regards the order of the Articles, by the Bussian Plenipotentiaries.
The instance in which you will perceive that I have most availed myself of the
latitude afforded by your instructions to bring the negotiation to a satisfactory and
prompt conclusion, is the division of the third Article of the new "Projet," as it stood
when I gave it in, into the third, fourth, and fifth Articles of the Convention signed
by the Plenipotentiaries.
This change was suggested by the Bussian Plenipotentiaries, and at first it was
suggested in a shape which appeared to me objectionable; but the Articles, as they are
now drawn up, I humbly conceive to be such as will not meet with your disapprobation.
The second paragraph of the fourth Article had already appeared parenthetically in
the third Article of the " Projet," and the whole of the fourth Article is limited in its
signification and connected with the Article immediately preceding it, by the first
paragraph.
With respect to Behring's Straits, I am happy to have it in my power to assure
you, on the joint authority of the Bussian Plenipotentiaries, that the Emperor of
Bussia has no intention whatever of maintaining any exclusive claim to the navigation of those straits, or of the seas to the north of them.
It cannot be necessary, under these circumstances, to trouble you with a more
particular account of the several conferences which I have held with the Bussian
Plenipotentiaries; and it is but justice to state that I have found them disposed,
throughout this latter stage of the negotiation, to treat the matters under discussion
with'fairness and liberalitv.
As two originals of the Convention prepared for His Majesty's Government are
signed by the Plenipotentiaries, I propose to leave one of them with Mr. Ward for the
archives of the Embassy.
I have, &c.
(Signed) STBATFOBD CANNING.
No. 57.
Mr. S. Canning to Mr. G. Canning.—(Received May 3.)
(No. 30.)
Sir, St. Petersburgh, April 3 (15), 1825.
I BEG leave to trouble you with a few words in acknowledgment of your two
despatches, the one containing a copy of a letter addressed by you to his Excellency
Prince de Polignac on the subject of certain oyster fisheries lying between the Island
of Jer^y and the adjacent coast of France; and the other inclosing a despatch from
Mr. Addington to you, announcing the ratification of the Convention concluded last
year between Bussia and the United States touching the navigation of the Pacific
Ocean and other matters connected with that subject. 81
m
I trust that the objects to which the communications transmitted with those
despatches relate have been found to be sufficiently secured by the Convention, which,
under your instructions, I have signed, during my residence here, in concert with the
Bussian Plenipotentiaries.
With respect to the right of fishing, no explanation whatever took place between
the Plenipotentiaries and myself in the course of our negotiations. As no objection
was started by them to the Article which I offered in obedience to your instructions,
I thought it unadvisable to raise a discussion on the question; and the distance from
the coast at which the right of fishing is to be exercised in common passed without
specification, and consequently rests on the law of nations as generally received.
Conceiving, however, at a later period that you might possibly wish to declare
the law of nations thereon, jointly with the Court of Bussia, in some ostensible shape, I
broached the matter anew to Count Nesselrode, and suggested that he should authorize
Count Lieven, on your invitation, to exchange notes with you declaratory of the law
as fixing the distance at 1 marine league from the shore.
Count Nesselrode replied that he should feel embarrassed in submitting this
suggestion to the Emperor just at the moment when the ratifications of the Convention w7ere on the point of being dispatched to London; and he seemed exceedingly
desirous that nothing should happen to retard the accomplishment of that essential
formality. He assured me at the same time that his Government would be content, in
executing the Convention, to abide by the recognized law of nations; and that, if any
question should hereafter be raised upon the subject, he should not refuse to join in
making the suggested declaration, oh being satisfied that the general rule under the
law of nations was such as wTe supposed.
Having no authority to press the point in question, I took the assurance thus
given by Count Nesselrode as sufficient, in all probability, to answer every national
purpose.
Beferring to the American Treaty I am assured, as well by Count Nesselrode as
by Mr. Middleton, that the ratification of that instrument was not accompanied with
any explanations calculated to modify or affect in any way the force and meaning of
its Articles. But I understand that, at the close of the negotiation of that Treaty, a
Protocol, intended by the Bussians to fix more specifically the limitations of the
right of trading with their possessions, and understood by the American Envoy as
having no such effect, was drawn up and signed by both parties. No reference whatever was made to this paper by the Bussian Plenipotentiaries in the course of my
negotiation with them; and you are aware, Sir, that the Articles of the Convention
which I concluded depend for their force entirely on the general acceptation of the
terms in which they are expressed,
I have, &c.
(Signed) STBATFOBD CANNING,
HI
II
SfR-
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1
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Mmmm22»  mmt^^^^mmmmmm
Pabt 2.
I
SELECTIONS PROM CORRESPONDENCE BETWEEN
UNITED STATES AND RUSSIA, 1822-87. TABLE OF CONTENTS.
No.
1
2
3
4
5
6
7
8
9
10
11
32
13
14
15
16
17
18
19
tame.
M.   de    Poletica    to
Mr. Adams
Mr. Adams to M. de
Poletica
Mr.   Adams   to   Mr.
Middleton
Mr.   Adams  to   Mr.
Rush
Confidential Memorial
by  Mr.   Middleton
forwarded    to   Mr.
Adams
Mr. Forsyth to   Mr.
Dallas
Mr.    Dallas   to   Mr.
Forsyth
Mr. Dallas to Count
Nesselrode
Mr.   Forsvth  to   Mr.
Dallas
Count   Nesselrode  to
Mr. Dallas
Mr. Dallas to  Count
Nesselrode
Mr.   Seward   to   Mr.
Clay
Mr. Frelinghuysen to
Mr. Hoffman
Mr. Hoffman  to  Mr.
Frelinghuysen
Date.
>>
Mr.  Lothrop   to  Mr,
f Bayard
»
Feb.  28, 1822
Mar. 30,
July  22, 1823
22,
Dec.    I
May    4, 1837
Aug 16,
15 (27),
Nov.    3,
Feb.   23,  1838
Mar.    5 (17),
Feb.  24, 1868
Mar.    7, 1882
14,
27,
May   22,
June 14,
Feb.  17, 1887
17,
Subject.
Page~
Explains principles on which limits of Russian
- possessions on north-west coast are founded
Expresses  hope  that  citizens  of the  United
States will not be interfered with under the
. JMifit if exercising right of navigation within
100 miles of coast north of latitude 51°
United States cannot admit claims of Russian
Government   .. .. .. ,.
Discusses claims of Bussia under Ukase
Ditto.    Ditto
Calls attention to seizure of the | Loriot"
As to  Russian establishments on  north-west
Submits case   of | Loriot | to  notice  of the
Russian Government
Construction  to  be placed on Convention  of
April 1824    ..
Replies as to seizure of the | Loriot |
Regrets decision of Russian Government in
case of the " Loriot." Hopes that it may
be reconsidered
Regarding the seizure of the " Java "
Incloses correspondence with Messrs. Lynde
and Hough relative to Notice issued by
Russian Consul at Yokohama as to hunting
and fishing in Sea of Okhotsk
Acknowledges receipt of No. 13
Further as to claims of Russian Government
in Sea of Okhotsk
Incloses   copy  of   letter  from  M.   de   Giers
regarding   Notice   by   Russian    Consul  at
Yokohama     .. .. ,. ..
Forwards letter from M.  de Giers, inclosing
Articles  of   Code governing   hunting  and
fishing in Russian waters
Incloses  letter from  General  Vlangaly as to
seizure of the 1 Henrietta |
Incloses   letter from   General  Vlangaly as to
seizure of " Eliza "
4
6
8
9
10
10
11
12
16
16
18
19
19
20
21
22
^mmm
mmmmsf
mm Selections from Correspondence between the United States
and Russia, 1822-87.
No. 1.
m
n^
The Chevalier de Poletica to the Secretary of State.
Sir, Washington, February 28, 1822.
I RECEIVED two days since the letter which you did me the honour to address to me
on the same day, by order of the President of the United States, in answer to.my note of the
11th current, by which I discharged the orders of my Government in communicating to you
the new Regulation adopted by the Russian-American Company, and sanctioned by His
Majesty the Emperor, my august Sovereign, on the 4th (16th) September, 1821, relative
to foreign commerce in the waters which border upon the establishments of the said
Company on the north-west coast of America.
Readily yielding^ Sir, to the desire expressed by you in your letter of knowing the
rights and principles upon which are founded the determinate limits of the Russian
possessions on the north-west coast of America from Behring Strait to the 51st degree of
north latitude, I am happy to fulfil this task by only calling your attention to the following
historical facts, the authenticity of which cannot be contested. The first discoveries of the
Russians on the north-west continent of America go back to the time of the Emperor
Peter I. 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 (Mean.
In 1728 the celebrated Captain Behring made his first voyage.
The recital of his discoveries attracted the attention of the Government, and the
Empress Anne intrusted to Captain Behring (1741) a new expedition in these same
latitudes. She sent with him the Academicians Gmelin, Delile de la Crayere, Muller,
Steller, Fischer, Krasilnicoff, Kraecheninicoff, and others ! and the first Chart of these
countries which is known was the result of their labours, published in 1758. Besides the
strait which bears the name of the chief of this expedition, he discovered a great part of the
islands which are found between the two continents. Cape or Mount St. Elias, which
still bears this name upon ail the Charts, was so called by Captain Behring, who discovered
it on the day of the feast of this saint; and his second, Captain Tchiricoff, pushed his
discoveries as far as the 49th degree of north latitude.
The first private expeditions undertaken upon the north-west coast of America go
back as far as the year 1743.
In 1763 the Russian establishments had already extended as far as the Island of
Kodiak (or Kichtak). In 1778 Cook found them at Ounalaska, and some Russian
inscriptions at Kodiak. Vancouver saw the Russian establishment in the Bay of Kinai.
In fine, Captains Mirs, Portlock, La Peyrouse, unanimously attest the existence of Russian
establishments in these latitudes.
If the Imperial Government had at the time published the discoveries made by the
Russian navigators after Behring and Tchiricoff, viz., Chlodiloff, Serebreanicoff, Krasilnicoff, Paycoff, Poushcareff, Lazereff, Medwedeff, Solowieff, Lewasheff, Kremtsin, and
-others, no one could refuse to Russia the right of first discovery, nor could even any one
deny her that of first occupation. '
Moreover, when D. Jose Martinez was sent in 1789 by 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 Government 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 Russsan 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
42° 59' of north latitude.
When in 17$9 the Emperor Paul I granted to the present American Company its
first Charter, he gave it the exclusive possession of the north-west coast of America, which.
[653] B
s- If
belonged to Russia, from the 55th degree of north latitude to Behring Straits. He
permitted them to extend their discoveries to the south, and there to form establishments,
provided that they did not encroach upon the territory occupied by other Powers.
This act, when made public, 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
60th degree.
When the Government of the United States treated with Spain for the cession of a
part of the north-west coast, it was able to acquire, by the Treaty of Washington, the
right to all that belonged to the Spaniards north of the 42nd degree of latitude; but
this Treaty says nothing positive concerning the northern boundary of this cession,
because, in fact, Spain well knew that she could not say that the coast as far as the
*60th degree belonged 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 north-west coast, specified in
the Regulation of the Russian-American Company, rest upon the three bases required by
the general law of nations and immemorial usage among nations—that is, upon the title of
first discovery; 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,
consequently, 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 certain extent of the
north-west coast of America, claimed by the United States, only devolves upon them in
virtue of the Treaty of Washington, 1819 (and I 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 possessions upon the same coast, because
Spain herself had never pretended to such a right.
The Imperial Government, in assigning for limits to the Russian possessions on the
north-west 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 navigators, who were the first to explore that part of the American Continent in
1741, pushed their discovery as far as the 49th 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
Colun ibia, which is found under the 46th degree of the same latitude.
All these considerations united have concurred in inspiring the Imperial Government
with an entire conviction that, in the last arrangements adopted in Russia relative to her
possessions on the north-west coast, the legitimate right of no foreign Power has been
infringed. In this conviction the Emperor, my august Sovereign, has judged that his good
ri°;ht, and the obligation imposed by Providence upon him to protect, with all his power,
the interests of his subjects, sufficiently 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 exposition of the motives which determined the
Imperial Government to prohibit foreign vessels from approaching the north-west coast of
America belonging to Russia within the distance of at least 100 Italian miles. This
however  severe  it  may at first view appear, is, after  all, but  a  measure of
measure,
prevention. It is exclusively directed against the culpable enterprises of foreign adventurers, who, not content with exercising upon the coasts above mentioned an illicit trade,
very prejudicial to the rights reserved entirely to the Russian-American Company, take
upon them besides to furnish arms and ammunition 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 remonstrances on the part of Russia to the Federal Government, from the time that Diplomatic Missions were organized between the two countries.
These remonstrances, repeated at different times, remain constantly without effect, and
the inconvenience to which they ought to bring a remedy continues to increase.
The Imperial Government, respecting the intentions of the American Government,
has always abstained from attributing the ill-success of its remonstrances to any other
motives than those wich flow, if I may be allowed the expression, from the very 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 rectitude of the
American, Government cannot exempt him from the care which his sense of justice
towards his own subjects imposes upon him. Pacific means not having brought an
alleviation to the just grievances of the Russian-American Company, against foreign
navigation in the waters which environ their establishments on the north-west coast of
America, the Imperial Government saw itself under the necessity of having recourse to
the means of coercion, and of measuring the rigour according to the inveterate character
of the evil to which it wished to put a stop. Yet it is easy to discover, on examining
closely the last Regulation of the Russian-American Company, that no spirit of hostility
bad anything to do with its formation. The most minute precautions have been taken in
it to prevent abuses of authority 011 the part of Commanders of Russian cruizers
appointed for the execution of said Regulation.     At the same time, it has not been
MHP neglected to give all the timely publicity necessary to put those on their guard against
whom the measure is aimed.
Its action, therefore, can only 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 very rare; if all
remains as at present—not one.
• I ought, in the last place, to request you to consider, Sir, that the Russian possessions
in the Pacific Ocean extend on the north-west 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 45th 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 sovereignty, and especially that of
interdicting the entrance of foreigners. But it preferred only asserting its essential rights,
without taking advantage of localities.
The Emperor, my august Sovereign, sets a very high value upon the maintenance of
the relations of amity and good understanding which have till now subsisted 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 United 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 United States—
she who has constantly respected them in those difficult circumstances in which Europe has
been seen to be placed in
have been unable to avert.
the latter times, and the influence of which the United States
I avail. &c.
(Signed)
PIERRE DE POLETICA.
No. 2.
Mr. Adams to M. de Poletica.
Sir, Department of State, Washington, March 30, 1822.
I HAVE had the honour of receiving your letter of the 28th ultimo, which has been
submitted to the consideration of the President of the United States.
From 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 north-west coast of America to the 51st degree of north latitude, its only
foundation appears to be the existence of the small Settlement of Novo Archangelsk,
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 51st degree is
equidistant from the Settlement of Novo Archangelsk and the establishment of the United
States at the mouth of the Columbia River; but from the same statement it appears that,
in the year 1799, the limits prescribed by the Emperor Paul to the Russian-American
Company were fixed at the 55 th degree of latitude, and that, in assuming now latitude of
57°, a new pretension is asserted, to which no settlement made since the year 1799 has
given the colour of a sanction.
This pretension is to be considered not only with reference to the question of territorial rights, but also to that prohibition to the vessels of other nations, including those of
the United States, who approach within 100 Italian miles of the coast. From the period
of the existence of the United States as an independent nation, their vessels have freely
navigated those seas, and the right to navigate them is a part of that independence.
With regard to the suggestion that the Russian Government might have justified the
exercise of sovereignty over the Pacific Ocean as a close sea, because it claims territory
both on its American and Asiatic shores, it may suffice to say that the distance from
shore to shore on this sea, in latitude 51° north, is not less than 90 degrees of longitude, or
4,qp0 miles.
As little can the United States accede to the justice of the reason assigned for the
prohibition above mentioned. The right of the citizens of the United States to hold
commerce with aboriginal natives of the north-west coast of America, without the territorial jurisdiction of other nations, even in arms and munitions of war, is as clear and
indisputable as that of navigating the seas. That right has never been exercised in a spirit
unfriendly to Russia; and although general complaints have occasionally been made on the
subject of this commerce by some of your predecessors, no specific ground of charge has
ever been alleged by 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 punish. Had any such
charge been made, it would have received the most pointed attention of this Government
with the sincerest and firmest disposition to perform every act and obligation of justice to
yours which could have been required.
I am commanded 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 reciprocally enter-
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tained 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 effect will be given to an interdiction manifestly incompatible with
their rights.
(Signed)
,m, &c.
JOB?! QUINCY ADAMS.
No. 3.
Mr. Adams to Mr. Middleton*
Sir, Department of State, Washington, July 22, 1823.
I HAVE the honour of inclosing herewith copies of a note from Baron de Tuyll, the
Jlussian Minister recently arrived, proposing, on the part of His Majesty the Emperor of
Bussia, that a power should be transmitted to you to enter upon a negotiation with the
Ministers of his Government, concerning the differences which have arisen from the
Imp'erial Ukase of the 4th (16th) September, 1821, relative to the north-west coast of
America, and of the answer from this Department acceding to this proposal. A full power
is accordingly inclosed, and you will consider this letter as communicating to you the
President's instructions for the conduct of the negotiation.
From the tenour of the Ukase, the pretensions of the Imperial Government extend
to an exclusive territorial jurisdiction from the 45th degree of north latitude, on the
Asiatic coast, to the latitude of 51° north on the western coast of the American Continent;
and they assume the right of interdicting the navigation and the fishery of all other nations
to the extent of 100 miles Irom the whole of that coast.
The United States can admit no part of these claims. Their right of navigation and
of fishing is perfect, and has been in constant exercise 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 confined to certain islands north of the 55th degree of latitude, and
have no existence on the Continent of America.
The correspondence between M. Poletica and this Department contained no discussion
of the principles or of the facts upon which he attempted the justification of the Imperial
Ukase. This was purposely avoided on our part, under the expectation that the Imperial
Government could not fail, upon a review of the measure, to revoke it altogether. It did,
however, 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 (p. 370) written by a person fully master of the subject;
and for the view of it taken in England, I refer you to the 52nd number of" the " Quarterly
Review," the article upon Lieutenant Kotzebue's voyages. From the articles in the
" North American Review " it will be seen that the rights of discovery, of occupancy, and
of uncontested possession, alleged by M. 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 59°; that of New Archangel, cited by M. Poletica, in latitude
57° 30', being upon an island. So far as prior discovery can constitute a foundation of
right, the papers which I 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 weaker claims than on
north-west coast. "The great sinuosity," says Humboldt, "formed by the coast
between the 55th and 60th parallels of latitude embraces discoveries made by Gali, Behring,
and Tchirikoff, Quadra, Cook, La Perouse, Malespier, and Vancouver. No European
nation has yet formed an establishment upon the immense extent of coast from Cape
Mendosino to the 59th degree of latitude. Beyond that limit the Russian factories
commence, 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 communicate with each other only 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 Behring Bay, the Peninsula of Alaska, or the
country of the Ischugatschi, have become Russian provinces in the same sense given to
the word when speaking of the Spanish provinces of Sonora, or New Biscay." (Humboldt's
* New Spain," vol. ii, book 3, chapter 8, p. 496.)
In M. Poletica's letter of the 28th February, 1822, to me, he says that when the
Emperor Paul I granted to the present American Company its first Charter in 1799, he
gave it exefaswe possession of the north-west coast of America, which belonged to Russia,
from the 55th degree of north latitude, to Behring Strait.
In his letter of the 2nd April, 1822, he says that the Charter to the Russian-American
Company, in 1799, was merely conceding to them a part of the sovereignty, or rather
certain exclusive privileges of commerce.
This is the most correct view of the subject; The Emperor Paul granted to the
Russian-American Company certain exclusive privileges of commerce—exclusive with
reference to other Russian subjects; but Russia had never before asserted a right of
weteignty over any part of the North American Continent; and in 1799 the people of
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5
the United States had been at least for twelve years in the constant and uninterrupted
enjoyment of a profitable trade with the natives of that very coast, of which the Ukase of
the Emperor Paul could not deprive them.
It was in the same year, 1799, that the Russian Settlement at Sitka was first made,
and it was destroyed in 1802 by the natives of the country. There were, it seems, at the;
time of its destruction, three American seamen who perished with the rest, and a new
Settlement at the same place was made in 1804.
In 1808, Count Romanzoff, being then Minister for Foreign Affairs and of Commerce,
addressed to Mr. Harris, Consul of the United States at St. Petersburgh, a letter complaining of the traffic carried on by citizens of the United States with the native islandera
of the north-west coast, instead of trading with the Russian possessions in America. The
Count stated that the Russian Company had represented this traffic as clandestine, by
which means the savage islanders, in exchange for otter-skins, had been furnished with
fire-arms and powder, with which they had destroyed a Russian fort, with the loss of
several lives. He expressly disclaimed, however, any disposition on the part of Russia to
abridge this traffic of the citizens of the United States, but proposed a Convention by
which it should be carried on exclusively with the agents of the Russian-American Company
at Kodiak, a small island near the promontory of Alaska, at least 700 miles distant from
the other Settlement at Sitka.
On the 4th January, ] 810, M. Daschkoff, Charge" d'Affaires and Consul-General from
Russia, renewed this proposal of a Convention, and requested, as an alternative, that the
United States should, by a legislative act, prohibit the trade of their citizens with the
natives of the north-west coast of America, as unlawful and irregular, and thereby induce
them to carry on the trade exclusively with the agents of the Russian-American Company.
The answer of the Secretary of State, dated the 5th May, L810, declines those proposals
for reasons which were then satisfactory to the Russian Government, or to which, at least,
no reply on their part was made. Copies of these papers, and of those containing the
instructions to the Minister of the United States then at St. Petersburgh, and the relation
of his conferences with the Chancellor of the Empire, Count Romanzoff, on this subject,
are herewith inclosed. By them it will be seen that the Russian Government at that time
explicitly declined the assertion of any boundary-line upon the north-west coast, and that
the proposal of measures for confining the trade of the citizens of the United States
exclusively to the Russian Settlement at Kodiak, and with the agents of the Russian-
American Company, had been made by Count Romanzoff under the impression that thev
would be as advantageous to the interests of the United States as to those of Russia.
It is necessary now to say that this impression was erroneous. That the traffic of the
citizens of the United States with the natives of the north-west coast was neither
clandestine, nor unlawful, nor irregular. That it had been enjoyed many years before the
Russian-American Company existed, and that it interfered with no lawful right or claim of
Russia.
This trade has been shared also by the English, French, and Portuguese. In the
prosecution of it, the English Settlement of Nookta Sound was made, which occasioned the
differences between Great Britain and Spain in 1789 and 1790, ten years before the
Russian-American Company was first chartered.
It was in the prosecution of this trade that the American Settlement at the mouth of
the Columbia River was made in 1811, which was taken by the British during the late war,
and formally restored to them on the 6th October, 1818. By the Treaty of the 22nd
February, 1819, with Spain, the United States acquired all the rights of Spain north of
latitude 42°; and by the Hlrd Article of the Convention between the United States and
Great Britain of the 20th October, 1818, it was agreed that any country that might be
claimed by either party on the north-west coast of America, westward of the Stony
Mountain, should, together with its harbours, 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 Powers, 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 a signature of a Joint Convention between the United States, Great Britain, and
Russia.
The right of the United States from the 42nd to the 49th parallel of latitude on the
Pacific Ocean we consider as unquestionable, being founded (1) on the acquisition by the
Treaty of the 22nd February, 1819, of all the rights of Spain; (2) by the discovery of
the Columbia River, first, from sea at its mouth, and then by land by Lewis and Clarke;
and (3) by the Settlement at its mouth in 1811. This territory is to the United States of
an importance which no possession in North America can be of to any European nation,
not only as it is, but the continuity of their possessions from the Atlantic to the Pacific
Ocean, but as it offers their inhabitants the means of establishing hereafter water communications from the one to the other.
It is not conceivable that any possession upon the Continent of North America
should be of use or importance to Russia for any other purpose than that of traffic with
the natives. This was, in fact, the inducement to the formation of the Russian-American
Company, and to the Charter granted them by the Emperor Paul. It was the inducement to the Ukase of the Emperor Alexander. By offering free and equal access for a
term of years to navigation and intercourse with the natives to Russia, within the limits
to which our claims are indisputable, we concede much more than we obtain.    It is not.
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to he doubted that, long before the expiration of that time, our Settlement at the mouth
of the Columbia River will become so considerable as to offer means of useful and
commercial intercourse with the Russian Settlements on the islands of the north-west coast.
W7ith 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°.
If the Russian Government apprehended serious inconvenience from the illicit traffic
of foreigners with their Settlements on the north-west coast, it may be effectually guarded
against by 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 Ambassador at St. Petersburgh 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 Convention.    Your full power is prepared accordingly.
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, &c.
(Signed) JOHN QUINCY ADAMS.
No. 4.
Mr. Adams to Mr.. Rush.
Sir, Department of State, Washington, July 22, 1823.
AMONG the subjects of negotiation with Great Britain which are pressing upon the
attention of this Government is the present condition of the north-west coast of this
continent. This interest is connected, in a manner becoming from day to day more
important, with our territorial rights; with the whole system of our intercourse with the
Indian tribes ; with the boundary relations between us and the British North American
dominions ; with the fur trade ; the fisheries in the Pacific Ocean ; the commerce with the
Sandwich Islands and China; with our boundary upon Mexico; and lastly, with our
political standing and intercourse with the Russian Empire. . .  .
By the Ukase of the Emperor Alexander of the 4th (16th) September, 1821, an
exclusive territorial right on the north-west 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 other nations are interdicted by the same Ukase to the
extent of 100 Italian miles from the coast.
WThen M. 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 the 28th February and 2nd April, 1822, by alleging
"first discovery, occupancy, and uninterrupted possession. . . .
The United States and Great Britain have both protested against the Russian Imperial
Ukase of the 4th (16th) September, 1821.
At the proposal of the Russian Government a full power and instructions are now
transmitted to Mr. Middleton for the adjustment, by amicable negotiation, of the conflicting
claims of the parties on this subject.
We have been informed by the Baron de Tuyll that a similar authority has been given
on the part of the British Government to Sir Charles Bagot. . . .
The principles settled by tbe Nootka Sound Convention of the 28th October, 1790,
were—
1. That the rights of fishery in the South Seas, of trading with the natives of the
north-west coast of America, and of making Settlements on the coast itself for the purposes
of that trade, north of the actual Settlements of Spain, were common to all the European
nations, and of course to the United States.
2. 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
10 miles from the coasts so actually occupied.
3. That on the coasts of South America, and the adjacent islands south of the parts
already occupied by Spain, no Settlement should thereafter be made either by British
or Spanish subjects, but on both sides should be retained the liberty of landing and of
erecting temporary buildings for the purposes of the fishery. 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 recognizes the exclusive colonial right of
Spain on these continents, though confirmed, as between Great Britain and Spain, by the
1st Additional Article to the Treaty of the 5th July, 1814, has been extinguished by
the fact of the independence of the South American nation and of Mexico. Those
independent nations wiU possess the rights incident to that condition, and their territories
will, of course, be subject to no exclusive right of navigation in their vicinity, or of access
to them by any foreign nation. . . .
mmmmm
HRH
HHPI The right of carrying on trade with the natives throughout the west coast they
(the United States) cannot renounce. With the Russian Settlements at Kodiak, or at
New Archangel, they may fairly claim the advantage of a free trade, having so long enjoyed
it unmolested, and because it has.been and would continue to be 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 confined to the Russian Settlement itself, and not extending to the
original natives of the coast. . . .
I am, &c.
(Signed) JOHN QUINCY ADAMS.
No. 5.
Confidential Memorial prepared by Mr. Middleton, United States' Minister at St. Petersburgh, and forwarded to Mr. Adams in his Letter of December 1 (13), 1823.
IT appears, then, that the position of Russia relative to her rights upon the northwest coast of America had not at all changed since 1790. The Russian-American
Company had enjoyed its exclusive rights granted by the Emperor Paul. It had
prospered and formed an establishment in the limits marked out by the Ukase in 1799.
It had, however, never pretended to exclude other nations from a commerce shared with
them for so long a time; but it saw with jealousy its profits diminished by this rivalship.
In fine, it took a violent part, and at length obtained by its solicitations the Ukase of the
4th (16th) September, 1821.
In speaking of this measure, we shall make it our business to say nothing but what
appears strictly necessary to set it in its true light, convinced, as we are, that the
enlightened Government from whence it emanates will listen with good-will to observations
conceived with the intention of obtaining nothing but what is just in itself, and useful to
all interested.
The Ukase, by its first three Articles, under the form of a grant to a private Association, presupposes the existence of exclusive territorial rights (a pretension unknown till
now) on a great extent of continent, with the intervening islands and seas, and it forbids
all foreign nations from approaching nearer them than 100 Italian miles to these coasts.
The Ukase even goes to the shutting up of a strait which has never been till now shut up,
and which is at present the principal object of discoveries interesting and useful to the
sciences.
The very terms of the Ukase bear that this pretension has now been made known for
the first time.
The following sections relate to the seizure of vessels, and to the proceedings before
the Tribunals against those who infringe the Regulation, and might furnish remarks worthy
of attention as to the right of visit against ships in times of peace, permitted even to
merchant-vessels, as well as upon other points. But it is thought better to pass over these
matters, as simply accessories to the principal point. Nothing is intended but first to
know if the vast territory contained in the limits marked out by the Ukase is, in fact,
incorporated with the Empire of Russia upon admissible principles.
AU jurists are agreed upon the principle that real occupation only can give the rights
to the property and to the sovereignty of an unoccupied country newly discovered.
With all the respect which we owe to the declared intention and to the determination
indicated by the Ukase, it is necessary to examine the two points of fact:—
1. If the country to the south and east of Behring Strait, as far as the 51st degree of
north latitude, is found strictly unoccupied ?
2. If there has been, latterly, a real occupation of this vast territory ?
We have already seen, in the summary of the dispute between England and Spain,
what was the decision of Russia upon the first point. It cannot be necessary for us to
repeat it.
As to what regards the real occupation, one may be convinced, on having recourse to
the Charts officially published by the Russian Government, that the only establishment on
this side of the 60th degree is that which is found on the Island of Sitka, situated
under 57° 30' of latitude, and consequently more than 6 degrees from the southern limit
fixed by the Ukase.
The conclusion which must necessarily result from these facts does not appear to
establish that the territory in question has been legitimately incorporated with the Russian
Empire.
The extension of territorial rights to the distance of 100 miles from the coasts upon
two opposite continents, and the prohibition of approaching to the same distance from
these coasts, or from those of all the intervening islands, are innovations 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
difficulties, and where the chief employment, which is the whale fishery, cannot be
compatible with a regulated and well-determined course.
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
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case of a colonial system already established, or for some other special object, would be
exposed to an unfavourable interpretation, as being contrary to the liberal spirit of modern
times, wherein we look for the bonds of amity and of reciprocal commerce among all
nations being more closely cemented.
Universal usage, which has obtained the 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 navigation. (See
Vattel, B. L, chapter 23, section 289.)
In the case where this territorial limit would be insufficient, it is always allowable to
make to it the augmentations which may be desired, by the way of diplomacy, in concluding Treaties with the nations that 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. *M%
No. 6.
Mr. Forsyth to Mr. Dallas.
Sir
Department of State, Washington, May 4, 1837-
I REGRET to have occasion so soon again to advert to a subject connected with the
claims of the United States to the right of trading with the natives of the country, and of
fishing on the north-west coast of this continent. You will perceive from a perusal of the
accompanying papers that the expiration of the IVth Article of the Convention of 1824
with Russia is not unlikely to be attended with difficulties to our citizens frequenting that
coast in pursuit of lawful objects. The leading features of the case, to which your
attention is now invited (the particulars of which are more fully detailed in the inclosed
copy of a letter dated the 24th November last, from J. C. Jones, Consul of the United
States at the Sandwich Islands, to this Department, and of the protest to which it refers),
are as follows:—*
The American brig "Loriot," Blinn, master, sailed from the port of Oahu on the
22nd August last, bound to the north-west coast of America, for the purpose of procuring
provisions, and also Indians to hunt for sea-otter on the said coast. It appears that she
made the land called Forrester's Island on the 14th September following, and on the 15th
anchored in the harbour of Tuckessan, latitude 54° 55' north, and longitude 132° 30' west;
that on the 18th a Russian armed brig arrived in the harbour of Tateskey, latitude 54° 45'
north, and longitude 132° 55' west; that on the succeeding day the "Loriot" was boarded
by officers from the Russian brig, who ordered the captain of the American vessel to leave
the dominions of His Majesty the Emperor of Russia; that Captain Blinn then repaired
on board the Russian brig, where the same orders were repeated to him by the commander;
that on the 20th and 23rd days of the same month these orders were reiterated; that on the
25th the "Loriot" was boarded by two armed boats from the Russian-brig, and directed to
get under weigh and proceed to the harbour of Tateskey; that on the 27th the armed boats
again boarded the American brig, and compelled the captain to proceed to Tateskey; that
when off that place, the weather being threatening, permission was asked of the Russian
commander to enter the harbour with the " Loriot," which request was denied, and Captain
Blinn was again ordered to leave the waters of His Imperial Majesty; and that Captain
Blinn, being prevented from procuring supplies or necessaries for his vessel, and from
obtaining any Indians (for the purpose of hunting sea-otter), was finally obliged to abandon
his voyage and return to the Sandwich Islands, where he arrived on the 1st November of
the same year.
The harbours designated in Captain Blinn's protest by the names of Tuckessan and
Tateskey are not laid down on any map to which I have referred, and the Department has
no knowledge of any Russian establishments having been formed on the north-west coast or
adjacent islands, in or about the latitude given for these places. It will, therefore, be
proper to ascertain whether there are, in fact, Russian Settlements at the points designated;
and, if so, you are authorized to make a representation of the whole subject to His
Imperial Majesty's Government, complaining of the proceedings in relation to the
"Loriot," which are supposed to have been unauthorizedly instigated by the Russian-
American Fur Company, and stating that the President cannot but regard this act as one
of a most unfriendly character, as the United States have had no official or other notice of
the existence of such establishments, and have not, although an application has long since
been made for them, ever been furnished by the Russian Government with the regulations,
consequent on the expiration of the IVth Article of the Convention, proposed to be applied
to American vessels resorting to Russian Settlements on that coast.
On the other hand, should there prove to be no Russian establishments at the places
mentioned, this outrage on the " Loriot" assumes a still graver aspect. It is a violation of
the right of the citizens of the United States, immemorially exercised, and secured to them
as well by the law of nations as by the stipulations of the 1st Article of the Convention of
1824, to fish in those seas, and to resort to the coast, for the prosecution of their lawful
• For these papers, see Senate Document 1, 25th Congress, 3rd Session.
WES 9
commerce upon points not already occupied. As such, it is the President's wish that you
should remonstrate, in an earnest but respectful tone, against this groundless assumption
of the Russian Fur Company, and claim from His Imperial Majesty's Government for the
owners of the brig "Loriot," for their losses and for the damages they have sustained,
such indemnification as may, on an investigation of the case, be found to be justly due
to them.
(Signed)
[am, &c.
JOHN FORSYTH.
Sir,
No. 7.
Mr. Dallas to Mr. Forsyth.
American Legation, St. Petersburgh, August 16, 1837.
Among the. special duties assigned to me in the instructions from the Department are
those relating to the renewal of the IVth Article of the Treaty of 1824, by your despatch
No 2, and those arising out of the case of the American brig " Loriot," Richard D. Blinn,
master, by your despatch No. 3. I have been anxious to address myself to the Imperial
Ministry on both these topics, the mutual connection of which is apparent; but anticipating
at the outset much difficulty in accomplishing any purpose opposed by the Fur Company,
prudence impels me to acquire, if possible, with more accuracy than I now possess it,
information as to the extent of the Russian establishments on the north-western coast,
and the periods of their respective commencements. My efforts in London to ascertain the
positions of the two harbours referred to by Captain Blinn, Tuckessan and Tateskey, and
their real character, were abortive, the geographer on whom I principally relied writing to
me, the evening before I left the British metropolis, that his searches proved unproductive.
An inquiry, to be cautiously conducted, has been set on foot since my arrival here, in the
hope that some of the officers of the Russian navy, or some communicative member of the
Fur Company itself, may possess the facts I want, and may enable me to move with less doubt
and less danger of mistake. Although from the language of Captain Blinn's protest I am led
to believe that Russian establishments have been made at the places where he experienced the
interference of which he complains, it would not seem politic to begin the negotiation by
an admission which, though it might leave the unfriendliness of the proceeding for
comment, must weaken, if not wholly destroy, his claim for redress. As soon as the
inquiry instituted shall either subceed or fail, the subject will be open to Count Nesselrode,
snd I cannot anticipate more than one or two weeks of additional delay.
Permit me, while on this topic, to remark that I cannot help foreseeing some perplexity
from the construction which will be urged by the Russian  Ministry for the Treaty of
the 17th April, 1824.    The 1st Article, asserts for both countries general and permanent
rights of navigation, fishing, and trading with the natives upon points not occupied by
either, north or south of the agreed parallel of latitude, subject to enumerated restrictions,
among which is the IVth Article, limiting, as it would seem, the exercise of certain of these
very rights to a term of ten years.    Our negotiator, Mr. Middleton, as he explained in a
subsequent despatch to the Department of State, contemplated no abandonment cf their
rights either in principle or as a compromise, in the present or future time, but on the
contrary repelled a clause proposed to him expressly for that purpose, and regarded the
IVth Article as enlarging, not restricting, the privileges  provided for in the 1st.    My
conviction, however, arising from the language of the Russian precautionary record  or
Protocol (which Mr. Middleton rather avoided than rejected), is that Count Nesselrode
will deem himself and M. Poletica to have attained by this IVth Article, though with the
use of other words, the substance of the clause to which Mr. Middleton objected, and that
he will consider both Governments to have buried all controversy about the rights incident
to the prior discovery of savage and unoccupied lands, and to have consented that, at the
expiration of the ten years, the United States should be esteemed to possess in full domain
the coast and islands to the south, and Russia the coast and islands to the north, of 54° 40'
north latitude.
He may ask, and with some plausibility, with what other object the IVth Article was
framed?    It uses no phraseology tantamount to "establishments" or "settlements
" points already occupied ;" but protects from any hindrance for ten years only the power
to frequent the interior seas, gulfs, harbours, and creeks upon the coast, for the purpose of
fishing and trading with the natives—a power already duly enunciated without limit of time,
for both countries, by the 1st Article; and, if it was not intended mutually to yield the
power in relation to the sections divided by the parallel of latitude at the expiration of the
term, why disturb  the operation of the  1st Article at all ?    A closer analysis of the
negotiation of 1824 may possibly dispel these suggestions; or it will give me pleasure to
find my apprehensions removed by the candour of the Vice-Chancellor; and, at all events,
I shall never acquiesce, until instructed to do so by you, in a construction so opposite to
the intentions of Mr. Middleton, and so conclusive as to all further claim of the United
States.
* * * * *
I have, &c.
(Signed) G. M. DALLAS.
mwmmvmmmmsmmm I
10
No. 8.
Mr. Dallas to Count Nesselrode.
American Legation, August, 15 (27), 1837.
THE Undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United
States of America, has the honour very respectfully to invite the attention of his Excellency
the Vice-Chancellor of the Empire to the following subject, specially given to him in charge
as calling for an early submission to the consideration of the Imperial Government.
It will doubtless be remembered that by the perpetual Convention of the 5th (17th)
April, 1824, signed by his Excellency Count Nesselrode and M. Poletica on behalf of
Russia, and by Mr. Henry Middleton on behalf of the United States, it was agreed that
in any part of the Great Ocean, commonly called the Pacific Ocean or South Sea, the
respective citizens or subjects of the High Contracting Powers should be neithei disturbed
nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts,
upon points which may not already have been occupied, for the purpose of trading with
the natives; that, to prevent the rights of navigation and of fishing, exercised upon the
Great Ocean, from becoming the pretext for an illicit trade, the citizens or subjects of
either country should not resort, without permission, to any establishment of the other;
and that there should not be formed to the north of 54° 40' of north latitude by the
citizens of the United States, nor south of that parallel by Russian subjects, any establishment upon the north-west coast of America. It was declared by the IVth Article to be
understood that during a term of ten years, counting from the signature of the Convention,
the ships of both countries respectively might reciprocally frequent, without any hindrance
whatever, the interior seas, gulfs, harbours, and creeks upon the said coast, for the purpose
of fishing and trading with the natives.
The permanent powers to navigate, to fish, and to resort to the coasts upon unoccupied
points, in order to trade with the natives, thus mutually recognized in a spirit of forecasting
friendship, which removes, by explicit assurances, every possible cause of collision or
jealousy, and has always characterized the relations and intercourse of the two Governments, would seem to be unequivocally distinct and*precise. It is to a vague and perverted
condition of things, consequent, in a great degree, upon the expiration of the temporary
provision of the IVth Article, much rather than to any inimical national policy, that the
Undersigned imputes the incident, so detrimental to the interest of an American citizen,
and so incompatible with the rights of his country, which is now submitted to the just and
candid consideration of his Excellency Count Nesselrode.
[Here follows a statement of the case of the " Loriot," substantially the same as that
given above in Mr. Forsyth's instructions of the 4th May, 1837.]
The Undersigned is unwilling to make to his Excellency Count Nesselrode the
remarks naturally suggested by this brief statement of facts (whose authenticity he cannot
doubt), until every reasonable and just opportunity shall have been given to the Russian
officers implicated to temper, if possible, their harshness by explanation. His firm
confidence in the dispositions heretofore expressed and manifested towards his country
precludes his supposing, for one moment, that a proceeding so unfriendly in its nature and
circumstances, and so inconsistent with the rights of American citizens, immemorially
exercised and secured by the laws of nations, as well as by the stipulations of the 1st Article
of the Treaty of 1824, was authorized by His Imperial Majesty's Government, or can
receive its sanction.
Nevertheless, it is made the duty of the Undersigned earnestly and most respectfully
to remonstrate against such an unwarranted aggression by persons enjoying the character
and using the means of agents in the Russian service, and to claim, as ne now does, from
His Imperial Majesty's Government, for the losses and damages sustained by the owners of
the brig " Loriot," such indemnification as may, on an investigation of the case, be found
justly their due.
In the sincere hope that an early and happy adjustment of this business may arrest its
tendency to excite unkindness of feeling between the citizens and subjects of the two
countries, the Undersigned avails, &c.
(Signed) G. M. DALLAS.
No. 9.
Mr. Forsyth to Mr. Dallas.
Sir
Department of State, Washington, November 3, 1837.
YOU [sic] despatches Nos. 6 and 7 of the 16th August and 8th September respectively
have been duly received and submitted to the President, by whom I am directed to make the
following observations, with reference to your remarks regarding the proper construction of
the Convention of April 1824, between the United States and Russia.
The 1st Article of that instrument is only declaratory of a right which the parties to
it possessed, under the law of nations, without Conventional stipulations, to wit, to navigate
and fish in the ocean upon an unoccupied coast, and to resort to such coast for the purpose
of trading with the natives.
»■—■
mm
MM 9k'
II
The Und Article prohibits the one party from resorting to points occupied by the
other without permission.
The IHrd Article prevents each party from occupying new points within certain
limits.
The IVth Article grants permission to either party to frequent, for a specified term,
the interior seas, gulfs, harbours, and creeks upon the whole north-west coast of America,
without regard to limits or occupation, for the purpose of fishing and of trading with the
natives of the country.
The question is as to the meaning and object of this last-mentioned Article. Is it to be
interpreted as an agreement by either of the parties to abandon, after a specified term, the
right to resort to any part of the coast which is unoccupied ?
If the IVth Article is to be considered as applicable to ports of the coasts unoccupied,
then it merely provides for the temporary enjoyment of a privilege which existed in
perpetuity, under the law of nations, and which has been expressly declared so to exist by
a previous Article of the Convention. Containing no provision, therefore, not embraced
in the preceding Article, it would be useless, and of no effect. But the rule in regard to
the construction of an instrument, of whatever kind, is that it shall be so construed, if
possible, as that every part may stand.
If the Article be construed to include points of the coast already occupied, it then
takes effect, thus far, as a temporary exception to a perpetual prohibition, and the only
consequence of an expiration of the term to which it is limited would be the immediate
and continued operation of the prohibition,     t
It is still more reasonable to understand it, however, as intended to grant permission
to enter interior bays, &c, at the mouths of which there might be establishments, or the
shores of which might be in part, but not wholly, occupied by such establishments, thus
providing for a case which would otherwise admit of doubt, as without the IVth Article it
would be questionable whether the bays, &c, described in it belong to the 1st or Und
Article.
In no sense can it be understood as implying an acknowledgment on the part of the
United States of the right of Russia to the possession of the coast above the latitude of
54° 40' north. It must be taken in connection with the other Articles of the Convention,
which have, in fact, no reference whatever to the question of the right of possession of the
unoccupied parts of the coast. In a spirit of compromise, and to prevent future collisions
or difficulties, it was agreed that no new establishments should be formed by the respective
parties to the north or south of a certain parallel of latitude, after the conclusion of the
Agreement; but the question of the right of possession beyond the existing establishments,
as it subsisted previously to, or at the time of, the conclusion of the Convention, was left
untouched. The United States, in agreeing not to form new establishments to the north
of latitude 54° 40' north, made no acknowledgment of the right of Russia to the territory
above that line. If such an admission had been made, Russia, by the same construction of
the Article referred to, must have acknowledged the right of the United States to the
territory south of the designated line. But that Russia did not so understand the Article
is conclusively proved by her having entered into a similar Agreement (1825) with Great
Britain, and have, in fact, acknowledged in that instrument the right of possession of the
same territory by Great Britain. The United States can only, be considered as acknowledging the right of Russia to acquire, by actual occupation, a just claim to unoccupied
lands above the latitude 54° 40' north, and even this is mere matter of inference, as the
Convention of 1824 contains nothing more than a negation of the right of the United
States to occupy new points within that limit.
Admitting that this inference is just, and was in contemplation of the parties to the
Convention, it cannot follow that the United States ever intended to abandon the just
right acknowledged by the 1st Article to belong to them under the law of nations—to
frequent any part of the unoccupied coast of North America for the purpose of fishing or
trading with the natives. All that the Convention admits is an inference of the right of
Russia to acquire possession by settlement north of 54° 40' north. Until that actual
possession is taken, the 1st Article of the Convention acknowledges the right of the
United States to fish and trade as prior to its negotiation. This is not only the just
construction, but it is the one both parties are interested in putting upon the instrument,
as the benefits are equal and mutual, and the object of the Convention, to avoid converting
the exercise of a common right into a dispute about exclusive privilege, is secured by it.
I am, &c.
(Signed) JOHN FORSYTH.
No. 10.
Count Nesselrode to Mr. Dallas.
(Translation.) St. Petersburgh, February 23, 1838.
MR. DALLAS, Envoy Extraordinary and Minister Plenipotentiary of the United
States of America, by his note of the 15th (27th) August last, has thought proper to
interpose in behalf of the claims preferred by Richard Blinn, a citizen of the   United
States, and master of the merchant-brig " Loriot."    It appears from the above-mentioned
[6531 E t I
12
note that in 1836 this vessel, having sailed for the north-west coast of America, arrived at
Forrester's Island in latitude of 54° 55' north, with the intention of employing the natives
in hunting for sea-otters, and that a few days after his arrival he was ordered off by a brig
of the Russian-American Company, without having been able to pursue his project.
Mr. Blinn, in virtue of the stipulations of the Convention of the 5th (l7th) April, 1824,
and especially of the 1st Article of that Convention, now prefers complaints against the
conduct of the Russian brig towards him, and asks indemnification for the losses sustained
in consequence by the proprietors of the " Loriot."
A claim of this nature, presented, too, by the Representative of a Power with which
Russia is anxious to cultivate the most friendly relations, demanded the most serious
attention on the part of the Imperial Ministry. The Russian-American Company was
accordingly asked, without delay, for minute information respecting ail the circumstances
connected with the above-mentioned facts, in order that it might be examined with an
entire knowledge of the affair. This information has not yet reached the Imperial Ministry,
as the Russian-American Company has not to this moment received any special report
concerning the ordering off of the *( Loriot." It appears, however, from the circumstances
as stated in the very note of Mr. Dallas, as well as from a deposition made by one of the
officers recently returned from those countries, that in notifying Mr. Richard Blinn to
quit the shores where he was, the commander of the Russian brig did nothing more than
conform with the instructions given to him at the expiration of the IVth Article of the
Convention.
By examining the stipulations of that Convention, with the spirit of equity which
marks the character of Mr. Dallas, he will be convinced that the Imperial Government
cannot acknowledge the justice of the complaints of Mr. Blinn.
It is true, indeed, the 1st Article of the Convention of 1824, to which the proprietors
of the " Loriot" appeal, secures to the citizens of the United States entire liberty of
navigation in the Pacific Ocean, as well as the right of landing without disturbance upon
all points on the north-west coast of America, not already occupied, and to trade with the
natives. But this liberty of navigation is subject to certain conditions and restrictions,
and one of these restrictions is that stipulated by the IVth Article, which has specially
limited to the period of ten years the right ou the part of the citizens of the United States
to frequent, without disturbance, the interior seasj the gulfs, harbours, and creeks north
of the latitude of 54° 40'. Now, this period had expired more than two years before the
"Loriot" anchored in the harbour of Tuckessan. In 1835 the Emperor's Minister in
the United States had received orders to call the attention of the Cabinet at Washington
expressly to the circumstance of the expiration of this period; and, in consequence of the
official note addressed on this subject by Baron de Krudener to the Secretary of State,
the Government of the United States caused to be published, in the Washington
newspaper, a statement that, as the period of ten years had expired on the 4th April,
1834, " the Governor of the Russian Colonies had formally notified the commanders of
American vessels in that quarter that they could no longer claim, under the Convention,
the right of landing, without distinction, at all the harbours belonging to Russia on this
coast."
If, then, notwithstanding so formal a warning which the Government of the United
States had itself aided in conveying to the knowledge of the citizens of the Union, the
owners of the "Loriot" ventured upon an expedition to coasts where they had for
two years been interdicted from landing, it appears that they should attribute only to
themselves the ill-success of this enterprise, and that the Imperial Government cannot
admit their claims, nor acknowledge their title to indemnification. In communicating
these observations to Mr. Dallas, the Undersigned flatters himself with the belief that he
will admit the justice of them, and cause them to be viewed in the same light by his
Government.
In this hope he prays the Envoy to accept, &c.
(Signed) NESSELRODE.
No. 11.
Mr. Dallas to Count Nesselrode.
St. Petersburgh, March 5 (17), 1838.
THE Undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United
States of America, had the honour to receive the answer of his Excellency Count Nesselrode,
Vice-Chancellor of the Empire, dated the 23rd February, 1838, to the communication
which the Undersigned, conformably to the special charge of his Government, addressed to
his Excellency on the 15th (27th) August, 1837, in relation to the interference of certain
of His Imperial Majesty's armed forces with the merchant brig "Loriot," owned and
commanded by citizens of the United States, and prosecuting a trading voyage to the
north-west coast of America.
The remoteness of the regions where the incidents occurred which constitute the
foundation of the reclamation on behalf of the parties injured, and the known difficulty of
obtaining circumstantial details of any event in that quarter, connected with the assurance
of his Excellency that the Imperial Ministry had given to the subject its serious attention,
a«wmff*L^n 13
must have engaged the Undersigned to protracted silence, under the conviction that
everything which the justice of the case required would ultimately be attained. The note,
however, of his Excellency, if accurately understood, dispenses with the necessity of
additional. information, and, adopting the statement of facts derived by the American
Government from its citizens, would seem to remove all motive for further delay. An
early notice, therefore, of the grounds upon which a recognition of the claim has been
declined is impelled alike by a profound respect for the source whence they emanated, and
by a sense of the peculiar importance with which they bear upon the relations and interests
of the two countries.
The light in which the President of the United States regarded the treatment of
Captain Blinn precluded the possibility of his supposing it warranted by the public
authorities of Russia. He will hear with painful suprise that the subordinate by whom
that treatment was inflicted did but obey the instructions with which he had been
furnished in consequence of the expiration of the IVth Article of the Convention
of 1824.
It will be recollected that more than two and a-half years ago the American Secretary
of State, Mr. Forsyth, in a letter of the 21st July, 1835, addressed to His Imperial
Majesty's Minister then at Washington, the Baron de Krudener, expressed a wish to
receive, as early as practicable, precise information of the measures His Imperial Majesty's
Government had adopted or proposed to adopt in relation to the admission of American
vessels into the harbours, bays, and rivers of the Russian Settlements on the north-west
coast of the continent; that this request was reiterated by Mr. Wilkins, the predecessor of
the Undersigned, in a communication of the 1st November, 1835, and that his Excellency
Count Nesselrode, in answer thereto, referring to the spring of J 836 as the earliest period
at which an exact knowledge could be obtained of the measures which the local authorities
had adopted, or which it would be necessary to adopt, left no room to doubt that they
would then, or as soon as digested, be made known to the American Government. This
information, so desirable as a basis for any corresponding measures to which the United
States would have been urged by their uniform dispositions of amity towards Russia, as
well as by a provident attention to the regularity and security of their own commerce, has
never been imparted. Had the purport of the instruction, under which the "Loriot" was
violently seized and driven from her voyage, been communicated, it would not have been
allowed to work injury and loss to unoffending persons, without at least being first
made the object of candid remonstrance, or of precautionary notice. And the President
of the United States, unapprised of these Regulations, or of the particular points of the
north-west coast on which Russian establishments were newlv formed, could not but
view the abrupt proceeding to which Captain Blinn was subjected as an act, under any
aspect, of the most unfriendly character. How far this sentiment will be changed or
qualified by unexpectedly finding the slight on the American flag and the armed opposition to American trade to have been ordered, and to be now sanctioned, by the Government of His Imperial Majesty, upon the principles stated, the Undersigned cannot
venture to foresee.
Nor is the "informal notice" (lying before the Undersigned) published, at the
repeated request of Baron de Krudener, in the " Washington Globe " on the 22nd August,
1835, to which his Excellency has referred, susceptible, in the estimation of the Undersigned, of a construction which can ascribe to the American Government, or any of
its citizens, the knowledge that a voyage like the one contemplated by Captain Blinn
was inconsistent with any colonial interdict or general pretension of the Imperial
authorities. Far from it. That publication, while characteristic of the frank and
confiding readiness with which the American Executive proceeded to execute a wish
expressed by a Power whose intercourse and relations inspire no distrust, compels, as is
conceived, with unfeigned deference, the opposite construction, and imports a recognition
of the entire lawfulness of such a voyage. In this spirit, and in this only, was it originally
framed, and has ever since, without a question, been understood by the Government and
people of the United States. True, it adverts to a Notice issued by the Governor of the
Russian Colonies after the expiration of the IVth Article of the Convention, to the effect
that the masters of American vessels could no longer claim the right they enjoyed under
that IVth Article of landing at all the landing-places, without distinction, belonging to
Russia on the north-west coast; and it further proceeds to observe to all interested in the
trade that, under the Ilnd Article of the same Convention, it is necessary for all American
vessels resorting to any point where there is a Russian establishment to obtain the
permission of the Governor or Commander. To the scope of phraseology of this
" informal notice " it is believed Baron de Krudener never, orally or in writing, took the
slightest exception. It will surely be perceived by his Excellency Count Nesselrode to
contain no inhibition of trading voyages generally to the north-west coast of America, but,
on the contrary, to confine its admonition expressly and precisely to " landing-places
belonging to Russia," and to "any point on the coast where there is a Russian establishment." Such landing-places and such points were alone supposed to be embraced in the
Notice of Governor Wrangel, and were alone designated in the publication. American
voyages to them were no longer as unembarrassed as during the operation of the
IVth Article of the Convention, but to all other points of that vast and wild territory the
freedom of American navigation and trade remained unimpaired. It formed no part of the
purpose of Captain Blinn to visit, with or without permission, any landing-place or point
distinguished by Russian occupancy or establishment; and it is therefore submitted that,
7Q
/ft
»> 14
even supposing him to have read the paragraph adduced, he could at least deduce from it
nothing adverse to his voyage.
The decision of the Imperial Ministry is stated by his Excellency the Vice-Chancellor
to result from the.very circumstances set forth in the note of the Undersigned, as well as
from an affidavit of an officer recently returned from the Russian Colonies, and to be
founded upon the Convention of 1824. As the contents of the affidavit are not mentioned,
they are presumed not to affect materially the narrative of the note, and certainly not to
introduce any substantive assertion or denial adequate to give the case a totally new
character, and to exact, by its own force merely, a judgment which could not be reached
without it. The remarks, therefore, which the Undersigned proposes to subjoin are
necessarily restricted to the admitted allegations on behalf of Captain Blinn in connection
with the stipulations of the Treaty.
If, in pursuing this course, any injustice be done to the reasoning or views of the
Imperial Ministry, he will, on the slightest intimation, hasten to rectify it with the
frankness which he esteems indispensable to the faithful discharge of his representative
duty.
Avoiding a repetition of details heretofore enumerated, as well as their aggravating
features, the leading facts of reclamation are that the brig " Loriot," owned and commanded by American citizens, sailed from the Sandwich Islands on the 22nd Angust, 1836,
bound to the north-west coast, to procure provisions and Indians for hunting sea-otter;
that, having made Forrester's Island, she anchored in the harbour of Tuckessan, in latitude
54° 55' north; that no Russian establishment existed in that harbour; that four days
afterwards an armed brig of His Imperial Majesty's navy went into a neighbouring
harbour, called Tateskey, in latitude 54° 45' north; that no Russian establishment existed
in this latter harbour; that she was boarded by officers from the armed brig, by whom her
captain was first ordered to leave the dominions of Russia, and subsequently compelled to
get under way and sail for the harbour of Tateskey ; that when off the harbour of Tateskey
she was, in threatening weather, refused permission to enter, and peremptorily again
commanded to quit the waters of His Imperial Majesty; and, finally, that owing exclusively
to this interference of armed force her voyage was abandoned, and she returned to the
Sandwich Islands on the 1st November. It is this plain and brief story which the
Undersigned, by instruction of his Government, has*termed inconsistent with the rights
of American citizens, immemorially exercised and secured by the laws of nations, as
well as by the stipulations of the 1st Article of the Convention of 1824, and entitling the
parties injured to such indemnification as might on an investigation be found justly
their due.
The right of the citizens of the United States to navigate the Pacific Ocean, and their
right to trade with the aboriginal natives of the north-west coast of America, without the
jurisdiction of other nations, are rights which constituted a part of their independence as
soon as they declared it.    They are rights founded in the law of nations, enjoyed in
common with all other independent sovereignties, and incapable of being  abridged or
extinguished, except with their own consent.    It is unknown to the Undersigned that they
have voluntarily conceded these rights, or either of them, at any time, through the agency
of their Government, by Treaty or other form of obligation, in favour of any community.
Yet he deduces from the communication of his  Excellency, after having given it the
careful consideration to which every act from such a source lays claim, as the only ground
upon which the reclamation on behalf of Captain Blinn is resisted, the proposition that
the United States, by the Convention of 1824, yielded to His Imperial Majesty the right to
hold commerce, on the expiration of ten years, with the aboriginal natives on the northwest coast beyond the degree of 54° 40' north latitude.    This proposition, if established, is
unquestionably fatal to the pretensions of the master and owners of the " Loriot."    It
bears, however, an aspect so detrimental to the interests of his countrymen, and to their
attributes as an independent Power, is so inconsistent with the past policy and principles
of the American Cabinets, and is withal of such minor importance to the prosperity and
greatness of Russia, that the Undersigned trusts its want of solid foundation will, on
further reflection, be apparent and confessed.
The avowed objects of the Convention between the United States and His Imperial
Majesty were "to cement the bonds of amity which unite them, and to secure between
them the invariable maintenance of a perfect concord. The means of attaining these
invaluable ends were embodied in its Articles. There is first a mutual and permanent
agreement, declaratory of their respective rights, without disturbance or restraint, to navigate and fish in any part of the Pacific Ocean, and to resort to its coasts upon points which
may not already have been occupied, in order to trade with the natives. These rights preexisted in each, and were not fresh liberties resulting from the stipulation. To navigate,
to fish, and to coast, as described, were rights of equal certainty, springing from the same
source, and attached to the same quality of nationality. Their exercise, however, was subjected to certain restrictions and conditions, to the effect that the citizens and subjects of
the Contracting Sovereignties should not resort to points where establishments existed
without obtaining permission; that no future establishments should be formed by one party
north, nor by the other party south, of 54° 40' north latitude, but that, nevertheless, both
might, for a term of ten years, without regard to whether an establishment existed or not,
without obtaining permission, without any hindrance whatever, frequent the interior seas,
gulfs, harbours, and creeks, to fish and trade with the natives. This short analysis leaves,
■on the question at issue, no room for construction. ■up
15
The view taken by his Excellency Count Nesselrode rests upon the provision last
referred to, contained in the IVth Article of the Convention. Of this it is essential to fix
the true character. Does its limitation of ten years apply to the broad national right of
resorting to unoccupied points of the coast? If it do not, the position taken is
untenable. That it does not would seem to be a conclusion of the gravest as of the
lightest scrutiny.
The renunciation of a prerogative so high and important, if designed, would not have
been left to mere inference from a disjointed paragraph, but would have been distinctly
expressed in immediate connection with its first statement. No motive can possibly be
assigned for permitting an intended abandonment of such a right, formally declared in the
1st Article, to lurk unseen in the varied language of the IVth Article.
The power of resorting to unoccupied points of the coast existed in perpetuity by the
laws of nations, and is so enunciated in the 1st Article. To declare it afterwards to exist
for ten years would be to insert a clause idle and without effect, providing for the temporary
.enjoyment of what had been previously pronounced permanent. But the interpretation of
every instrument must be such as will, if possible, give substance and utility to each of its
parts. Applied to points of the coast already occupied, the IVth Article takes effect as a
temporary exception to the perpetual prohibition of the Und Article, and the only
consequence of the expiration of the term to which it is limited is the revival and
continued operation of that prohibition. *
In employing, in the IVth iVrticle, the descriptive words " interior seas, gulfs,
harbours, and creeks," there is a departure from the comprehensive phraseology of the
1st Article, which is only to be explained by the fact that another idea was to be expressed.
Nor is it difficult to understand what was really meant. The bonds of amity and perfect
concord, which it was so desirable to cement and invariably maintain, would have been
endangered, in peculiar localities, as to which doubts might naturally arise whether they
were embraced in the 1st or the Und Article. If, however, at their openings, or upon
their commanding highlands, or on their shores, an occupied point or establishment
existed, it was thought expedient to let them take character from that incident, without any
nice measurement of its range or influence, at the expiration of ten years ; and, accordingly,
the IVth Article, avoiding too-sudden a check of the actual account of trade, put a limit of
time upon the liberty to frequent such places.
The Undersigned submits that in no sense can the IVth Article be understood as
implying an acknowledgment on the part of the United States of the right of Russia to the
possession of the coast above the latitude of 54° 40' north. It must, of course, be taken in
connection with the other Articles, and they have, in fact, no reference whatever to the
question of the right of possession of the unoccupied parts. To prevent future collisions it
was agreed that no new establisnment should be formed by the respective parties to the
north or south of the parallel mentioned; but the question of the right of possession
beyond the existing establishments, as it stood previous to, or at the time of, the
Convention, was left untouched.
By agreeing not to form new establishments north of latitude 54° 40', the United
States made no acknowledgment of the right of Russia to the territory above that line. If
such an admission had been made, Russia, by the same construction of the Article referred
to, must have equally acknowledged the right of the United States to the territory south of
the parallel. But that Russia did not so understand the Article is conclusively proved by
her having entered into a similar agreement in her subsequent Treaty of 1825 with Great
Britain, and having, in that instrument acknowledged the right of possession of the same
territory by Great Britain.
The United States can only be considered inferentially as having acknowledged the
right of Russia to acquire, above the designated meridian, by actual occupation, a just claim
to unoccupied lands. Until that actual occupation be taken, the 1st Article of the Convention recognizes the American right to navigate, fish, and trade, as prior to its negotiation. Such is esteemed the true construction of the Convention, the construction which
both nations are interested in affixing, as the benefits are equal and mutual, and the great
object is secured of removing the exercise of a common right from the danger of becoming
a dispute about exclusive privileges.
, At the hazard of proving tedious, the Undersigned has thus endeavoured to convey to
his Excellency Count Nesselrode the views suggested by his recent communication.
The Government of the United States is ardent and uniform in its anxiety to cherish
with that of Russia the most friendly relations; in the reciprocation of this sentiment the
fullest confidence is felt. The citizens and subjects of the two countries, meeting
only with feelings of cordiality and for purposes of mutual advantage, are rapidly
reaping the fruits of a wise and beneficent international policy. Every year enlarges the
sphere of their commercial intercourse, discloses the identity of their interests, and
strengthens their ties of amity. In the persuasion that the enlightened councils of His
Imperial Majesty wiU join with the American authorities in every effort consistent with
the honour and rights of their respective nations to rescue this condition of things from all
danger of interruption, the Undersigned earnestly invites a reconsideration of the ground
upon which the claim of the owners of the "Loriot" has been dismissed.
With a consoling hope as to the result, he begs, &c.
(Signed) G. M. DALLAS.
[653]
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No. 12.
Mr. Seward to Mr. Clay.
Sir, Department of State, Washington, February 24, 1868.
I RECUR on this occasion to my despatch No. 273, which related to alleged hostile
demonstrations of a Russian armed vessel against a United States' whaling-vessel in the
Sea of Okhotsk. That communication was grounded upon mere rumour, which furnished
no details, and was supported by no evidence. Prince Gortchacow, in his reply, answered
substantially that the Russian Government had no information of the alleged conflict, and
had given no orders or directions under which any hostile demonstrations could have been
made.
At last I have received details, which, however, are very limited, and testimony which
is very incomplete. This subsequent information is contained in a despatch of Morgan L.
Smith, Esq., United States' Consul at Honolulu, which is accompanied by a deposition
made by Manuel Enos, master of the American bark " Java."* In brief, Mr. Enos' statement presents the following facts, namely, that on the 27th July, while he was cruizing for
whales in Shantar Bay, and standing towards Silas Richard's bluff, a Russian armed vessel
came towards him, apparently under full steam, hoisted its flag, and threw open its ports.
An officer from that Russian vessel went on board of the " Java," and ordered Captain
Enos immediately on board the Russian steamer. The Russian Commander demanded to
know the business of the United States' vessel there. Captain Enos answered that his
business was whaling, whereupon the Russian Commander ordered Captain Enos to leave
the bay within twenty-four hours, under a threat of taking Captain Enos with his vessel to
Nicolawasky, or blowing him out of the water, as the Russian Captain should think proper.
Captain Enos replied that he had whaled in those bays for the last seventeen years, and had
never heard of any one being driven out, or of any purpose of excluding whalers. Captain
Enos thereupon immediately left Shantar Bay.
Captain Enos further says that he afterwards learned from some of the crew of the
American bark "Endeavour" that they, knowing nothing of the trouble, went into the
same place (Shantar Bay) a few days afterwards, and that their boats were fired into by the
same vessel before mentioned, and that they were commanded to leave the bays by threats
to the same effect with those which had been made against Captain Enos. The Consul
transmitting this statement says that he has been unable to procure the name of either the
Russian vessel or her Commander; that he is informed by the master of the English bark
" Cobang " that some* Finns, subjects of the Czar, have a whaling-station there, keeping
two schooners in the bay, and having their trying works on shore. If we were at liberty to
assume these special statements to be true, and if we were not assured by the Russian
Government that the transactions complained of occurred not only without its knowledge,
but without any authority, we should in that case have reason for profound concern.
As the matter stands, with the possibilitj7 that similar armed hostile demonstrations
may be made on the same quarter, there is reason to apprehend that discontent will arise,
and perhaps conflict may occur between citizens of the United States and the subjects of
Russia in the Sea of Okhotsk. Nothing could be more inconvenient than such difficulties
at the present moment, as I am well assured nothing could be more sincerely deprecated
by the Russian Government.
You wiU give a copy of this communication to Prince Gortchacow, and of its
accompaniments, Consul Smith's despatch and Captain Enos' deposition, and invite Prince
Gortchacow to give his attention to the same at his reasonable convenience.
I am, &c.
(Signed) WILLIAM H. SEWARD.
No. 13.
Mr. Frelinghuysen to Mr. Hoffman.
Sir, Department of State, Washington, March 7, 1882.
I INGLOSJE copies of letters from the Treasury, and a copy of a letter from Messrs.
Lynde and Hough, of San Francisco, to the Secretary of the Treasury, touching the Pacific
coast fisheries. This latter communication states that, according to late news, "foreign vessels
must receive an order from the Governor of Siberia, besides paying duties of 10 dollars
per ton on all fish caught in Russian waters," which they say would be ruinous to their
Business. In view of the above, I have to ask that you will make immediate inquiry on
this subject, aud report the facts. If a brief telegram will furnish information of value to
our fishermen in this regard, you can send one.
I am, &c.
(Signed) FREDK. T. FRELINGHUYSEN.
For these papers, see Diplomatic Correspondence, 1868,' p. 468. Jlllllilllfc
17
Inclosure 1 in No. 13.
Mr. Folger to Mr. Frelinghuysen.
Sir, Ireasury Department, February 2, 1882.
I HAVE the honour to acknowledge the receipt of your letter of the 3rd ultimo,,
transmitting a copy of a despatch of the 21st November last from the Minister of the
United States at Tokio, Japan, with its inclosure, relative to the Notice given by the
Russian Consul at Yokohama in reference to the licensing of foreign vessels trading, hunting,
or fishing on the Asiatic coast of Russia.
I have to inform you that this Department has issued Circular instructions to
Collectors of Customs and others at every port throughout the country, to which the
Russian Consul's Notice is subjoined, dated the 30th January, 1882, and I inclose herewith
six copies of the Circular.
Very respectfully,
(Signed) CHAS. J. FOLGER.
Inclosure 2 in No. 13.
Circular to United States' Collectors of Customs.
Permit required for Hunting, Trading, and Fishing on Russian Coasts of the Okhotsk and
Behring Seas.
Treasury Department, Office of the Secretary,
To Collectors of Customs and others, Washington, D.C., January 30, 1882.
THE subjoined Notice by the Russian Consul at Yokohama, that American vessels are
not allowed, without a special permit or licence from the Governor-General of Eastern
Siberia, " to carry on hunting, trading, fishing, &c, on the Russian coasts, or islands in the
Okhotsk or Behring Seas, or on the north-eastern coast of Asia, or within the sea-boundary
line," is published by the Department for the information of American ship-masters
interested.
It will be observed that the Russian Order took effect on the 1st January, 1882.
(Signed)    if CHAS. J. FOLGER, Secretary.
—Ml
-S^adS
I
Inclosure 3 in No. 13.
Notice issued by Busian Consul at Yokohama.
AT the request of the local authorities of Behring and other islands, the Undersigned
hereby notifies that the Russian Imperial Government publishes, for general knowledge,
the following:—
1. Without a special permit or licence from the Governor-General of Eastern Siberia,
foreign vessels are not allowed to carry on trading, hunting, fishing, &c, on the Russian
coast or islands in the Okhotsk and Behring Seas, or on the north-eastern coast of Asia,
or within their sea-boundary line.
2. For such permits or licences, foreign vessels should apply to Vladivostok,
exclusively.
3. In the port of Petropaulovsk, though being the only port of entry in Kamtchatka,
such permits or licences shall not be issued.
4. No permits or licences whatever shall be issued for hunting, fishing, or trading at
or on the Commodore and Robben Islands.
5. Foreign vessels found trading, fishing, hunting, &c, in Russian waters, without a
licence or permit from the Governor-General, and also those possessing a licence or permit
who may infringe the existing bye-laws on hunting, shall be confiscated, both vessels and
cargoes, for the benefit of the Government. This enactment shall be enforced henceforth,
commencing with a.d. 1882.
6. The enforcement of the above will be intrusted to Russian men-of-war, and also
to Russian merchant-vessels, which, for that purpose, will carry military detatchments and
be provided with proper instructions. ||
(Signed) A. PELIKAN,
His Imperial Russian Majesty's Consid.
Yokohama, November 15, 1881.
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Inclosure 4 in No. 13.
Mr. Folger to Mr. Frelinghuysen.
Sir, Treasury Department, February 24, 1882.
I HAVE the honour to inclose herewith, for such action in the case as you may deem
proper, a letter from Messrs. Lynde and Hough, of San Francisco, California, stating that
they are extensively engaged in the Pacific coast cod fisheries, and that they will fit out
their vessels to sail about the 1st May next in that enterprise, in which they have never
been molested; but they now learn that foreign vessels must receive an order from the
Governor of Siberia, besides pay a. duty of 10 dollars per ton on all fish caught in Russian
waters, which, if sustained, will be ruinous.
A'erv resDectfullv
(Signed.) CHAS. J. FOLGER, Secretary
Inclosure 5 in No. 13.
Messrs. Lynde and Hough to Mr. Folger.
Sir, San Franeisco, February 15, 1882.
YOU will please pardon us for this seeming intrusion, but the matter in which we now
seek your aid and kind assistance is of great import to us.
We now are and have been extensively engaged in the Pacific coast cod fisheries, and,
in fact, are among the very few who fifteen years ago started in a small way, believing
with energy and fair dealing we could work up an enterprise that would be a benefit to the
coast. Our ideas were correct. We have been yearly sending vessels to the coast of
Kamtchatka (Sea of Okhotsk) for fish. We never have been molested in Russian waters
from catching cod-fish or procuring bait, which are small salmon in the rivers, or filling
fresh water for the use of ship, but it appears now there is a law which has never been
enforced against foreigners, the same we have recently noted, and which we have been
apprised of, and the substance is that foreign vessels must receive an order from the
Governor of Siberia, besides must pay a duty of 10 dollars per ton on all fish caught in
Russian waters. This decree, if sustained, is ruinous to one of the best and rising industries
of the coast, and as we fit our vessels to sail about the 1st May, leaves us but little chance
to arrange matters this season save with your kind assistance in the matter. Our business
is fishing entirely. We use no trade with natives, having nothing to do with the taking or
purchasing of furs. At this time we are placed in a very bad predicament. Trusting that
you can relieve us from this embarrassment, and receive an early reply on the subject, we
are, &c.
(Signed)
P.S.—Our vessels fish from 10 to 25 miles from shore.
LYNDE and HOUGH.
L. &H.
No. 14.
Mr. Hoffman to Mr. Frelinghuysen.—(Received April 3.)
Sir,* Legation of the United States, St. Petersburgh, March 14, 1882.
I HAVE the honour to acknowledge the receipt of a Circular of the Treasury Department
of the 30th January last upon the subject of fishing, &c, in the Behring Sea and in the Sea
of Okhotsk.
I am able to give the Department some little information upon this subject, derived
nearly four years ago from Mr. Charles H. Smith, for many years a resident of Vladivostok,
and at one time our Consul or Vice-Consul at that port.
A glance at the Map will show that the Kurile Islands are dotted across the entrance
to the sea of Okhotsk the entire distance from Japan- on the south to the southernmost
cape of Kamtchatka on the north.
In the time when Russia owned the whole of these islands her Representatives in
Siberia claimed that the Sea of Okhotsk was a mare clausum, for that Russian jurisdiction
extended from island to island, and over 2 marine leagues of intermediate sea from Japan
to Kamtchatka.
But about five years ago Russia ceded the southern group of these islands to Japan in
return for the half of the Island of Saghalien, which belonged to that Power.
As soon as this was done it became impossible for the Siberian authorities to maintain
their claim. My informant was not aware that this claim had ever been seriously made at
St. Petersburgh.
The best whaling grounds are found in the bays and inlets of the Sea of Okhotsk.
Into these the Russian Government does not permit foreign whalers to enter, upon the
ground that the entrance to them, from headland to headland, is less than 2 marine leagues
wide. But while they permit no foreign whalers to penetrate into these bays, they avail
themselves of their wealth very little. The whole privilege of whaling in those waters is a
monopoly, owned by an unimportant Com} any, which employs two or three sailing-
schooners only, the trying and other laborious work being done at their stations on shore. 19
Referring to my No. 44 of June 1878,1 have the honour to add that Baron Stoeckl
told me in conversation last winter that we failed to make a Fishing Treaty with Russia in
1868, principally on account of the vested interests of this Company.
Mr. C. H. Smith now resides at Great Falls, N.H., and would be glad, I am sure,
to put his information at the service of the Department.
I am, &c.
(Signed) WICKHAM HOFFMAN.
I
No. 15.
j
Mr. Hoffman to Mr. Frelinghuysen.— (Received April 13.)
Legation of the United States, St. Petersburgh,
Sir, March 27, 1882.
I HAVE the honour to acknowledge the receipt of your No. 120, with its inclosures, in
reference to our Pacific Ocean fisheries. Your despatch reached me yesterday, and to-day
I have written to M. de Giers upon the subject, and I propose to call upon him upon his
first reception-day. In the meantime, and until further information, I do not see that any
new orders necessarily affecting our fishermen have been issued by the Russian Government. Messrs. Lynde and Hough have apparently given insufficient attention to the words
<f Russian waters." These waters are defined in the Notice published by the Imperial
Vice-Consulate at Yokohama, as follows:—
" Fishing, &c, on the Russian coast or islands in the Okhotsk and Behring Seas, or on
the north-eastern coast of Asia, or within their sea-boundary line."
If I recollect correctly the information given me by Mr. Smith upon this subject,
referred to in my No. 44 of June 1878, and in my No. 207 of this month, the cod-banks
lie in the open Sea of Okhotsk, many marine leagues off the south-western coast of
Kamtchatka. I observe that Messrs. Lynde and Hough state that their vessels fish from
10 to 25 miles from the shore. At that distance in an open sea they cannot be said " to
fish upon the coast."
I do not think that Russia claims that the Sea of Okhotsk is a mare clausum, over
which she has exclusive jurisdiction. If she does, her claim is not a tenable one since the
cession of part of the group of the Kurile Islands to Japan, if it ever were tenable at any
time.
I may add that, according to the information given me four years ago, Russia opposes
no objections to foreign fishermen landing in desert places on the coast of Kamtchatka, far
from the few villages which are found on that coast, for the purposes of catching bait and
procuring fresh water; but she does object to all communication between trading and
fishing vessels and the inhabitants, alleging that these vessels sell them whiskey, upon
which they get drunk, and neglect their fishing, their only means of livelihood, and then,
with their wives and children, die of starvation the ensuing winter.
I
(Signed)
itn, &c.
WICKHAM HOFFMAN.
No. 16.
Mr. Hoffman to Mr. Frelinghuysen.—(Received June 6.)
Legation of the United States, St. Petersburgh,
Sir, May 22, 1882.
REEERRING to your No. 120 and to my Nos. 211 and 215, I have the honour to
forward to you herewith a translation of a note recently received from M. de Giers upon the
subject of hunting, fishing, and trading in the Pacific waters.
I do not see that there is anything in the Regulations referred to that affects our
whalers, nor our cod fisheries either, except that when they go ashore to catch small fish
for bait in the streams, they expose themselves to interruption from the Russian
authorities, who, finding them in territorial waters, may accuse them of having taken their
fish therein.
I will endeavour to procure and forward you a translation of the Articles of the Code
referred to by M. de Giers, that you may have the whole matter before you. This cannot
be done, however, under several days.
I am, &c.
(Signed) WICKHAM HOFFMAN.
Inclosure in No. 16.
M. de Giers to Mr. Hoffman.
(Translation.) Ministry of Foreign Affairs, Asiatic Department,
Sir, May 8 (20), 1882.
REFERRING to the exchange of communications which has taken place between us
on the subject of a Notice published by our Consul at Yokohama relative to fishing, hunting,
£653] Gr
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and to trade in the Russian, waters of the Pacific, and in reply to the note which you
addressed to me, dated the 15th (27th) March, I am now in a position to give you the
following information.
A Notice of the tenour of that annexed to your note of the 15th March Was, in fact,
published by our Consul at Yokohama, and our Consul-General at San Francisco is also
authorized to publish it.
This measure refers only to prohibited industries and to the trade in contraband; the
restrictions which it establishes extend strictly to the territorial waters of Russia only. It
was required by the numerous abuses proved in late years, and which fell with all their
weight on the population of our sea-shore and of our islands, whose only means of support
is by fishing and hunting. These abuses inflicted also a marked injury on the interests of
the Company to which the Imperial Government had conceded the monopoly of fishing and
hunting ("exportation") in islands called the "Commodore" and the "Seals."
Beyond this new Regulation, of which the essential point is the obligation imposed
upon captains of vessels who desire to fish and to hunt in the Russian waters of the Pacific
to provide themselves at Vladivostok with the permission or licence of the Governor-
General of Oriental Siberia, the right of fishing, hunting, and of trade by foreigners in our
territorial waters is regulated by Article 560 and those following of Vol. XII, Part II, of the
Code of Laws.
Informing vou of the preceding, I have, &c.
(Signed) GIERS.
No. 17.
Mr. Hoffman to Mr, Frelinghuysen.—(Received July 3.)
Legation of the United States, St. Petersburgh,
Sir, June 14, 1882.
REFERRING to my No. 228,1 have the honour to forward to you herewith a translation of a note and inclosure received yesterday from M. de Giers upon the subject of
fishing and hunting in the Russian Pacific waters. As far as I am at present informed,
the Department has now before it the whole legislation of Russia upon the subject.
(Signed)
m, &c.
WICKHAM HOFFMAN.
Inclosure 1 in No. 17.
M. de Giers to Mr, Hoffman.
(Translation.) Ministry of Foreign Affairs, Asiatic Department,
Sir, June 1 (13) 1882.
IN consequence of the note which you addressed to me on the 13th (25th) May,
relative to fishing and hunting in our Pacific waters, and in which you expressed the desire
to have a translation of the Articles of our Code which govern the matter, I have the
honour to transmit to you herewith a translation of Articles 560, &c<, of the Code, Vol. XII,
Part II.
Receive, &c.
(Signed) GIERS.
Inclosure 2 in No. 17'
Articles 560, 561, 562, 565, and 571 of the Russian Code, Vol. XII, Part II.
(Translation.)
ARTICLE 560. The maritime waters, even when they wash the shores where there is
a permanent population, cartnot be the subject of private possession; they are open to the
use of one and all.
Art. 561. No exception will be made to this general rule, except under the form of
special privileges granted for the right of fishing in certain fixed localities and during
limited periods.
Art. 562. The above Regulation regarding the right of fishing and analogous
occupations on the seas extends equally to all lakes which do not belong to private
properties.
Art. 565. No restriction shall be established as regards the apparatus (engines)
employed for fishing and for analogous occupations in the high seas, and it shall be
permitted to every one to use for this purpose such apparatus as he shall judge to be best
according to the circumstances of the locality.
Art. 571* Ships in quarantine are not permitted to fish. The same prohibition
extends in general to all persons in those localities where ships are lying undergoing
quarantine. **!
21
No. 18.
Mr. Lothrop to Mr. Bayard.—(Received March 7-)
Legation of the United States, St. Petersburgh,
Sir, February 17, 1887.
IN compliance with the instructions of your despatch No. 65 of the 4th December last,
I addressed a note on the 22nd December to the Imperial Minister for Foreign Affairs,
asking for the facts and grounds on which the American schooner " Henrietta" was
seized and confiscated off East Cape, in Behring Straits, on the 24th August last.
On the 21st January last I received a reply, a translation of which I inclose herewith,
stating that the " Henrietta " was confiscated by the Judgment of a Commission sitting on
board the Imperial corvette " Kreysser," for the offence of illicit trading on the Russian
coast. j Up
On the 24th January I had a personal interview with General Vlangaly, the Assistant
Minister of Foreign Affairs, in which I asked him how the Commission that sat on board
the corvette was constituted. He informed me that it was composed of certain officers of
the corvette, acting under the orders of the Government of Eastern Siberia, within whose
general jurisdiction such matters were vested.
I also called his attention to the fact that his note to me failed to specify in what the
"illicit commerce" consisted, and asked him for further information. He replied that he
was not then able to give me the desired information, but said an answer in respect to the
seizure and condemnation of the American schooner " Eliza" was in preparation, and
would be sent to me in a few days, and he thought that perhaps I might thereby receive the
information sought.
On the 1st February I received the promised communication respecting the
"Eliza," a copy of which will accompany the despatch which will immediately follow
the present one.
It will be seen that the seizure and condemnation of the schooners rest on the provisions of an administrative Order (" d'une disposition administrative") prohibiting, after
the first of the year 1882, all trading, hunting, and fishing on the Russian Pacific coasts
without special licence from the Governor-General.
It is claimed that very extensive publicity of this Regulation was given in 1881-83
through the newspapers of Yokohama, in the Russian Consulates of the Pacific, and at
the American custom-houses.
Upon the receipt of this last note I at once, for greater celerity, wrote to General
Vlangaly asking him for a copy of the Trading Regulation or Order.
I also asked if I was right in my understanding that the Commission was composed
of the officers of the vessel that made the capture.
I supposed this last note would be answered at once, but as it has not been, I have
concluded not to wait any longer before reporting the case to you.
The feature that strikes me as very peculiar in these cases is the fact that the captors
are also the judges of their own acts. The Commission seems to sit at once at the place
of capture, and the evidence on which it acts would seem to be that which the captors
derive from their own observation on the spot. It is, perhaps, a fundamental and equitable
maxim of jurisprudence that no one can be a judge of his own cause, and it will probably
be worthy of consideration how far the decisions of a Tribunal so constituted can be
considered as valid.
I am, &c.
(Signed) GEO. V. N. LOTHROP.
Inclosure in No. 18.
General Vlangaly to Mr. Lothrop.
(Translation.) Ministry of Foreign Affairs, Asiatic Department,
Mr. Envoy, January 8 (20), 1887.
IN consequence of the note addressed by you to me on the 10th (22nd) December,
I hasten to ask information of the Maritime Province, by telegraph, in regard to the seizure
of the " Henrietta."
I have now the honour to bring to your knowledge that, according to the information
communicated to me by General Enghelm, Acting Governor of said province, the
" Henrietta" was in fact seized and confiscated on the 17th (29th) August, in virtue of a
decision of the Commission sitting on board of the Imperial corvette " Kreysser," for the
offence of illicit trading on our coasts.
Pray accept, &c.
(Signed) A. VLANGALY.
In
**• 22
No. 19.
Mr. Lothrop to Mr. Bayard.—(Received March 7.)
Legation of the United States, St. Petersburgh,
Sir, February 17, 1887.
I HAVE the honour to transmit to you a translation of a communication received
from the Imperial Foreign Office on the 1st February instant, relative to the seizure of the
schooner " Eliza."
The Russian Government claims that she was seized and condemned under the
provisions of an Order, or Regulation, which took effect at the beginning of 1882, and
which absolutely prohibited every kind of trading, hunting, and fishing on the Russian
Pacific coast without a special licence from the Governor-General.
It is not claimed that the " Eliza" was engaged in seal-fishing, but that she was
found actually engaged in trading with the natives with the contraband articles of arms and
strong liquors.
She was condemned by a Commission sitting on the Imperial corvette " Rasboinik,"
composed of the officers thereof. In this respect the case is precisely like that of the
"Henrietta," mentioned in my last preceding despatch No. 95, and of this date.
It will be noticed that Mr. Spooner, the owner of the " Eliza," in his statement
of his claim, declares that the " Eliza " was " on a trading voyage, engaged in bartering
with the natives, and catching walrus, and as such did not come under the Notice of the
Russian Government, which was directed against the capture of seals on Copper, Robbins,
and Behring Islands."
It will be seen that Mr. Spooner either refers to an Order of the Russian Government
different from the one mentioned by the Imperial Foreign Office, or he understood the
latter in a very different sense.
I may add that the Russian Code of Prize Law of 1869, Article 21, and now in force,
limits the jurisdictional waters of Russia to 3 miles from the shore.
As stated in my previous despatch, I have asked for a copy of the Order or Regulation
under which the " Henrietta " and " Eliza " were seized and condemned.
Very truly, &c.
(Signed) GEO. V. N. LOTHROP.
I! ;
Inclosure in No. 19.
General Vlangaly to Mr. Lothrop.
(Translation.) Ministry of Foreign Affairs,
Mr. Envoy, Asiatic Department, January 19 (31), 1887.
THE Chief of the General Staff of the Navy has just transmitted to me the information
which I had requested from that Department in consequence of the note that you addressed
to me bearing date the 5th (17th) July, 1886, in regard to the incident of the seizure of the
schooner " Eliza."
This information is in substance to the effect that the "Eliza" was confiscated not
for the fact of seal-hunting, but by virtue of an Administrative Regulation prohibiting,
from the beginning of the year 1882, every kind of commercial act, of hunting, and of
fishing on our coasts of the Pacific, without a special authorization from the Governor-
General, and carrying with it, against those disregarding it, the penalty of the seizure of
the ship as well as of the cargo.
During the years 1881-83, the widest means of publicity were employed in bringing
this Regulation to the knowledge of the parties interested. It was published in the
journals of Yokohama, posted up in all our Consulates of the Pacific, and communicated
to the American Custom-house establishments.
The complainant cannot, therefore, plead ignorance of the prohibitory measures
in question.
The crew of the "Eliza" was engaged not only hunting walrus on our coast of
Kamtchatka, and in commercial transactions with the natives, but traded there with iUicit
articles such as arms and strong liquors.
The infringements of the printed Regulations are duly established by the open
act and the confession of the captain, Austin Weston, who made no protest against the
seizure of the vessel ordered under that head by the Commission sitting ad hoc on board
the Imperial corvette " Rasboinik."
The captain and his second officer besides acknowledge the offence charged against
"them of hunting and of trading in their depositions annexed to the Petition itself of
Mr. Spooner and communicated to the Imperial Ministry by the Legation of the United
States, under date of the 16th (28th) April.
In  informing you of the  foregoing  circumstances,  which  demonstrate the entice,
legitimacy of the seizure of the " Eliza," I have no doubt, Mr. Envoy, that you will
be led to conclude that the claim brought by the proprietor of  that ship is without
foundation.
And I avail myself, &c.
(Signed) A. VLANGALY.
SSm Part 3.
TREATIES BETWEEN THE UNITED STATES AND
RUSSIA, AND GREAT BRITAIN AND RUSSIA:
1824 1825, & 1867. I W^
L
IS
TABLE OF CONTENTS.
No.
1. Convention between the United States and Russia, relative to the Pacific Ocean, and the
North-Western Coast of America.   Signed at St. Pfetersburgh, April & (17), 1824
2. Convention between Great Britain and Russia.    Signed at St. Petersburgh, February
16 (28), 1825 .. .. .. .m .* •» •• ••
3. Treaty between the United States and Russia.    Signed at Washington, March 30, 1867
(English version)   .. .. .. .. .. •• •• ••
Page n*
treaties between the United States and Russia, and Great
ritain and liussia: 1824, 1825, and 1867.
No. 1.
CONVENTION BETWEEN THE UNITED STATES AND RUSSIA, RELATIVE
TO THE PACIFIC OCEAN, AND THE NORTH-WESTERN COAST OF
AMERICA.—Signed at St. Petersburgh, April 5 (17), 1824.
[Original French Text.]
Au Nom de la Tres Sainte et Indivisible Trinite.
LE President des £tats-Unis d'Amerique, et Sa Majeste' l'Empereur de Toutes les
Russies, voulant cimenter les liens d'amitie qui les unissent, et assurer entre eux le
maintien invariable d'un parfait accord, moyennant la presents Convention, ont nomine*
pour leurs Plenipotentiaires a cet effet, savoir:
Le President des fitats-Unis d'Amerique, le Sieur Henry Middleton, Citoyen des dits
fitats, et leur Envoye* Extraordinaire et Ministre Pienipotentiaire pres Sa Majeste Imperiale ;
Et Sa Majeste l'Empereur de Toutes les Russies, ses aimes et feaux les Sieurs
Charles Robert Comte de Nesselrode, Conseiller Prive actuel, Membre du Conseil
d'etat, Secretaire d'fitat dirigeant le Ministere des Affaires fitrangeres, Chambellan
actuel, Chevalier de l'Ordre de Saint-Alexandre Newsky, Grand-Croix de l'Ordre de
Saint-Wladimir de la premiere classe, Chevalier de celui de l'Aigle Blanc de Pologne,
Grand-Croix de l'Ordre de Saint-li/fcienne de Hongrie, Chevalier des Ordres du Saint-
Esprit et de Saint-Michel, et Grand-Croix de celui de la Legion d'Honneur de France,
Chevalier Grand-Croix des Ordres de l'Aigle Noir et de l'Aigle Rouge de Prusse, de
l'Annonciade de Sardaigne, de Charles III d'Espagne, de Saint-Ferdinand et du Merite
de Naples, de l'Elephant de Danemarc, de l'fitoile Polaire de Suede, de la Couronne
de Wurtembourg, des Guelphes de Hanovre, du Lion Beige, de la Fidelity de Bade, et
de Saint-Constantin de Parme: et Pierre de Poletica, Conseiller d'Etat actuel, Chevalier
de l'Ordre de Sainte-Anne de la premiere classe, et Grand-Croix de l'Ordre de Saint-
Wladimir de la seconde;
Lesquelles, apres avoir echange leurs Pleins Pouvoirs, trouves en bonne et due forme,
ont arrets et signe les stipulations suivantes :—
ARTICLE I.
II est convenu que dans aucune partie du Grand Ocean, appele" communement Ocean
Pacifique ou Mer du Sud, les citoyens ou sujets respectifs des Hautes Pussances Contractantes ne seront ni troubles ni genes, soit dans la navigation, soit dans 1'exploitation,
de la peche, soit dans la faculte* d'aborder aux cotes sur des points qui ne seroient pas deja.
occupes, afin d'y faire le commerce avec les indigenes; sauf toutefois les restrictions et
conditions determinees par les Articles qui suivent.
ARTICLE II.
Dans la vue d'empecher que les droits de navigation et de peche exerce sur le Grand
Ocean par les citoyens et sujets des Hautes Puissances Contractantes, ne deviennent
le pretexte d'un commerce iilicite, il est convenu que les citoyens des Etats-Unis
n'aborderont a- aucun point ou il se trouve un etablissement Russe, sans la permission du
Gouverneur ou Commandant; et que reciproquement les sujets Russes ne pourront
aborder sans permission a aucun etablissement des Etats-Unis sur la cote nord-ouest.
ARTICLE III.
II est convenu en outre, que dorenavant il ne pourra etre forme par les citoyens des
^tats-Unis, ou sous l'autorite des dits Etats, aucun etablissement sur la cote nord-ouest
[653] • H I
d'Amerique, ni dans aucune des iles adjacentes au nord du 54e degre et 40 minutes de
latitude septentrionale; et que de meme il n'en pourra 6tre forme aucun par des sujets
Russes, ou sous l'autorite de la Russie, au sud de la meme parallele.
J
ARTICLE IV.
II est n6anmoins entendu que pendant un terme de dix annees, a compter de la
signature de la presente Convention, les vaisseaux des deux Puissances, ou qui appartien-
droient a leurs citoyens ou sujets respectifs, pourront reciproquement frequenter, sans
entrave quelconque, les mers interieures, les golfes, havres, et criques sur la cdte mentionnee
dans l'Article precedent, afin d'y faire la peche et le commerce avec les naturels du pays.
ARTICLE V.
Sont toutefois except^es de ce m§me commerce accorde par l'Article precedent, toutes
les liqueurs spiritueuses, les armes k feu, armes blanches, poudre et munitions de guerre de
toute espece, que les deux Puissances s'engagent reciproquement a ne pas vendre, ni
laisser vendre aux indigenes par leurs citoyens et sujets respectifs, ni par aucun individu
qui se trouveroit sous leur autorite. II est egalement stipule que cette restriction ne
pourra jamais servir de pretexte, ni etre alieguee dans aucun cas, pour autoriser soit
la visite ou la detention des vaisseaux, soit la saisie de la marchandise, soit, enfin, des
mesures quelconques de contrainte envers les armateurs ou les equipages qui feroient ce
commerce ; les Hautes Puissances Contractantes s'etant reciproquement 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.
ARTICLE VI.     H
Lorsque cette Convention aura ete duement ratifiee par le President des fitats-Unis,
de l'avis et du consentement du Senat, d'une part, et de. l'autre par Sa Majeste l'Empereur
de Toutes les Russies, les ratifications en seront echangees a Washington dans le delai de
dix mois de la date ci-dessous, ou plus t6t si faire se peut. En foi de quoi les Plenipotentiaires respectifs l'ont signee, et y ont fait appose les cachets de leurs armes.
Fait a Saint-Petersbourg, le 5 (17) Avril, de l'an de Grace 1824.
(Signe) HENRY MIDDLETON.
LE COMTE CHARLES DE NESSELRODE.
PIERRE DE POLETICA.
L
No. 2.
CONVENTION BETWEEN GREAT BRITAIN AND RUSSIA.—Signed at
St. Petersburgh, February 16 (28), 1825.
[Original French Text.]
Au Nom de la Tres Sainte et Indivisible Trinite.
SA Majeste le Roi du Royaume-Uni de la Grande-Bretagne et de l'lrlande, et Sa
Majeste l'Empereur de Toutes les Russies, desirant resserrer les liens de bonne intelligence
et d'amitie qui les unissent, au moyen d'un accord qui regleroit, d'apres le principe des
convenances reeiproques, divers points relatifs au commerce, a la navigation, et aux
pecheries de leurs sujets sur l'Ocean Pacifique, ainsi que les limites de leurs possessions
respectives sur la c6te nord-ouest de l'Amerique, ont nomm.e des Plenipotentiaires pour
conclure une Convention a cet effet, savoir:
Sa Majeste le Roi du Royaume-Uni de la Grande-Bretagne et de l'lrlande, le Tres
Honorable Stratford Canning, Conseiller de Sa dite Majeste en son Conseil Prive, &c;
Et Sa Majeste l'Empereur de Toutes les Russies, le Sieur Charles Robert Comte de
Nesselrode, son Conseiller Prive actuel, Membre du Conseil de l'Empire, Secretaire d'Etat
dirigeant le Ministere des Affaires Etrangeres, &c, et le Sieur Pierre de Poletica, son
Conseiller d'Etat actuel, &c;
Lesquels Plenipotentiaires, apres s'e^tre communique leurs Pleins Pouvoirs respectifs,
trouves en bonne et due forme, ont arrete et signe les Articles suivans:—
ARTICLE I.
II est convenu que dans aucune partie du Grand Ocean, appele communement Ocean
Pacifique, les sujets respectifs des Hautes Puissances Contractantes ne seront ni troubles, ni 
g&nes, soit dans la navigation, soit dans 1'exploitation de la p§che, soit dans la faculte
d'aborder aux c6tes, sur des points qui ne seroient pas deja occupes, afin d'y faire le
commerce avec les indigenes, sauf toutefois les restrictions et conditions determinees par les
Articles qui suivent.
ARTICLE II.
Dans la vue d'empecher que les droits de navigation et de p§che exerces sur le Grand
Ocean par les sujets des Hautes Parties Contractantes, ne deviennent le pr^texte d'un
commerce illicite, il est convenu que les sujets de Sa Majeste Britannique n'aborderont a
aucun point ou il se trouve un etablissement Russe, sans la permission du Gouverneur ou
Commandant, et que, reciproquement, les sujets Russes ne pourront aborder, sans permission,
a aucun etablissement Britannique sur la cote nord-ouest.
ARTICLE III. *4:
La ligne de demarcation entre les possessions des Hautes Parties Contractantes sur la
cote du continent et les iles de l'Amerique nord-ouest, sera tracee ainsi qu'il suit:—
A partir du point le plus meridional de Pile dite Prince of Wales, lequel point se
trouve sous la parallele du 54e degre 40 minutes de latitude nord, et entre le 131° et le
133e degre de longitude ouest (rneridien de Greenwich), la dite ligne remontera au nord le
long de la passe dite Portland Channel, jusqu'au pf§nt de la terre ferme ou elle atteint le
56e degre de 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 141e degre de
longitude ouest (m£me rneridien); et, finalement, du dit point d'intersection, la meme ligne
meridienne du 141e degre formera, dans son prolongement jusqu'a la Mer Glaciale, la
limite entre les possessions Russes et Britanniques sur le continent de l'Amerique nord-
ouest.
. ,|f|. ^fjj    ARTICLE IV. i |g
II est entendu, par rapport a la ligne de demarcation determinee dans l'Article
precedent:
1. Que Pile dite Prince of Wales appartiendra toute entiere a la Russie.
2. Que partout ou la crete des montagnes qui s'etendent dans une direction parallele a
la cote depuis le 66e degre de latitude nord au point d'intersection du 141e degre de
longitude ouest, se trouveroit a la distance de plus de 10 lieues marines de l'ocean, la
limite entre les possessions Britanniques et la lisiere de c6te mentionnee ci-dessus comme
devant appartenir a, la Russie, sera formee par une ligne parallele aux sinuosites de la cote,
et qui ne pourra jamais en e"tre eloignee que de 10 lieues marines.
If    .      ARTICLE V.   . ' "H
II est convenu en outre, que nul etablissement ne sera forme par l'une des deux
Parties dans les limites que les deux Articles precedens assignent aux possessions de
l'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 dela des dites limites.
ARTICLE VI.
II est entendu que les sujets de Sa Majeste Britannique, de quelque cote qu'ils
arrivent, soit de l'ocean, soit de l'interieur du continent, jouiront a perpetuite du droit de
naviguer librement, et sans entrave quelconque, sur tous les fleuves et rivieres qui, dans
leurs cours vers la Mer Pacifique, traverser ont la ligne de demarcation sur la lisiere de la
cote indiquee dans l'Article III de la presente Convention.
. ;M -"J' ARTICLE VII. ■■,."•;:■
II est aussi entendu que, pendant l'espace de dix ans, a dater de la signature de cette
Convention, les vaisseaux des deux Puissances, ou ceux appartenans k leurs sujets
respectifs, pourront reciproquement frequenter, sans entrave quelconque, toutes les mers
interieures, les golfes, havres, et criques sur la cote mentionnee dans l'Article III, afin d'y
faire la peche et le commerce avec les indigenes.
ARTICLE VIII.
Le port de Sitka, ou Novo Archangelsk, sera ouvert au commerce et aux vaisseaux
des sujets Britanniques durant l'espace de dix ans, a dater de l'echange des ratifications de
cette Convention. Au cas qu'une prolongation de ce terme de dix ans soit accordee a
quelque autre Puissance, la m^me prolongation sera egalement accordee k la Grande-
Bretagne.
1653) I 
ARTICLE IX.
La susdite liberte de commerce ne s'appliquera point au trafic 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 pays, les articles ci-dessus
mentionnes.
ARTICLE X.
Tout vaisseau Britannique ou Russe naviguant sur l'Ocean Pacifique, qui sera force par
des temp^tes, ou par quelque accident, de se refugier dans les ports des parties respeetives,
aura la liberte de s'y radouber, de s'y 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 batimens nationaux. Si, cependant, le patron d'un
tel navire se trouvoit dans la ne«essite de se defaire d'une partie de ses marchandises pour
subvenir a ses depenses, il sera tenu de se conformer aux Ordonnances et aux Tarifs de
Fendroit ou il aura aborde.
ARTICLE XL
Dans tous les cas de plaintes relatives a l'infraction des Articles de la presente
Convention, les autorites civiles et militaires des deux Hautes Parties Contractantes, sans
se permettre au prealable ni voie de fait, ni mesure de force, seront tenues de faire un
rapport exact de l'affaire et de ses circonstances a leurs Cours respeetives, lesquelles
s'engagent a la regler a l'amiable, et d'aprfes les principes d'une parfaite justice.
ARTICLE XII.
La presente Convention sera ratifiee, et les ratifications en seront echangees a Londres
dans l'espace de six semaines, ou plus tot si faire se peut.
En foi de quoi les Plenipotentiaires respectifs l'pnt signee, et y ont appose le cachet de
leurs armes.
Fait a Saint-Petersbourg, le 16 (28) Fevrier, de l'an de Grace 1825.
(L.S.) STRATFORD CANNING.
(L.S.) LE COMTE DE NESSELRODE.
(L.S.) PIERRE DE POLETICA.
No. 3.
TREATY BETWEEN THE UNITED  STATES  AND  RUSSIA.—Signed at
Washington, March 30, 1867 (English version).
By the President of the United States of America.
A Proclamation.
WHEREAS a Treaty between the United States of America and His Majesty the
Emperor of All the Russias was concluded and signed by their respective Plenipotentiaries
at the city of Washington, on the 30th day of March last, which Treaty, being in the
English and French languages, is word for word as follows :—
The United States of America and His Majesty the Emperor of All the Russias, being
desirous of strengthening, if possible, the good understanding which exists between them,
have, for that purpose, appointed as their Plenipotentiaries:
The President of the United States, William H. Seward, Secretary of State;
And His Majesty the Emperor of All the Russias, the Privy Councillor Edward de
Stoeckl, his Envoy Extraordinary and Minister Plenipotentiary to the United States.
And the said Plenipotentiaries, having exchanged their full powers, which were 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 established by the Convention between Russia
and Great Britain, of the 16th (28th) February, 1825, and described in Articles III and TV
of said Convention, in the following terms :
*f Commencing from the southernmost point of the island, called Prince of Wales
Island,   which   point   lies   in   the parallel of   54°  40'   north  latitude,  and   between 5
the 131st and the 133rd 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 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 intersection, the said meridian line of
the 141st degree, in its prolongation as far as the Frozen Ocean.
IIV. With reference to the line of demarcation laid down in the preceding Article,
it is understood—
| 1st. That the island called Prince of Wales Island shall belong wholly to Russia "
(now, by this cession, to the United States).
<l 2nd. That whenever the summit of the mountains which extend in a direction parallel
to the coast from the 56th degree of north latitude 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 (that is to say, the limit to the possessions ceded by
this Convention) shall be formed by a line parallel to the winding of the coast, and which,
shall never exceed the distance of 10 marine leagues therefrom."
The western limit within which the territories and dominion conveyed, are contained,
passes through a point in Behring Straits on the parallel of 65° 30' north latitude,
at its intersection by the meridian which passes midway between the Islands of
Krusenstern, or Tgnalook, and the Island of Ratmanoff, or Noonarbook, 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 south-west through Behring
Straits and Behring Sea, so as to pass midway between the north-west point of the Island
of St. Lawrence and the south-east point of Cape Choukotski, to the meridian of 172 west
longitude; thence, from the intersection of that meridian, in a south-westerly direction, so
as to pass midway between the Island of Attou and the Copper Island of the Kormandorski
couplet or group in the North Pacific Ocean, to the meridian of 193° west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east
of that meridian.
ARTICLE II.
In the cession of territory and dominion made by the preceding Article are included
the right of property in all public lots and squares, vacant lands, and all public buildings,
fortifications, barracks, 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 be 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 may be required, will be,
at all times, given by the United States to the Russian Government, or to such Russian
officers or subjects as they 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 immunities of citizens of the
United States, and shall be maintained and protected in the free enjoyment of their liberty,
property, and religion. The uncivilized tribes will be subject to such laws and regulations
as the United States may, from time to time, adopt in regard to aboriginal tribes of that
country.
ARTICLE IV.
His Majesty the Emperor of All the Russias shall appoint, with convenient dispatch,
an agent or agents for the. purpose of formally delivering to a similar agent or agents
appointed on behalf of the United States, the territory, dominion, property, dependencies
and appurtenances which are ceded as above, and for doing any other act which may he
necessary in regard thereto. Bnt the cession, with the right of immediate possession, is
nevertheless to be deemed complete and absolute on the exchange of ratifications, without
waiting for such formal delivery.
ARTICLE V.
Immediately after the exchange of the ratifications of this Convention, any fortifications or military posts whieh may be in the ceded territory shall be delivered to the Agent
of the United States, and any Russian troops which may be in the territory shall be withdrawn as soon as may be reasonably and conveniently practicable.
fepuwmfc
mm 6
ARTICLE VI.
In consideration of the cession aforesaid, the United States, agree to pay at the
Treasury in Washington, within ten months after the exchange of the ratifications of this
Convention, to the Diplomatic Representative or other Agent of His Majesty the Emperor
of All the Russias, duly authorized to receive the same, 7j200,000 dollars in gold. The
cession of territory and dominion herein made is hereby declared to be free and unencumbered by any reservations, privileges, franchises, grants, or possessions, by any 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 privileges 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 ratifications shall be exchanged at
Washington within three months from the date hereof, or sooner, if possible.
In faith whereof, the respective Plenipotentiaries have signed this Convention, and
thereto affixed the seals of their arms.
Done at Washington, the 30th day of March, in the year of our Lord 1867.
(L.S.) WILLIAM H. SEWARD.
(L.S.) EDOUARD DE STOECKL.    

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