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Appendix to counter-case of Her Majesty's Government. Vol. I Great Britain 1899

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Array   THE LIBRARY
THE UNIVERSITY OF
BRITISH COLUMBIA  BEHRING  SEA ARBITRATION.
APPENDIX
TO
COUNTER-CASE   OP   HER   MAJESTY'S   GOVERNMENT.
VOL. I.  TABLE OF  CONTENTS.
•Correspondence respecting date of submitting British Commissioners' Report
Mr. Foster to Mr. Herbert, September 27, 1892
Lord Rosebery to Mr. Herbert, October 13, 1892
Mr. Herbert to Lord Rosebery, November 9, 1892
Mr. Foster to Mr. Herbert, November 9, 1892
Memorandum sent by Sir J. Pauncefote to Mr. Foster, January 7, 1893    ...
Translations of Russian documents furnished in Vol. I of the Appendix to the United States'
Case
Minister of Finance to Minister of Marine, April 9,'1820
Minister of Finance to Board, April 10, 1820...
Board to Chief Manager, April 23, 1820        ... ... ...
March 31, .1821
August 3, 1820
Orders to Kadiak Office, August 3, 1820
Board to Chief Manager, March 15, 1821
„ „ September 7, 1821  ... ...
„ „ September 20, 1821
February 28, 1822  ...
July 31, 1822 	
Minister of Finance to Board, July 18, 1822 ...
April 2,1824   ...
Count Nessebode to N S. Mordvinoff, April 11, 1824  ...
Minister of Finance to Board, September 4, 1824
.Count Nesselrode to Minister of Finance, August 18, 1824
Proceedings of Conference, July 21, 1824
Board to Kupreianof, March 31, 1840 ... .., ... ...
Board to Acting Chief Manager, March 20, 1853
Chief Manager to Benzeman, June 20, 1861 ...
O 3 3
Department of Commerce to Board, June 19, 1865
Concerning granting of Fourth Charter
Opinion of Council of State ... .:.
Proclamation
Board to Chief Manager, April 6', 1817
Kiachta Office to Board, February 8, 1817
Board to Chief Manager, March 8, 1843
Board to Captain Rudakof, April 22, 1853
Board to Chief Manager, April 24, 1854
„ 1 November 8, 1854   ...
„ „ June 5, 1857
Chief Manager to Board, October 7, 1857
January 13, 1859    ...
May 13, 1860
Manager of St. Paul Island to Chief Manager, June 20, 1859
Chief Manager to Board, July 16, 1863
Chief Manager to Manager of St. Paul, May 1, 1864    ...
Mr. Adams to Mr. Rush, July 22, 1823
mm
Page
1-10
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11-55
11
I.".
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54 IV
Documents produced by the United States on notice by British Agent      ... 	
Notice by British Agent, September 30, 1892
Mr. Poster to Mr. Tupper, November 5, 1892
Governor-General of Siberia to Count Nesselrode, February 1, 1820
M. Riccord to Privy Councillor Pestel, July 2, 1819 (Extract)...
Board to Chief Manager, February 28, 1822
Letter of January 1821... ... ... ... ... ... •••
Baron de Tuyll to Mr. Adams, December 5, 1824
Instructions to United States' revenue-cruizers, June 4, 1867—May 27, 1891
Notice by British Agent, September 30, 1892
Mr. Poster to Mr. Tupper, November 5, 1892
Notice by British Agent (1), October 3, 1892
(2), October 3, 1892
Mr. Poster to Mr. Tupper, November 12, 1892
Mr. French to Collector of Customs, San Francisco, April 4, 1881
Mr. Goff to Mr. Windom, July 31, 1889     ...
Geographical Notes relating to the names " Pacific Ocean," " Behring Sea," " North-Eastern
Ocean," " Eastern Ocean," to the meaning of the Expression " North-West Coast," and to
the depth of Behring Sea and its connection with the Basin of the Pacific
French Decree of May 10, 1862, and Law of March 1,1888    ...
Treaty between Great Britain and Mexico, November 27,1888
Examples of United States' Public Documents and Acts of Congress in which sealing is
described as a " fishery "
Statements made by certain witnesses in the United States' Case respecting the Pribyloff
Islands, &c, compared with those previously made by the same persons in official
Reports   ... ... ... ... ...
Lord Salisbury to Mr. J. M. Macoun, May 13, 1892 ...
Mr. J. M. Macoun to Lord Rosebery, January 14, 1893
Tteport by Mr. J. M. Macoun on observations made by him in
Pribyloff Islands    ... ... ... ...
•Meteorological Notes by Mr. C. Carpmael ...
Extracts illustrating the damage done by seals to fisheries
L892, particularly on the
122
•^"^ BEHRING   SEA   ARBITRATION.
Appendix to Counter-Case of Her Majesty's Government
Vol. ■
Corresftoiidence relating to the Date of submitting British Commissioners'
Report.
Sir,
[117]
No. 1.
Mr. Foster to Mr. Herbert
Department of State, Washington, Septembe
ON the 6th instant, the day after the receipt by me of the printed Case of Her Majesty's
Government called for by the provisions of the Arbitration Treaty of 1892, in a conference which I
had the honour to hold with you at the Department of State, I made known to you the painful
impression which bad been .created upon me by a hasty and cursory examination of that Case, but I
withheld any formal representation on the subject until I could have an opportunity to lay the matter
before the President. His absence from this capital and the attendant circumstances have made it
necessary for me to delay a communication to you till the present.
I am now directed by the President to say that he has observed with surprise and extreme regret
that the British Case contains no evidence whatever touching the principal facts in dispute, upon
which the Tribunal of Arbitration must in any event largely, and in one event entirely, depend. No
proof is presented upon the question submitted by the Treaty concerning the right of property or
property interest asserted by the United States in the seals inhabiting the Pribyloff Islands m Behring
■Sea, or upon the question, also submitted to the Tribunal of Arbitration, concerning the concurrent
Regulations which might be necessary in a certain contingency specified in the Treaty.
& If it were fairly to be inferred from this omission that no proofs on these important points are
intended to be offered in behalf of Her Majesty's Government, no ground for criticism or objection by
the Government of the United States could arise, since it is within the exclusive province of either
partv to determine what evidence it will submit in respect to any part of the controversy, or to
.refrain from submitting any evidence at- all. But such inference as to the course contemplated by tl
British Government cfoes not seem consistent with certain statements made by its Agent in the
printed Case submitted by him.; In reference to the asserted property rights and interests, it is said,
after a brief discussion of the question upon the assumption that seals are fierce natural: "In the
absence of any indication as to the grounds upon which the United States base so unprecedented a
claim as that of a right to protection of or property in animals fierce natural upon the high seas, the
further consideration of this claim must of necessity be postponed." (British Case, p. 140.) And in
reference to the subject of concurrent Begulations, it is said: " The further consideration of the subject
of any proposed Relations, and of the evidence proper to be considered by the Tribunal in connection
therewith, must of necessity be for the present postponed."    (British Case p 157.)
It would seem from the foregoing extracts that it is the view of the Agent of the British
Government that he still has an opportunity of laying before the Tribunal any matter which he may
choose to introduce bv way of proofs or evidence bearing upon the question of property, or interest in 2
I
the nature of property, in the Alaskan fur-seals, or upon the question of concurrent Regulations for
the protection and preservation of the same; and, inasmuch as the Treaty provides for the submission
of evidence only through the Cases and Counter-Cases therein mentioned, such view of the British
Ao-ent must be that he may incorporate such proof and evidence in the Counter-Case to be_ prepared
by him, leaving the United States without any means of contradicting, limiting, or qualifying them,
however open they may be to contradiction, limitation, or qualification.
It must be evident to the Government of Her Britannic Majesty that by the provisions of the
Treaty the question whether the United States have any property interest in the seals referred to, and
the question what concurrent Regulations in the specified contingency may be necessary, are directly
submitted to the Tribunal; that the Treaty assumes that each party will or may have allegations o
make and evidence to produce upon both questions ; that the plain contemplation of the Treaty is that
each party shall state in his Case what his propositions of law are, and the evidence which will be
relied upon in support of-them, to the end that the other party may have a fair opportunity of
showing in his Counter-Case that such evidence is untrue, or erroneous, or partial, or subject to
qualification or explanation, for which purpose alone the provision for a Counter-Case was framed.
The British Agent and Counsel must well know that the decision of the two questions above
referred to must depend upon the evidence produced concerning the nature and habits of the fur-seal,
and the methods of capture and killing which are consistent with the preservation of the species ; and
that it is mainly upon these points that collision and contradiction upon matters of fact and differences
in respect to matters of opinion are exhibited by the statements of persons likely to be made witnesses;
that such witnesses are, in many instances, under the influence of prejudice and bias, and in some open
to the suspicion of insincerity and untruthfulness; and that the only way by which either party may
protect itself against the consequences of falsehood or error is by having an opportunity to detect and
expose it.
The President cannot conceal his astonishment that it should be assumed that the British
Government is at liberty to introduce a whole body of testimony of this character for the first time in
its Counter-Case, and thus shut out the United States, from an opportunity of detecting and
exposing any errors which may be contained in it. The Government of the United States cannot fail
to be aware, from the correspondence that has hitherto taken place on this subject between the two
Governments, as well as from full information derived from the Representatives and Agents of Her
Majesty's Government and the Canadian Government in the course of the proceedings and discussions
that have already occurred, not only that it is claimed on the part of those Governments that
material evidence exists to contradict the facts asserted by the Government of the United States,
but that a considerable part of it has been already taken and prepared by the British Government, as
to the character, extent, and weight of which, however, the Government of the United. States is wholly
uninformed.
The propositions of law and of fact upon which the United States will rely in the Arbitration are
precisely stated in its Case now in the hands of Her Majesty's Government, and need not be
recapitulated here. In. support of these assertions of fact a large amount of evidence, and all the
evidence the Government of the United States will offer, except in rebuttal of that which may be
introduced on the other side, has been prepared and is printed in the American Case and its
Appendices.
The facts presented in the American Case are not new. They have been the subject of long
discussion and correspondence between the two Governments, and of prolonged consideration by the
Commissioners of the respective Governments appointed many months before the Treaty was
celebrated, and whose functions, set forth in Article IX of that instrument, were to investigate the
subject of seal life and the measures necessary for its protection. The opposing claims of the
Governments in respect to these facts have been recognized and understood as constituting in one view
to a large extent, and in another view to the full extent, the controversy for the determination of
which the Tribunal of Arbitration has been created. If the Commissioners could have agreed in
respect to them, as was hoped and desired on both sides, an Arbitration might not have been necessary.
It is therefore impossible for the Government of the United States to believe, unless it should be so
assured by Her Majesty's Government, that it is the intention of that Government to bring forward no
evidence on these points in its own behalf.
If such evidence is to be offered hereafter in the British Counter-Case, the result of withholding
it in the Case already delivered will be as follows : "When presented in the Counter-Case, the United
States' Government wdl have, under the provisions of the Treaty, no opportunity whatever to meet it
by rebutting proof of any description, but must proceed immediately to trial without being able to
offer any contradictory, explanatory, or impeaching evidence. The Counter-Case is the last chance
afforded by the Treaty for the introduction of any evidence at all. It is therefore provided that the
Counter-Cases shall not be exchanged until thirty days before the final submission of the questions
for decision. And thus the whole body of the British evidence, if reserved for the Counter-Case
would only come to the knowledge of the Government of the United States on the eve of the hearing
without the privilege of answering it. &'
Especially would such a method of trial prove injurious to the United States' Government in
respect to that branch of the hearing that refers to the Regulations which the Tribunal is authorized
to prescribe for the preservation of the seal herd from extinction, if in the course of the consideration
of the Case they should reach the conclusion that the United States' Government cannot demand such
protection as a right.
A strange misconception seems to exist in the mind of the Agent of Great Britain that a hearing
other than that provided m the Treaty is to be afforded for the consideration of the question of
Regulations, should the contingency therefor arise, and that another opportunity than the printed Case
is to be .granted for the submission of evidence upon this question.    It must be manifest, from an examination of the Treaty that only one opportunity is afforded each party to submit evidence on this
question, and that is to be availed of in the original Case, except so far as evidence iii rebuttal may be
legitimate in the Counter-Case. ■ Should the Arbitrators, in the course of tlieir deliberations, find it
necessary to consider the question of Regulations, the nature, extent, and efficiency of the Regulations to
be framed must be determined entirely upon the evidence already submitted, since the subject is one upon
which the Arbitrators can have no other knowledge than that thus afforded. How far and how gravely
the Governments are at issue upon this point may be seen by reference to the correspondence regarding
it between their respective Representatives preceding the celebration of the Arbitration Treaty.' Can
the United States be reasonably expected to discuss this important question upon a mass of adverse
■ evidence which it has had no chance to meet by counter evidence, and hardly time intelligently to
peruse ?
It is further worthy of remark that, by the proposed method of making up the Case, the United
States' Government will not only be deprived of the means of reply to the British evidence by proof,
but also of the opportunity adequately to discuss it in argument. It will be observed from the provisions of the Treaty that the written argument upon the whole Case must be completed and delivered
within thirty days from the reception of the Counter-Cases. During this time the argument 011 the
American side must be prepared, printed, and sent across the Atlantic, although a considerable part of
the time must necessarily be occupied by Counsel in reaching Paris from the United States. While
this may be possible, though not easy, in respect to so much of the Case as has been for several months
previously in the hands of Counsel, if only evidence strictly in rebuttal remains to be dealt with after
the Counter-Cases are exchanged, it would be manifestly impossible, if the bulk and strength of the '
British proofs are to be presented for the first time in the Counter-Case, to prepare any argument in
respect of them that would be likely to be useful, within a period so short and so interrupted.
• To a construction of the terms of the Treaty which leads to results so grossly unjust and so
gravely prejudicial, the Government of the United States cannot assent. It would be, in its judgment,
such a perversion of the letter and such a violation of the spirit of the Treaty as would threaten to
defeat its objects and be fatal to its usefulness. It may safely be asserted that in no judicial
proceeding ever invented for the determination of disputed facts was it allowed that oneqiarty should
be at liberty to introdiice his whole Case in such a manner as to give to his adversary no opportunity
to present evidence in reply to it, although afforded on his own side full means-of replying to his
adversary's testimony. Such a method of trial could not be expected to result in a just decision.
Had such a proposal been made in the present" Case by either of the High Contracting Parties when
the provisions of the Treaty were being, framed, it would have been at once rejected not only as
inadmissible, but as unworthy of the Government presenting it.
The true intent of the terms of the Treaty in respect to the mode of trial is, as the Government
of the United States respectfully insists, obvious and clear. But one Case and one Counter-Case are
provided for on each side. No issue is previously formed, and no pleadings interposed. It is
manifestly contemplated that both parties shall simultaneously submit to the Arbitrators and to each
other, in the Case which is to be exchanged within four months from the ratification of the Treaty,
their propositions, tlieir claims, and their evidence upon all the points in dispute. Neither goes
forward, as in an action at law; neither is entitled to wait until he receives his adversary's Case before
submitting his own. Both understand by long correspondence and negotiation what the controversy
is. Then to each is afforded the opportunity to reply to the Case on the other side in the Counter-
Case which is to be exchanged within three months after the reception of the Case. The language of
Article IV is upon this point decisive. No further opportunity of submitting evidence and no second
hearing are provided for respecting Regulations or any other matter.
To the Counter-Case no reply is provided for except in argument, for the plain reason that it is
supposed to contain no evidence except that in rebuttal. This method is fair to both sides, and places
both on an equality; and as confirming the intention of the Governments as to these stages of the
proceedings of the Arbitration, it is required that the decision of the Tribunal on the points submitted
to it shall, if possible, be made within three months from the close of the arguments.
The Government of the United States has entire confidence that, in this view of the requirements
of the Treaty, it will have the concurrence of Her Majesty's Government.
The Government of the United States has been, and is, extremely desirous that the Arbitration
should proceed, but only according to the Treaty, the object of which was to provide a fair trial. To
this end it has made an elaborate preparation, and has complied on its part with every requirement of
the Treaty. It would be a source' of profound regret to the United States' Government, and, as it
cannot doubt, to Her Majesty's Government, if the Arbitration should at this stage be put in peril.
Should the assurance be received from Her Majesty's Government that the apprehension above
.expressed is unfounded, and that it is not intended on the part of that Government to offer in its
Counter-Case evidence on the points that have been mentioned herein, the Government of the United
States would accept the British Case as already delivered as a full compliance with the requirements
of the Treaty. But in the absence of such an assurance, and in view of the statements made in that
Case by the Agent of Great Britain herein quoted, I am directed by the President to state that he
Avould feel constrained to regard the British Case as submitted as a failure on the part of Her Majesty's
Government to comply with the terms of the Treaty of the 29th February, 1892, and to protest in the
most solemn manner against this non-compliance with its provisions.
But the President entertains the greatest confidence that when the views herein expressed are
brought to the attention of Her Majesty's Government, it will hasten to correct the errors which have
been made by its Representatives in charge of-its Case, and he is pleased to give the assurance in
advance that the Government of the United States will assent to any reasonable means that may be
proposed to that end by Her Majesty's Government. It is to be noted, however, that if the date fixed
in the Treaty for the closing of the Counter-Cases is to be observed, no time is to be .lost by the 4
British Government in submitting such proposition as may seem to it to be called for under the
circumstances. .     .        , . ,   |     _ ,,,,•,, ..   -, cu.„j.„,
It would not be possible to correct the injustice which the Government of the United States
conceives has already been done by the manner in which the British Case has been made up. It was
an advantage which it is conceived was not intended to be afforded to either party, that, in taking its
•evidence iiichief, it should have the benefit of the possession of all the evidence on the other side, as
also that in making up the Report of its Commissioners it should first be provided with that of then
colleagues representing the other Government in respect to those points upon which they have failed
to iWee. But this disadvantage the United States' Government prefer? to submit to, though quite
aware of its importance, rather than that the Arbitration should be put in peril.
I have felt it necessary to enter at some length upon an exposition of the views of my Government upon this question, because of its great gravity and of the serious consequences which might
result from a failure of the two Governments to agree respecting it, and because of the earnest desire
of my Government to reach a mutually satisfactory settlement. I deem it proper, however, to add, m
conclusion, that the Government of the United States has entire confidence in its ability to maintain
its position in the controversy submitted to the Tribunal of Arbitration ; but to this end :
fclUOCllCO    VI       OUUU   OcH-Ci^LLGUJ-UlO    JLA.V      jJU,±VJ      VKJ    Ct»   J UUJ.WU.*      j^wv,^*---^     v
the protection of his rights ; indeed, a trial of a question of right, when one party has no opportunity
of meeting and answering the allegations and evidence of the other, does ,not deserve the name of a
judicial proceeding.
I have, &c.
(Signed) JOHN W. FOSTER.
No. 2.
The Earl of Rosebery to Mr, Herbert.
Sir, Fo?*eign Office, October 13, 1892.
I HAVE received your despatch of the 28th ultimo, inclosing a copy of the note addressed
to you by the United States' Secretary of State on the 27th September last respecting the Behring
Sea Arbitration.
Its contents, the general purport of which you had previously conveyed to me by telegraph, have
received the attentive consideration of Her Majesty's Government, and it appears to them to be necessary to examine its various contentions iu some detail.
Mr. Foster states :—
1. That the President "has observed with surprise and extreme regret that the British Case contains no evidence whatever touching the principal facts in dispute, upon which the Tribunal of Arbitration must in any event largely, and in one event entirely, depend. No proof is presented upon the
question submitted by the Treaty concerning the right of property or property interest asserted by the
United States in the seals inhabiting the Pribyloff Islands in Behring Sea, or upon the question, also
submitted to the Tribunal of Arbitration, concerning the concurrent Regulations which might be necessary in a certain contingency specified in the Treaty."
2. Mr. Foster goes on to affirm that the Treaty provides for the submission of evidence only
through the Cases and Counter-Cases therein mentioned, and he infers that the view taken by the
British Agent must be " that he may incorporate such proof and evidence in the Counter-Case to be
prepared by him, leaving the United States without any means of contradicting, limiting, or qualifying
them, however open thay may be to contradiction, limitation, or qualification."
The Government of Her Britannic Majesty cannot admit that there is any foundation for these
complaints, which seem to be based upon a construction of the Treaty which, in their belief and in the
opinion of their advisers, is erroneous.
_ The scheme of that Treaty provides that the five questions submitted in Article VI should be kept
distinct from, and that the decision thereon should be prior to, the consideration of any question of
concurrent Regulations, which consideration would only become necessary in the event of the five
points being decided unfavourably to the claim of the United States. The sixth Article requires that
a distinct decision shall be given on each erf these points, while the seventh Article provides that " if the
determination of the foregoing questions as to the exclusive jurisdiction of the United States shall
leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper protection and preservation of the fur-seal in, or habitually resorting
to, Behring -Sea," the Arbitrators shall'then determine what concurrent Regulations are necessary, and
feat "to aid them in that determination, the Report of a Joint Commission, to be appointed by
j!iifcr.espective Governments, shall be laid before them, with such other evidence as either Government
ittfeft^submit." It will be noted that the seventh Article of the Treaty refers only to the Report of a Joint
Commission, and it is by the ninth Article alone provided that the joint and several Reports and recommendations of the Commissioners may be submitted to the Arbitrators, "should the contingency
therefor arise."
The event therefore on the happening of which the Report or Reports and further evidence are to
be submitted is thus indicated by the Treaty j—that event being the determination of the five points
submitted in the sixth Article unfavourably to the claim of the United States, and so that the subject
is left in such a position that the concurrence of Great Britain is necessary for the purpose of establishing proper Regulations.
It will be noticed further that the inquiries of the Commissioners are confined by Articles VII
and IX to the question of Regulations, and have no reference to the points raised by Article VI.
It is clear, therefore, that by the Treaty it was intended that the Report or Reports of the Commissioners should be produced, not as part of the Case upon the questions stated in Article VI, but at
a later stage, and then only in the contingency above referred to.
With regard to point 5 of Article VI, the Government of Her Britannic Majesty, believing that
the alleged | right of property or property interest" depends upon questions of law, and not upon the
habits of seals and the incidents of seal life, have stated propositions of law which in their opinion
demonstrate that the claim of such right is not only unprecedented, but untenable. These propositions
will be found at pp. 135 to 140, 153 to 157, and propositions 15, 16, and 17 on p. 160 of the Case of
this Government.
This being the view of the Government of Her Britannic Majesty, it would have been altogether
inconsistent with it, and, indeed, as they conceive, illogical and improper, to have introduced into the
British Case matter which, in the opinion of Her Majesty's Government, can only be legitimately used
when the question of concurrent Regulations is ui?cie i consideration.
The Government of Her Britannic Majesty therefore reserved, and in their opinion rightly
reserved, until the time contemplated by Articles VII and IX of the Treaty, the consideration of the
question of concurrent Regulations, should the contingency therefor arise, and Her Majesty's Government protest against the introduction at this stage of facts touching seal life, which they contend afford
no support to the exclusive rights claimed by the United States, which were the original cause and
formed the first object of this Arbitration.
With regard to the allegation that the United States will have no means of contradicting, limiting,
or qualifying the proof and evidence adduced in the British Counter-Case, the Government of the
United States appear to have overlooked the provision of Article VII, by which, with reference to the
question of the concurrent Regulations, express permission is given to each Government to submit
other evidence.
These are the views of the Government of Her Britannic Majesty, and they must maintain their
correctness. But the Government of the United States have expressed a different view; they have taken
the position that any facts relevant to the consideration of concurrent Regulations should have been
included in the Case on behalf of Her Britannic Majesty presented under Article III, and that the absence
of any statement of such facts places the United States at a disadvantage.. The Government of Her.
Britannic Majesty, while dissenting from this view, are desirous in every way to facditate the progress
of the Arbitration, and are therefore willing to furnish at once to the Government of the United States
and to the Arbitrators the separate Report of the British Commissioners, with its Appendices. The
Government of the United States are at liberty, so far as they think fit, to treat these documents as
part of the Case of the Government of Her Britannic Majesty.
Her Britannic Majesty's Government must, however, reserve to themselves the right of dealing in
its Counter-Case, or at later stages of the proceedings, as contemplated by the Treaty, with the questions which have been raised in the Case of the United States. It must also be understood that Her
Britannic Majesty's Government reserve to themselves the right of objecting to the introduction in
the consideration of the five points submitted by the sixth Article of the Treaty of matter which they
contend to. be irrelevant, and winch they consider to have been improperly introduced in that
connection.
The Government of Her Britannic Majesty have observed with surprise a suggestion contained
in the concluding paragraphs of Mr. Foster's note, that they have derived an advantage in " making up
the Report of its Commissioners," by being first provided "with that of their colleagues representing
the other Government in respect to those points upon which they have faded to agree." This advantage Mr. Foster further characterizes as important. The Government of Her Britannic Majesty had
taken a different view as to the functions of the Commissioners from that apparently taken by the
'Government of the United States. Her Majesty's Government had regarded them as independent and
free from control in the preparation of their Report, and the duty of strict impartiality will be found
to have been specially impressed upon them in their instructions.
The Report and Appendices, in the words in which they are now presented to the United States,
were printed on the 21st June, 1892, and laid before the Queen in pursuance of Her Majesty's
Commission.
As the time for the delivery of the Counter-Cases has now been extended by sixty days, the
Government of the United States will probably concur in thinking that ample time will be afforded to
that Government for dealing fully with the Report, but the Government of Her Britannic Majesty
woidd be prepared to concur with the United States' Government in agreeing to a further extension of
time, should the United States' Government require it.
You will deliver to Mr. Foster a copy of this despatch, as forming the answer of Her Majesty's
Government to his note of the 27th ultimo, and you will present to him at the same time the accompanying copies of the volume containing the Report of the British Commissioners.
[117] C 6
Copies of the volume will be forwarded to each of the Arbitrators, and Her Majesty's Government propose also to forward to them copies <of Mr. Foster's note and of this despatch.
I am, &c.
(Signed) ROSEBERY.
No. 3.
Mr. Herbert to tlie Earl of Rosebery.—(Received November 21.)
My Lord, Washington, November 9, 1892.
WITH reference to my telegrams of to-day, I called at the Department of State this morning at
the request of Mr. Foster, when he handed me a note containing the reply of the United States'
Government to your Lordship's despatch of the 13th nltimo in regard to the Behring Sea Arbitration.
After briefly recapitulating the principal points of this communication, copy of which I have the
honour to inclose herewith, he stated that I might consider the difficulty which had arisen between the
two Governments as settled, but he wished at the same time to make it clear to me that the United
States' Government had accepted the Report of the British Behring Sea Commissioners as part of the
original British Case, under the assumption that it contained all the evidence on which Her Majesty's
Government intend to rely in regard to pelagic sealing and the habits of the fur-seal, and that no
fresh matter relating to these subjects would be introduced into the British Counter-Case except in
reply to the questions raised in the United States' Case. Should they, however, have been mistaken
in this assumption, they intended to insist on their interpretation of the Treaty before the Tribunal of
Arbitration, and to oppose the submission to the Arbitrators of any matter which might be inserted in
the British Counter-Case which, in the opinion of the United States, would not be justified as relevant
by way of reply to their Case.
I expressed my gratification at the settlement of the question, and asked liim whether the United
States required the extension of time offered by your Lordship for the preparation of their Counter-
Case.
Mr. Foster replied that the offer had been communicated to the United States' Counsel, but that
he did not think any extension of time would be required. He would, however, suggest unofficially,
in view of your Lordship's offer, that the time fixed in the Treaty for the presentation of the printed
Argument should be extended by thirty days for the reasons contained in a short Memorandum which
he gave me, copy of which I have the honour to inclose. He was anxious, he continued, to have
your Lordship's opinion as to this suggestion, which he would make officially in a few days;
and he hoped that the former Agreement which he had suggested would be accepted, as a supplementary instrument to the Treaty would involve many formabties, and would require ratification by
the Senate.
I have, &e.
(Signed) MICHAEL H. HERBERT
Inelosure 1 in jST
o. 6.
Mr. Foster to Mr. Herbert.
Sir, Department of State, Washington, November 9, 1892.
I HAD the honour to receive through you on the 25th ultimo a copy of Lord Rosebery's despatch
of the 13th of the same month, but an acknowledgment has been delayed for the reason that the
interpretation placed by his Lordship upon those provisions of the Arbitration Treaty of the
29th February, 1892, which relate to the mode of procedure called, in the view of the President, for
some response from the Government of the United States, and that this could be more intelligently
framed after the copy of the Report of the Behring Sea Commissioners made to Her Majesty's
Government, and which Lord Rosebery expressed a willingness to furnish to the Government of the
United States, had been examined, and the extent to which that Report would affect the Case theretofore prepared on behalf of Her Majesty's Government more precisely known.
This Report having been furnished to the Government of the United States and carefully
examined, I now proceed to state the views entertained by this Government upon the interpretation of
the Treaty in the particulars above mentioned by Lord Rosebery. That interpretation has been
considered with the care which its character demands, and I am constrained to say that I cannot
concur in it. It appears that, according to the view of Lord Rosebery, all matters relating to the
nature, habits, and life history of the fur-seals, and the modes by which they are taken and killed, that
is to say, substantially, all the matters upon which questions of facts arise between the parties, are
relevant only to the question of concurrent Regulations, and not to the- claim of a property interest asserted by the United States. If this view be correct, it follows that the Treaty makes no provision
by which the allegations and proofs of the one party upon controverted questions of fact may be met,
•considered, and overcome by tlie other. Lord Rosebery himself is able to point to no provision
affording to the parties an opportunity so essential to the preservation of their just rights except that
contained in Article VII, which declares that in the event that the Arbitrators are" called upon to
consider the subject of concurrent Regulations, " the Report of a Joint Commission to be appointed by
the respective Governments shall be laid before them, with such other evidence as each Government
may submit." If this clause were to be interpreted as permitting the parties to lay before the
Arbitrators evidence pertiuent to the subject of concurrent Regulations after the exchange of the Cases
and the Counter-Cases (a view to which the United States does not assent), it certainly makes no
provision for the furnishing of such evidence by the one party to the other which the United States
insists upon as the essential condition for the establishment of truth upon the disputed questions of
fact. When we observe the industrious care with which the Treaty provides for the furnishing of
Cases and Counter-Cases, the first designed to contain the allegations and proofs by which the
respective parties may wish to support their contentions, and the last to enable them to meet and
overcome the proofs adduced by their adversaries, is it possible to doubt that this provision was
intended to cover the case of disputed matters of fact ?
I will not repeat the argument urged in my note of the 27th September, designed to show the
•unreasonableness of imputing to the framers of the Treaty an intention so incompatible with the.
essential conditions of a judicial proceeding as that which appears to be attributed to them by Lord
Rosebery; but again calling the attention of Her Majesty's Government to the views expressed in that
note, I venture to suggest, for the consideration of Lord Rosebery, that when it appears by the Treaty
that industrious care was taken to secure to each party to the controversy a knowledge beforehand of
the allegations and proofs of the other, to the end that a contest might be the more intelligently made
and the real truth more fully and certainly established, it is not a sound'method of interpretation to
nullify the effect of that intent by attaching large importance to the mode in which particular clauses
of the document are expressed. It would seem to be more consonant with reason and with the familiar
principles of the interpretation of written documents in such cases to dispose of any ambiguous
language in particular clauses by a reconciling construction which will permit the known intentions
of the framers of the document to have their effect.
Applying this rule of interpretation to the case in question, I am of the opinion that the particular expressions upon which Lord Rosebery relies have nothing in them inconsistent with the plain
intention of the framers of the Treaty, as manifested by the main provisions above referred to. So far
as the particular language of Article VII is concerned, two observations are to be made :—
1. Interpreting this language as it stands in the Treaty, and without referring to any fact aliunde,
it appears to be equally consistent with either view. The point at which the Commissioners are to
consider the matter of concurrent Regulations is fixed; but neither the time nor tbe point at which
the Report or other evidence is to be laid before them is fixed. The intention may just as well have
been that this should be done in the Cases, and furnished by the parties to each other. It is a frequent
occurrence in judicial controversies that cases present alternative aspects.. Such instances do not call
for separate hearing and decision; but the evidence bearing upon each view is submitted at the outset,
although it is well understood that in certain contingencies parts of the allegations and proofs will not
be considered.
2. As a matter of fact, what now stands as Article VII of the Treaty was, in the same language,
part of an Agreement entered into by the Diplomatic Representatives of the two nations before the
Treaty was concluded, and before the provisions in relation to the exchange of Cases were framed. It
is easy, therefore, to see that ail that was necessary at the time the Article was first framed and agreed
upon' was to provide for the laying before the Arbitrators of their Report and other evidence, leaving
the details of when and how such evidence should be seasonably furnished by the respective parties to
■each other to be thereafter settled in framing other provisions of the Treaty.
Touching the language of Article IX, relating to a contingency in which it is contemplated that
the Reports might not be laid before the Arbitrators, and which contingency Lord Rosebery supposes
to be that of a determination by the Arbitrators upon the five special questions submitted to them
adverse to the United States, I beg to submit that Lord Rosebery is clearly in error. Tbe substance
of Article IX was also embraced in the Agreement above referred to, which preceded the Treaty and
created the Joint Commission. Although at this time it was contemplated that an arbitration should
be provided for, it was yet hoped by the negotiators on each side that a satisfactory scheme of
protection would be agreed to by the Joint Commission. The contingency referred to was that of an
inability of the members of the Joint Commission to come to an agreement satisfactory to their
respective Governments, and not, as Lord Rosebery supposes, that of a determination upon the five
special questions adverse to the contention of the United States. A communication from Mr. Blaine,
one of the negotiators, is appended hereto, showimg the circumstances under which the antecedent
A°reement was -made. It is believed that Sir Julian Pauncefote, the negotiator on the part- of Her
Majesty's Government, will not dissent from this statement.
For the above reasons I cannot concur in the reasoning of Lord Rosebery, based upon a special
consideration of tbe language of particular clauses of the Treaty. If his interpretation of tlie Treaty is
correct, the whole matter of the submission of evidence and of argument as to matters affecting the
question of negotiations is, as I have already suggested, left without any prescription of methods or
limitations as to time. In view of the care taken in these particulars in the Treaty as to the Case and
Counter-Case and Argument, it is not to be supposed that such an omission would have occurred.
The provisions made were plainly intended to cover all matters submitted. I am clearly of the
opinion that the clauses cited by Lord Rosebery, when properly- examined in connection with the
circumstances under which they were framed, contain nothing inconsistent with the plain general
111 intention of the Treaty to secure to each party an opportunity to meet and overcome the allegations
and proofs of his adversary upon disputed questions of fact; and even if these clauses should seem to
contain matter furnishing some' support to the views expressed by Lord Rosebery, a familiar rule_ of
law would require us to subordinate the inference they may suggest to the main purpose of the parties.
It is a matter of frequent occurrence where Agreements come before Judicial Tribunals for interpretation
that incongruities are found between those parts of a writing which express the main purpose of its
framers and those which relate to subordinate details. Such incongruities are always disposed of by a
reconciling construction which secures the main object which the parties had in view.
I entirely agree to the observation of Lord Rosebery, to the effect that the right of property in
fur-seals depends upon questions of law; but I conceive that the precise questions.of law cannot be
known, and cannot, therefore, be determined, until the facts out of which they arise are known ; and I
cannot concur with Lord Rosebery in the view which appears to be entertained by him, that the facts
concerning the nature and habits of fur-seals, and the modes by which their increase may be made
subservient to the uses of man without endangering the existence of the stock, are not pertinent to
the claim of the United States to a property interest. On the contrary, I regard these facts as in the
highest degree important.
Having thus expressed the views entertained by the Government of the United States upon the
argument of Lord Rosebery in support of his interpretation of the Treaty, it remains for me to add that
I am instructed 1 § the President to say that he appreciates the spirit of equity and liberabty in which
Lord Rosebery, while insisting upon his own interpretation, practically to some extent at least, and I
hope fully, yields to the Government of the United States the benefit of its interpretation by furnishing
to the latter the separate Report of Her Majesty's Commissioners, with the permission that the same
be treated as part of the original Case on the part of Great Britain. If, as I believe and assume, this
Report contains substantially all the matter which Her Majesty s Government will rely upon to
support its contentions in respect to the nature and habits of fur-seals, and the modes of capturing
them, I entertain a confident hope that all further difficulty upon the questions discussed in this note
may be avoided.
I deem it necessary, however, to say that the Government of the United States will, should
occasion arise; firmly insist upon its interpretation of the Treaty, and that it reserves the right to
protest against and oppose the submission to, and reception by, the Arbitrators of any matter which
may be inserted in the British Counter-Case which may not be justified as relevant by way of reply
to the Case of the United States.
The President is further gratified by the readiness manifested by Lord Rosebeiy to concur with
the Government of the United States in respect to such extension of time as may be needed in
dealing with the Report of which he has furnished a copy. This friendly offer will be communicated
to the Counsel on behalf of the United States, and their wishes will be made known to your Legation
or the British Agent.
I have, &c.
(Signed) JOHN W. FOSTER.
Inclosur
re
inN
O. 6.
Mr. Blaine to Mr. Foster.
17, Madison Place, Washington, November 8,1892
AFTER an arbitration had been resolved upon between the American and British Governments, a
special correspondence between the Department of State and Lord Salisbury ensued, extending from
early in July to the middle of November 1891. The various subjects which were to be discussed, and
the points which were to be decided, by the Arbitrators in the affair of the Behring Sea were agreed
upon in this correspondence.
, A month later Sir Julian Pauncefote, the British Minister, and myself arranged the correspondence and reduced the propositions and counter-propositions to a Memorandum which was signed
by us on the 18th December. Subsequently, the questions which had arisen between the. two
Governments concerning the jurisdictional rights of the United States in the waters of the Behrino-
Sea were expressed in the form of a Treaty concluded at Washington on the 29th February, 1892
This Treaty was advised by the Senate on the 29th March, 1892, ratified by the President on the
22nd April, ratifications exchanged on the 7th May, and proclaimed on the 9th May, 1892.
In all these steps, including the correspondence with Lord Salisbury, the Memorandum concluded
between Sir Julian and myself, and the Treaty that was ultimately proclaimed on the 9th May, 1892
and which was negotiated by Sir Julian and myself, not one word was said or intimated respecting
the question now raised by the British Government as to a secondary submission of evidence after the
-first five points set forth in Article VI had been decided by the Arbitrators. It was never intimated
that any other mode of proceeding should be had than that which is expressed in Articles III IV
and V of the Treaty. '      '
I shall be surprised if Sir Julian Pauncefote shall differ in the slightest dec
oi facts.
jree from this recital
I have, &ac.
(Signed)
JAMES G. BLAINE Inclosure 3 in Nov 3.
Memorandum of Agreement referred to in Mr. Blaine's Letter of November-. 8; 1892.
"*
THE following is the text of Articles for insertion in the Behring Sea Arbitration Agreement as
settled in the diplomatic correspondence between the Government of the I*nited States and the-
Government of Great Britain :—
1. What exclusive jurisdiction in the sea, now known as the Behring Sea, and what exclusive
rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the
cession of Alaska to the United States ?
2. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded by
Great Britain ?
3. Was the body of water now known as the Behring Sea included in the phrase " Pacific Ocean,"'
as used in the Treaty of 1825 between Great Britain and Russia, and what rights, if any, in the
Behring Sea, were held and exclusively exercised by Russia after said Treaty ?
4. Did not aU the rights of Russia as to jurisdiction, and as to the seal fisheries in Behring Sea
east of the water boundary in the Treaty between tbe United States and Russia of the 30th March,
1867, pass unimpaired to the United States under that Treaty ?
5. Has the United States any right, and, if so, what right of protection or property in the fur-seals
frequenting the islands of the United States in Behring Sea when such seals are found outside the
ordinary 3-mile limit ?
6. If the determination of the foregoing questions as to tbe exclusive jurisdiction of the United
States shall leave the subject in such position that the concurrence of Great Britain is necessary to the
establishment of Regulations for the proper protection and preservation of the fur-seal in, or habitually
resorting to, the Behring Sea, the Arbitrators shall then determine what concurrent Regulations
outside the jurisdictional limits of the respective Governments are necessary, and over what waters
such Regulations should extend, and to aid them. in that determination tbe Report of a Joint
Commission to be appointed by tbe respective Governments shall be laid before them, with such other
evidence as either Government may submit.
The Contracting Powers furthermore agree to co-operate in securing the adhesion of other Powers
to such Regulations.
7. The respective Governments having found themselves unable to agree upon a reference which
shall include the question of the liabibty of each for the injuries alleged to have been sustained by the
other, or by its citizens, in connection with the claims presented and urged by it, and being solicitous
that this subordinate question should not interrupt or longer delay the submission and determination
of the main questions, do agree that either may submit to the Arbitrators any question of fact
involved in said claims, and ask for a finding thereon, the question of the liability of either Government upon the facts found to be the subject of further negotiation.
(Signed) JAMES G. BLAINE.
JULIAN PAUNCEFOTE.
December 18, 1891.
The following is the text of the Behring Sea Joint Commission Agreement as settled in the
diplomatic correspondence between the Government of the United States and the Government of Great.
Britain:—
Each Government shall appoint two Commissioners to investigate, conjointly with the Conrmis-
sioners of the other Government, all the facts having relation to seal life in Behring Sea, and the
measures necessary for its. proper protection and preservation.
Tbe four Commissioners shall, so far as they may be able to agree, make a joint.Report to each
of the two Governments ; and they shall also report, either jointly, or severally, to each Government
on any points upon which they may be unable to agree.
These Reports shall not be made public until they shall be submitted to the. Arbitrators, or it
shall appear that tbe contingency of their being used by the Arbitrators cannot arise.
(Signed) JAMES G. BLAINE.
JULIAN PAUNCEFOTE.
December 18, 1891.
[117]
D .0
Inclosure 4 in No. 3.
Memorandum handed to Mr. Herbert by Mr. Foster, November 9, 1892.    ,, •:■
MR. FOSTER suggests that the time fixed in the Treaty for presentation of the printed Argument
is inadequate, especially in view of the fact that the Counsel of the United States will have to
consume a considerable part of that time in crossing the ocean after receipt of the Counter-Case and.
preparation of the Argument. It has been contemplated after the Argument was completed to
translate the same into French. It is manifest that all this cannot be properly accomplished within
thirty days. Having in mind the offer made in Lord Rosebery's note of the 13th October of a further
extension of time, if desired by. the United States, in view of the late date at which the Report of the
British Commissioners was delivered, Mr. Foster proposes that it be agreed between the two Governments that, on the meeting of the Tribunal of Arbitration, if the Agent of either Government shall ask
the Arbitrators for an adjournment of not exceeding thirty days to enable the printed Argument to be
•filed, the Agent of the other Government will also support the request.
No. 4.
Sir J. Pauncefote to Mr. Foster.
Dear Mr. Foster, Washington, January 7, 1893.
WITH reference to our conversation at the Department of State on the 5th instant respecting
the interpretation placed on Article VII of the Behring Sea Treaty in your note to Mr. Herbert of the.
9th November last, and to the appeal therein made to myself personally in connection with the point
under discussion, I now beg leave to send to you, as arranged, a Memorandum of the grounds on
which I feel bound to disclaim the views inferentially attributed to me.
I remain, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 4.
Memorandum on Mr. Foster's Note to Mr. Herbert of November 9, 1892.
SINCE my return to Washington I have had an opportunity of examining the official correspondence which has taken place between Her Majesty's Government and that of the United States on the
question whether the subject of concurrent Regulations, which under Article VII of the Behring Sea
Arbitration Treaty are in the contingency therein mentioned to be determined by the Arbitrators,
should have been dealt with in the printed Case delivered on behalf of Her Majesty's Government.
I find that in a note from Mr. Foster to Mr. Herbert of the 9 th November last I am inferentially
appealed to by Mr. Foster, and also by Mr. Blaine, in support of the contention of the United States'
Government that the contingency mentioned in Article VII does not refer to the decision of the
Arbitrators on the five special' questions submitted to them, but to the inability of the Joint Commission to come, to- an agreement as to the Seal Regulations.
I am at a loss to understand this reference to me, as throughout the whole of my negotiations
with Mr. Blaine, and (during his prolonged illness) with the Assistant Secretaries of State
(Messrs. Wharton, Adee, and Moore), not one word was ever spoken or written which could even
suggest the belief that I ever held any view as to the intention of the two Governments on the
point in question other than that which is plainly expressed in Articles VII and IX of the Treaty.
With respect to those Articles, Mr. Foster states that the " contingency referred to was that of an
inability of the members of the Joint Commission to come to an agreement satisfactory to their
Governments, and not, as Lord Rosebery supposes, that of a determination upon the five special
questions adverse to the contention of the United States."- Mr. Foster adds: "It is believed
that Sir Julian Pauncefote, the negotiator on the part of Her Majesty's Government, will not dissent
from this statement."
I desire to record my entire dissent from that view. It follows as a necessary consequence that if
the Arbitrators should determine that the concurrence of Great Britain is not necessary to the
establishment of Regulations for the protection of seal life, the seal fishery would thenceforth be
exclusively regulated by the municipal law of the United States, and no " concurrent" Regulations
would be necessary.
Therefore Article VII provides that if it shall be decided that the concurrence of Great
Britain in any such Regulations is necessary, the Arbitrators shall then determine what those Regulations shall be.
Article IX provides that the joint and several Reports of the Commissioners may be submitted to
^MWWBpg^gJ—u \m wa 10a
the Arbitrators "should the contingency therefor arise;" and further, that the Commissioners shall-
make a Joint Report "so far as they may be able to agree," and that their Reports, joint and.several-
shall not be made public until they shall be submitted to the Arbitrators, " or it shall appear that the
contingency of their being used by the Arbitrators cannot arise."
No other contingency is mentioned in the Treaty than that expressly laid down in Article VII,
namely, a decision on the first five points which shall necessitate concurrent Regulations. Yet it is now
proposed on behalf of the United States' Government to substitute an entirely new and different
I contingency,'.' unknown to tbe Treaty, and in contradiction with its literal and reasonable
sense.
The terms of Article VII are so clear and unambiguous as to preclude any extrinsic evidence (If
it existed) to modify their purport, for such evidence is admissible only to explain what is doubtful, but
not to contradict what is plain.
Mr. Foster incloses in his note a letter from Mr. Blaine, in which the ex-Secretary of State^
after briefly reviewing tbe course of the negotiations, proceeds as follows: " Not one word was said
or intimated respecting the question now raised by the British Government as to a secondary
submission of evidence after the first five points set forth in Article VI had been decided by the
Arbitrators. It was never intimated that any other mode of proceeding should be had than that which
is prescribed by Articles III, IV, and V of the Treaty." He adds, 11 shall he sur jrised if Sir J.
Pauncefote shall differ in the slightest from this recital of facts."
In the first place, I beg leave to remark that the question was not " raised by the British Government." It was raised by the United States' Government, who, as I venture with great respect to
-contend, irregularly submitted in their printed Case evidence and arguments respecting concurrent
Regulations v/hich the Arbitrators are only empowered to receive and deal with in the contingency
mentioned in Article VII, that is to say, in the event of concurrent Regulations being held necessary,
and who afterwards protested against the absence of all such matter in the British Case.
In the next place, the omission of any provision in the Treaty as to tbe mode of presentation of
such evidence is quite natural, and easily explained.
The contingency of such evidence being used could not arise until after the decision of the Arbitrators on the five special questions. It was quite unnecessary, therefore, to discuss during the
negotiations, and by way of anticipation, the mode in which that evidence should be brought before
the Arbitrators. Thee ontingency of that evidence being used before the Arbitrators might never
arise, and, if it did, tbe mode of its presentation would be a matter of procedure for the Tribunal
to settle. Indeed, any discussion on that point would have been premature, as anticipating a
decision adverse to tbe United States on the five M ecial questions.
Mr. Foster succeeded to the office of Secretary of State after the Treaty was signed, and his
references to me, therefore, would seem to be based entirely on Mr. Blaine's letter. But it will be
observed that in that letter Mr. Blaine appeals to me only to confirm his " recital of facts," and not to
support tbe conclusion which be draws from tbe Treaty being silent as to the time or mode of presenting the evidence and arguments in relation to concurrent Regulations. It cannot, I think, be
contended that the question is affected by the fact that the- two -separate Agreements of the 18th
December, 1891 (of Avhich copies are annexed to Mr. Blaine's letter) were ultimately embodied in one
and tbe same Treaty.
I have already stated the grounds on which it appears to me that the interpretation placed by
Mr. Foster on the Treaty, taken in its entirety, cannot be supported.
I think it may be convenient, in conclusion, to recall how the two Agreements came to be
included in one instrument, contrary to the original intention of the High Contracting Parties.
The proposal of Her Majesty's Government for the appointment of a Joint Commission was for a
long time opposed by the United States' Government. It was refused by Mr. Blaine when originally
suggested in my note of the 29th April, 1890 (Blue Book " United States No. 2 (1890)," p. 455)*, as
part of a scheme of settlement of the dispute. It was again refused by Mr. Blaine when pressed on
him by me while negotiating the modus vivendi of 1891, as reported in my despatch .No. 81 of the
27th April of that year (see Blue Book " United States No. 2 (1891)," p. 2).
During tbe following two months the negotiations were continued, on behalf of the United States'
Government, by Mr. W. Wharton, the Acting Secretary of State.
In my letters to him of the 10th and 11th June, 1891,1 again strongly urged the appointment of a
Joint Commission—and, indeed, under instructions from the Marquis of Salisbury, I made it a condition
of si<min" tbe modus vivendi. It was then that the United States' Government consented to the appoint-
' ment of a, Joint Commission, with a stipulation that the Agreement should be separate from, though
signed simultaneously with, the Arbitration Agreement (see Mr. Wharton's letters of the 10th and 25th
June, 1891 (Blue Book " United States No. 3," pp. 35 and 51).
In his letter of the 25th June Mr. Wharton wrote thus: "It being understood that an arrangement
for a Joint Commission is to be made contemporaneously with the conclusion of the terms of arbitration,
I am directed by the President to propose the following separate Agreement."
The Agreements were therefore kept separate, and with distinctive headings, as shown in the
copies annexed to Mr. Blaine's letter. But when the draft Treaty was drawn up and handed to me for
tbe approval cf Her Majesty's Government I observed that it comprised both Agreements, and in reply
to my inquiry as to the reason for this departure from the origmal arrangement, I was informed that
the Joint Commission Agreement entailed an expenditure of pubbc money, and must be laid before the
Senate, as well as the Arbitration Agreement, and that it was considered more convenient that the
whole arrangement should be comprised in the same instrument. This explanation was accordingly
reported by°me  to the Marquis of Sabsbury in my despatch No. 34 of the 4th February, 1892,
The British Parliamentary Papers cited in this Memorandum are annexed to the British Case, Appendix, vol. iii. a£g3E2££&23B
ipproval of Her M;
Government.
500
transmitting the draft of the Treaty for the
" United States No. 3 (1892)," p. 141.)
It was not suggested at that time that the effect of embodying the' two Agreements • in one
instrument would be to introduce any innovation in the procedure as understood when the Agreements
were kept separate. If any such effect had been contemplated by the United States' Government it
would surely have been pointed out to me at that time.
Her Majesty's Government having agreed, in a spirit of liberality and conciliation, that the Report
of the British Commissioners shall form part of the British Case, I trust that this discussion- may not
be renewed. But as I have been appealed to both by the present and ex-Secretary of State, I fear that
sdence on my part might be taken as an acquiescence in the interpretation put on the Treaty in
Mr. Foster's note of the 9th November. I therefore feel bound to offer the above observations on that
note, and I venture to hope that they may throw further light on the subject, and modify the conclusions-
arrived at by the United States' Government.
(Signed) JTLIAN PAUNCEFOTE.
Washington, January 7, 1893.
k ( 11
Translations of Russian Documents furnished in United States' Case.
{The left-hand column contains the translations originally furnished by the United States' Government in Vol. T
of the Appendix to their Case. In the right-hand column revised translations are given. Nos. 1 to 10,
12, and 15 having been withdrawn by the United States, the revised translations of these documents have
been made for Her Majesty's Government from the facsimiles of the original Russian text annexed to the
Case of the United States. Of the remainder, viz., Nos. 11, 13, 14, and 16 to 31, the amended versions,
recently supplied by the United States, have been adopted. Where any material differences between the
original and revised translations occur the passages have been underlined, with the addition of brackets in
the case of interpolations.]
Original Translation.
Revised Translation.
No. 1.
Abstract of Letter from the Minister of Finance
to the. Minister of Marine. Written from St.
Petersburg, April 9, 1820.
THE Committee of Ministers appointed by
His Majesty on the 8th day of July, 1819,
instructed the Minister of Internal Affairs to
collect all information obtainable relating to the
determination of the future rights and privileges
of the Russian-American Company.
Subsequently, upon highest request, the Department of Manufactures and Internal Commerce,
together with tbe Russian-American Company,
submitted statements on this subject supported
by the Annual Reports of the Board of Administration and by the testimony of the commanders
of ships sailing in those regions, from which
I learn that the foreigners, especially the citizens
of the North American States, come to our
Colonies in their ships and carry on both openly
and secretly a trade with the native inhabitants,
doing thereby great injury and wrong to our
Settlements in their traffic, and also endangering
the general interests by furnishing the islanders
with various arms and ammunitions.
In view of the recent establishment at these
Colonies, and of the absence of forces required
to prevent such irregularities, and of the small
number of Russians scattered over an area of
nearly 4,000 versts, the Company finds it impossible to occupy all localities in sufficient
numbers to prevent the foreigners from maintaining their illegitimate intercourse with the
native inhabitants, and from exercising their
pernicious influence upon them. In this connection I have taken into consideration that the
interests of the Company, its establishments and
objects are inseparable from the interests of the
Government, and it appears of the most imperative necessity for the preservation of our
sovereignty in the north-western part of America
[and ou the islands and waters situated between
them] to maintain there continuously two ships of
the Imperial fleet.
This object will, in my opinion, be most readily
accomplished in the following manner :
Starting in the month of August or September
of the present year, one of these armed ships
can sail for the'Island of Sitka, and the other
fli7J
No. 1.
Copy of a Letter from the Minister of Finance to
the Minister of Marine, dated April 9, 1820.
(No. 8.) '
BY a decision of the Council of Ministers,
which received His Majesty's sanction on the
8th July, 1819, the Minister of the Interior was
called upon to collect full information on the
question of the proposed changes in the arrangements in connection with the Russian-American
Company.
Subsequently, when, by His Majesty's order,
the Department of Manufactures and Internal
Commerce, and with it the Russian-American
Company, were placed under the direction of the
Ministry of Finance, the subject came before me
for my consideration. I have gathered from the
various Reports of the Board of Administration,
as well as from the observations of the Commanders of ships that have visited those parts,
that foreigners, especially citizens of the North
American States, come to our Colonies in their
ships, and carry on both openly and secretly a
trade with the native inhabitants, and do injury
and wrong to our Settlements by their proceedings,
and, most of all, by supplying various kinds of
arms to the islanders.
As the Colonies have only lately been founded,
and as they do not possess sufficient forces to
remedy these.evils, a small number of Russians
being scattered over an area of nearly 4,000 versts,
the Company is unable as yet to occupy all points
in such a manner as to prevent the foreigners
from continuing their forbidden intercourse with
the Americans and islanders, or exercising their
influence over them. Under these circumstances,
considering that the interests of the Company, its
foundation, and its objects are inseparably connected with the interests of the Government, is
appears to be very necessary, if we are to keep
our hold over our possessions in the northwestern part of America and on the islands
situated in the ocean, that two ships of the
Imperial navy should be kept constantly in that
part of the world.
This proposal will, in my opinion, be best
carried out in the following manner:
Starting in the month .of August or September
of this year, one of these ships of war should
arrive at the Island of Sitka, and the other at the
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Revised Translation.
Original Translation.
for the harbor of Petropavlovsk, arriving there port of Petropavlovsk in April or May 1821.
in the month of April or May 1821.   The first The first, having discharged at Sitka any cargo
having discharged at Sitka any cargo which may she may have for that place, will proceed in a
be intrusted to the commander, should sail to the northerly direction along the American coast to
northward along the American coast to Kadiak; Kadiak, and if she does not  receive there any
should  the commander receive at any of these special information in regard to foreign smugglers
places no special information as to foreign con- from the Manager of the Colonies of the Russian-
trabandists from  the manager  of the  Russian- American  Company  which   may  cause   her  to
American Company's Colonies^ he  may  pursue change her plans, she can continue her course in
his course to the westward, and having thoroughly a westerly  direction,  and,  after  inspecting  the
examined the shores of the Aleutian Islands, the shores of the Aleutian and Kurile Islands, return
coast of Kamchatka, the Kurile Islands, [and the to the port of Petropavlovsk to winter there,
intervening waters,] he may return for the winter
to the harbor of Petropavlovsk. .
The other ship, however, having examined the
eastern coast of the Kamchatka peninsula up to
62° of northern latitude and the west coast of
America from this latitude to the Island of
Unalaska, [and the intervening waters,] should
proceed to Kadiak, and from there to Sitka for
the winter. The object of the cruising of two
of our armed vessels in the localities above-
mentioned is the protection of our Colonies and
the exclusion of foreign vessels engaged in traffic
or industry injurious to the interests of the Russian
Company, as well as to those of the native in-
habitants of those regions.
If in the following year, 1821, two similar ships
are dispatched from our Baltic ports, they could,
in May or June of the year 1822, relieve the
ships sent out in 1820, and the latter could
return to their home ports by the middle of
1823.
In this manner two ships of war would always
be present in the Colonies, and the Company
would he assured of their protection. In addition
to the other advantages resulting from this
arrangement, it would afford a most excellent
opportunity for the officers of the Imperial navy
to perfect themselves by practice in the science
of navigation.
In submitting this proposition to your Excellency, I consider it unnecessary to enumerate in
detail the advantages resulting therefrom, but
you must not omit to take into consideration the
expenditure involved in such an undertaking.
It therefore becomes necessary to know how much
the fitting out of such ships and the maintenance
of their crews would cost the Treasury. We
should also know whether it be possible for
such ships to take, in addition to provisions and
stores for their own use during a period of three
years, any other supplies which, may be needed
in Kamchatka and Okhotsk, and how much of
their tonnage could be devoted to the latter
object. This information would be useful also
for other purposes.
The Governor-General of Siberia, in his Report
on the impoverished condition of the Yakutsk
country, points out as the principal reason for
this condition the burdens imposed upon the
people through transportation of Government
and commercial cargoes overland from Yakutsk
to Okhotsk. If by means of the vessels of the
Imperial fleet to be dispatched to those shores
the Yakutsk people are relieved from this service
they may devote their energies to cattle-breeding,
already established among them, and thus better
their deplorable condition.
If your   Excellency   should   find an   annual
The other ship, after inspecting the eastern
shores of the peninsula of Kamtchatka "as far as
62° north latitude, and the western shores of
America from that meridian to the Island of
Unalaska, will pay a visit to Kadiak, and thence
proceed to Sitka, where she will winter.
The object of the cruizing of these two armed
vessels in the localities mentioned above is the
protection of our Colonies and the prevention of
the prohibited intercourse between the foreign
sT-
ups
the
one
land, and the Company's
establishments and the native inhabitants on the
other.
If in the following year, 1821, two more ships
are sent from our Baltic ports, they should be
able to relieve those dispatched in 1820 about
May or June 1822, and the two ships first sent
should be back in Russia about the middle of
1823.
By this arrangement two armed vessels would
always be present in the Colonies founded by the
Company for their protection, and, apart from
other advantages, the officers of the Imperial
fleet would have an excellent opportunity of
improving by practice their knowledge of the art
of navigation.
In communicating this proposal to your Excellency, I consider it superfluous to enumerate
all the arguments in favour of these expeditions.
The question of the expense which will be entailed
by them must, however, be considered. It will
have to be ascertained how much the equipping
of these ships and the maintenance of their crews
will cost the Treasury. Also, whether the aforesaid ships will be able to carry, besides provisions
and stores sufficient to last them almost three
years, a certain quantity of stores required for
Kamtchatka and Okhotsk, and what is the
maximum weight of such stores they will be able
to carry. There is another reason why this
information would be useful.
The Governor-General of Siberia, in his Report
on the wretched condition of the Yakut country
states that he believes that the chief cause of the
poverty of that region is the system adopted for
transporting Government stores and merchandize
from Yakutsk to Okhotsk, and that, although it
is true that the old arrangements for this transport
service were in 1810 replaced by a system of
contracts, nevertheless the Yakuts, who were
almost ruined before this change took place, and
whose cattle, moreover, are constantly visited by
disease, are scarcely able to bear the heavy burden
imposed on them by the transport service.
If your Excellency should consider it practicable
dispatch of two such vessels, as suggested above,    to dispatch two ships annually as proposed above
practicable, and if the two vessels, or one, as the    and if, in addition to their own stores, they are
^rawp Original Translation.
case may be, could take, in addition to their own
•supplies, a certain quantity of arms and ammunition for Okhotsk and Petropavlovsk, such a
measure would relieve the suffering Yakutes, and
at the same time afford a partial reimbursement
of the Government's expense. [A force of
soldiers and sailors should also be stationed at
the two ports mentioned above, in order to fill all
vacancies caused by death or otherwise in the
commands of the cruising vessels.]
In thus laying before you my thoughts on the
subject, I am permitted to state tha} they have
received the highest consideration of His Imperial
Majesty, and I can assure your Excellency that
the proposition meets with the highest approval,
•and this matter is submitted to you now to enable
you to consider the arrangements necessary to be
made for the purpose of taking in due time action
looking toward a renewal of the privileges and
rights now enjoyed by the Russian-American
Company under highest protection.
True copy.
(Signed)       Zelenskiy,
Chief Clerk.
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Revised Translation
No. 2.
Letter from the Minister of Finance to the Board
of Administration of the Russian-American
Company. Written from St. Petersburg, April
10, 1820.
(Confidential.)
THE Report, of your Board, dated 14th
November, 1819, has, up to this time, remained
unanswered, because the necessary information
concerning the contracts concluded with the
Englishman Pigott had not been received. Of
this the Board spoke in its Report.
The information is now at hand, having been
received on the 3rd ultimo. At the same time, I
also received detailed statements of the appointment by the Government of Court-Councilor
Dobello as resident agent on the Island of
Manilla, and of the propositions of this officer to
dispatch a vessel from there to Kamchatka with
provisions, in order to convince the Government
how cheaply the country may be supplied from
the Philippine Islands.. Mr. Dobello also requested permission to dispatch from Manilla to
Cronstadt two ships with tea and other Chinese
goods.
All these propositions were duly submitted to
His Majesty the Emperor, and I have now
' received the following highest decision of His
Imperial Majesty:—
1. That the contract entered into with the
Englishman Pigot can not be sustained by the
Government; but since the whaling industry may
be of use as a means of securing subsistence to
the inhabitants of Kamchatka and Okhotsk in
case of failure in the fisheries, and as a basis for
establishing a new branch of trade from which
the Russian-American Company may derive considerable profit, His Imperial Majesty has most
graciously deigned to turn his attention to this
subject, and has expressed the opinion that for
this purpose a ship should be employed, furnished
with all necessary implements and instruments,
and manned with the very best officers and
.sailors.     To   enable   the   Company   to   secure
able to take some for the ports of Okhotsk and
Petropavlovsk, this arrangement would be a great
relief to the Yakuts, besides saving the Treasury
considerable expense.
In order, however, to be able to judge better of
this matter, it is necessary to ascertain what is
the weight of the stores that are sent every year
from Yakutsk to Okhotsk, so far as the Ministry
of Marine is concerned, as well as the number of
horses employed in transporting them during the
last few years.
Having explained my views on this subject, I
request your Excellency to be so good as to give
your attention to what is stated above, and to
favour me with your opinion thereon, in order
that I may take it into consideration in connection
with the proposals I am about to make in regard
to the renewal of the regulations and privileges of
the Russian-American Company under the protection of His Imperial Majesty.
A true copy:
(Signed)        Zelensky,
Chief Clerk.
(Copy.)
rJo the Board of Administration of the Russian-
American Company.
Ministry of Finance, Central Office,
(No. 9.    Secret.) April 10, 1820.
THE delay in replying to the letter from your
Board of the 14th November last is due to the
fact that information on the subject of the Agreement concluded with the Englishman Pigot,
which was mentioned in that letter, was only
received on the 8th ultimo.
This information was accompanied by particulars in regard to the appointment by the
Government of " Court-Councillor " Dobello to
reside on the Island of Manilla, and the proposal
of that official that a ship should be sent with
provisions from that island to Kamtchatka in the
spring, in order to show the Government how
cheaply provisions could be obtained from the
Philippine Islands. Mr. Dobello also asked
permission to send from Manilla to Cronstadt two
ships with cargoes of tea and other Chinese goods.
I    reported    on    all    these    matters   to   the
have received the following instructions from His Imperial Majesty:—
1. The agreement concluded with the
Englishman Pigot is not approved by the Government ; since, however, the whale-fishing industry
may be of use as a means of assisting the
inhabitants of Kamtchatka and Okhotsk when the
other fisheries fail, and as the foundation of a
new branch of trade, from which the Russian-
American Company may derive considerable
profit, His Imperial Majesty desires that the
Company may turn their attention to this subject,
and employ one ship in fishing for whales, fitting-
her with all necessary appliances, and choosing-
the best officers and men; and in order that the
best   masters   may  be   at  the  disposal  of   the
Company   in   first   establishing
industry, ^assaleAti
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Original Translation.
skilled masters for inaugurating this enterprise,.
Mr. Dobello has been instructed to endeavour to
obtain such, with the understanding that in
addition to their salaries they shall be entitled to
certain rewards and premiums, including 1 poud
of oil from every whale or other marine animal
killed by them.
2. The commander of the Government of
Irkutsk is hereby instructed to forbid all
foreigners, except such as have become Russian
subjects, to enter the mercantile guilds or to settle
in business in Kamchatka or Okhotsk; also to
entirely prohibit foreign merchant-vessels from
trading in these localities and from anchoring in
any port of Eastern Siberia, except in case of
disaster. (In such cases great care should be
taken that no part of their cargo be discharged
or sold to anybody, under pain of confiscation of
the ship.) It is hereby ordered that the local
authorities shall inform the Englishman Davis at
Okhotsk and Dobello's agent in Kamchatka that
the Government does not permit them to reside
in those places, much less to erect buildings or
other immovable property. In consideration of
said prohibition, they will be awarded damages
and afforded every facility on the part of the local
authorities to dispose of their property and to
take their departure. Mr. Dobello, however, is
hereby instructed that the ship which he proposes
to dispatch from the Philippine Islands to
Kamchatka  may, on this  single  occasion, take
■goods as well as provisions, and he shall be
permitted to dispose of the same. But to prevent
him from dispatching such vessels in the future,
he is permitted to supply only Russian ships
belonging to the Government or to our American
Company, which may call at Manilla for supplies.
3. Permission is denied to Mr. Dobello to
dispatch two ships to Cronstadt with tea and
other Chinese goods, since such operations do not
accord with the views of the Government, and he is
hereby informed that he has been and is now required only to furnish iuformation as to the prices
of Chinese goods at Manilla,and as to what supplies
and production from Eastern Siberia could be
profitably disposed of there, to the end that all
such information may be used for the benefit of
our American Company in all its various commercial transactions.
Pursuant to this highest decision, I have already
addressed the Governor-General of Siberia and
the Minister of Foreign Affairs, and sent the
necessary orders to Mr. Dobello; and now the
following propositions are laid before the Board
of Administration of the Russian-American
Company':—
1. From the whaling industry on the eastern
shores of Siberia the Government expects not
only such advantages as have been pointed out
by the Governor-General of Siberia and by the
commander of the districts of Kamchatka in
their communication, of which copies are herewith appended, but discovers in this industry the
promise of special advantages to the Company,
and therefore hopes that the Board of Administration will at once furnish the means necessary for
taking the preliminary steps toward the inauguration of whaling in those waters, and proceed,
without waiting for the information requested
from Mr. Dobello, to inform itself concerning the
engagement of experienced masters, &c. A ship
should be purchased at once and dispatched in
the following year, if it be found impossible to do
so daring the present.
Revised Translation.
Dobello shall be called upon to endeavour to
obtain the services of such masters, who, in
addition to the pay that may be agreed upon,
shall each receive, as a premium, something for
every pood of pure oil from the w'hales or other
marine animals captured by them.
2. The authorities of Irkutsk are to be
instructed not to allow any foreigner, unless he
has become a Russian subject, to enter a
merchant guild, or to settle at Kamtchatka or
Okhotsk, and they are not to permit any foreign
merchant-vessel to trade at those places under
any circumstances, or to enter the ports of
Eastern Siberia except in case of distress, in
which case such vessel is not to be allowed to
unload any part of her cargo, or endeavour to
dispose of it, under pain of confiscation of the
ship and cargo. Furthermore, the Englishman
Davis at Okhotsk and Dobello's agent in
Kamtchatka are to be informed, through your
officials, that the Government refuses them,
permission to remain at those places, or to build
houses or hold real property there ; the local
authorities shall afford them all proper facilities
for disposing of their property and leaving the
country. Mr. Dobello is to be informed that the
ship which he proposes to send from the
Philippine Islands to Kamtchatka will be allowed
to go there for this once, and that he may sell
the merchandize and provisions which he may
send by her; but that he must not send any
more ships, and is in future to confine himself to
loading Russian ships which are sent to Manilla
for provisions and merchandize, by order of the
Government or of our American Company.
3. Mr. Dobello is refused permission to send
two ships to Cronstadt with tea and other
Chinese goods. Such a proceeding would not be
in harmony with the views of the Government;
moreover, all that has ever been or that is now
asked of Mr. Dobello is, that he shall report what
are the prices of Chinese goods at Manilla, and
what products of Eastern Siberia could be
profitably sold there, in order that this information may be made use of by our American
Company in all its various commercial operations.
In accordance with His Imperial Majesty's
instructions, I have already addressed a letter to
the Governor-General of Siberia, and the Acting
Minister of Foreign Affairs has communicated
with Mr. Dobello. I now have to state as follows
to the Board of Administration of the Russian-
American Company:—
I. The Government not only expects from the
whale-fishing industry on the eastern shores of
Siberia those advantages which the Governor-
General of Siberia and the Superintendent of
Kamtchatka have represented in their Reports, of
which copies are inclosed, but also considers that
this industry will be profitable to the Company.
It therefore hopes that your Board will not fail to
take steps for the establishment of the industry
with as little delay as possible, and suggests that,
without waiting for Mr. Dobello's reply, you
should make inquiry for masters skilled in whale
fishing, and take steps for the purchase of a ship
suitable for this work, which should be sent to its
destination, if possible, this year, but in any case
not later than next year. 15
Original Translation.
2. Having, for the benefit of the American
Company, excluded all foreigners from Kamchatka
and Okhotsk, and prohibited them from engaging
in trade [and from hunting and fishing in all the
waters of Eastern Siberia,] the Government fully
expects that the Company, on its part, will hold
itself responsible for supplying those regions with
all necessaries. In connection with this requirement, and in consideration of a request from the
Governor-General of Siberia, the Board of
Administration will report on the following
points:—
Realised Translation.
2. Having, for the benefit of the American
Company, excluded all foreigners from Kamtchatka and Okhotsk, and forbidden them even to
come to those places to trade, the Government
expects that the Company, on its part, will assist
in providing those places with all necessaries;,
and in view of the fact that the Governor-
General of Siberia has more than once represented
the necessity of relieving the Yakuts of the
obligation of transporting stores by land from
Yakutsk to Okhotsk, your Board is called upon
to consider and report:—
(a.) As to the means by which communication [a.) By what means it would be. possible to
can be maintained between Yakutsk and Okhotsk     establish communications between Yakutsk, and
without oppression of the Yakut people. Okhotsk  without   imposing   a   burden   on   the
Yakuts.
(b.) Whether the Company can undertake to
land at the ports of Petropavlovsk and Okhotsk
provisions, especially flour and salt, from their
correspondents in California or the Philippine
Islands, in such quantities as may be required by
the Government forces and officials and by all
other inhabitants, err ploying for this purpose a
ship which must visit the places named at least
once a-year and at a time previously fixed; also
as to the probable cost of provisions, prices of
freight, &c.
(c.) To propose measures for a development
and increase of the fishing industries for the
benefit of the native population of Kamchatka
and Okhotsk.
(d.) Whether the Company can undertake to
furnish the districts of Kamchatka and Okhotsk
with all the necessary articles of trade which the
inhabitants now receive from Irkutsk, and at what
prices.
(&.) Whether by establishing communications
with California or the Philippine Islands the
Company could supply the ports of Petropavlovsk"
and Okhotsk with provisions, especially flour and
salt, both for its own officials and for those of the
Government, as well as for the other inhabitants,
employing for this purpose one ship which would
remain in that part of the world, and be made use
of for this service every year. The Board should
not omit to consider whether the cost of keeping
a ship employed on this service would not make
it necessary to charge excessive prices for the
provisions brought by her.
(e.) Whether the Company cannot suggest
measures which would increase the productiveness'
of the fishing industry by. which the poor in-:
habitants of Kamtchatka and the people round
Okhotsk are chiefly supported; and, lastly—
(d.) Whether   the  Company
can   su
pply
the
inhabitants of Kamtchatka and Okhotsk with
such articles as are indispensable to them. They
are now brought from Irkutsk, and extravagant
prices are charged for them, so that the people,
instead of having their wants provided for, are
being ruined.
Iffilj
3. In refusing permission to Mr. Dobello to
dispatch ships loaded with tea and Chinese goods,
the Government had in view the avoidance of any
complications which might interfere with the full
enjovment bv-the Russian-American Company of
its privileges-granted by Imperial Ukase, not only
in connection with the trade in teas across the
Chinese border at Kiakhta, [but also in'connection
with the exclusive rights of trade and navigation
in all the waters adjoining the Siberian as well as
the American possessions of Russia, and all
.interior waters connected therewith.] For this
purpose Mr. Dobello was requested to furnish
detailed information of the trade and commerce at
the Philippine Islands, [in order to relieve the
Company of the necessity of employing foreign
ships and masters for this trade, which involves
their admission to waters reserved for the
exclusive use of tlie Russian-American Company
under its charter.
Jn conclusion, it is stated as the decision of His
Majesty the Emperor, in view of possible future
complications of this nature, that no contracts
involving the admission, free navigation, or trade
of foreign ships and foreign subjects in the waters
adjoining or bounded by the coasts of the Russian
rn7]
3. In refusing to allow Dobello to dispatch two
ships with tea and other Chinese goods, the sole
object of the Government, has been to prevent
anything which might interfere with the regular
course of our Kiakhta trade. If, however, the
Russian-American Company is able to obtain
Chinese, goods in the Philippine Islands in exchange for wares which it cannot dispose of profitably at Kiakhta, there is no reason why it should
not carry on such a trade. As the Company is
itself engaged in the Kiakhta. trade, it will take .
care not to injure its own interests, which are
closely connected with that trade, by the sale of
goods imported by sea Mr. Dobello has therefore
been requested to supply detailed information on
the subject of the trade with the Philippine
Islands, in order that it may be ascertained
whether the Company can profitably exchange at
Manilla for Chinese or other goods the furs which
it cannot dispose of at Kiakhta.
In conclusion, I have to inform your Board
that the reason why the Spanish Government
have declined to recognize % Court-Councillor"
Dobello as Russian Consul is that the Court of
Madrid consider it not in harmony with their
colonial system that foreign countries should have
Consuls in their Colonies.    Permission has, how-
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Original Translation.
Colonies   will   be   approved    by   the   Imperial
Government.]
The Board of Administration of the Russian-
American Company is hereby informed that
Court-Councilor Dobello has not been recognized
as Russian Consul by the Spanish Government,
because the Court of Madrid declares it to lie
contrary to its colonial system to admit foreign
Consuls to its Colonies; but having acquiesced in
his residence at Manilla and in his exercise there
of the duties of agent, it is now understood that
the obiect of his appointment was onlv to assist
vessels of the Russian-American Company visiting
Manilla in purely commercial transactions.
(Signed)        Count D. GURYEF,
Minister of Finance.
Count YAKOV LAMBERT,
Privy Councilor.
Revised Translation.
No. 3.
Letter from the Board of Administration of the
Russian-American Company to Captain M. I.
Muravief, of the Imperial Navy, Chief Manager
of the Russian-American Colonies. Written
from St. Petersburg, April 23, 1820.
(No. 265.    Confidential.)
ON the 10th instant the Minister of Finance
communicated to the Board of Administration, in
a message marked confidential, the will of His
Imperial Majesty in the following words :—
1. That the contract concluded with the
Englishman Pigott is disapproved by the Government.
2. That the Governor of Irkutsk be instructed
to allow no foreigners, except such as have become
Russian subjects, to join in any commercial guild
or to settle in Kamchatka, or Okhotsk; also to
strictlv prohibit • all foreign mercantile vessels
from visiting these points, or trading in anv of
the ports of Eastern Siberia, except in case of
disaster, when the strictest vigilance must be
exercised to prevent the disposal of any- of the
vessel's cargo, under pain of confiscation of both
ship and cargo. At the same time, the Englishman Davis at Okhotsk and Dobello's Agent at
Kamchatka must be informed that the Government does not permit them to reside at those
places, much less to acquire houses or other
immovable property. The local authorities are
instructed to allow them damages for the immediate disposal of what property they have
already acquired, and to see to their immediate
departure. Mr. Dobello is to be informed that
the ship he has proposed to dispatch from the
Philippine Islands to Kamchatka with provisions
and articles of luxury will not be allowed to visit
Kamchatka unless it be transferred to the
ownership of a Russian subject, preference to be
given to the Russian-American Company operating under highest protection.
3. Permission is also denied to Mr. Dobello to
dispatch any ships to Kronstadt with teas or
other Chinese goods, such transactions being in
direct conflict with the views of the Government.
He is also informed that no further intercourse is
possible between him and   the   authorities   of
K
ever, iieen given to him to reside at Manilla, and
to discharge there all the ordinary duties of a
Consul. The only object for which Mr. Dobello
was sent to Manilla was to assist our American
Company in every way he could, and he has been
reminded of this in the instructions which have
just been sent to him.
(Signed)        Count D. GURIEFF,
Minister of Finance.
Count YAKOV LAMBERT,
Privy Councillor.
No. 3.
From the Board of Administration of the Russian-
American Company under the protection of His
Imperial Majesty to Captain Matvei Ivanovitch
Muravief, of the Imperial Navy, Chief Manager
of the Colonies of the Russian-American Company.
(No. 265.    Secret.)
IN a letter dated the 10th instant and marked
" Secret," the Minister of Finance informed this
Board that His Imperial Majesty has directed as
follows:—
" 1. The Agreement concluded with the
Englishman Pigot is not approved by the Government.
" 2. The authorities at Irkutsk are to be
instructed not to allow any foreigner, unless he
has become a Russian subject, to enter a merchant
guild, or to settle at Kamtchatka or Okhotsk;
and they are not to permit any foreign merchant-
vessel to trade at those places under any circumstances, or to enter the ports of Eastern Siberia,
except in case of distress, in which case such
vessel is not to be permitted to unload any part of
her cargo or endeavour to dispose of it, under pain
of confiscation of the ship and cargo. Further-
more, the Englishman Davis at Okhotsk and
Dobello's agent at Kamtchatka are to be informed
through the same officials that the Government refuses them permission to remain at those places,
or to build houses or hold real property there;
and the local authorities shall afford them all
proper facilities for disposing of their property
and leaving the country. Mr. Dobello is to be
informed that the ship which he proposes to
despatch from the Philippine Islands to Kamtchatka will be allowed to go there for this once,
and that he may sell the merchandize and provisions which he may send by her; but that he
must not send any more ships, and is in future to
confine himself to loading Russian ships which
are sent to Manilla for provisions and merchandize,
by order of the Government or of our American
Company.
" 3. Mr. Dobello is refused permission to send
two ships to Cronstadt with tea and other Chinese
goods. Such a proceeding would not be in
harmony with the views of the Government-
moreover, all that has ever been, or that is now'
asked of Mr. Dobello is that he shall report what Original Translation.
Eastern Siberia, and that even if supplies should
be needed from Manilla or any other adjacent
foreign country, such transactions would be intrusted to the hands of our American Companv.
Having informed you of these highest views,
the Board of Administration adds the following
explanation :—
The contract which was disapproved by the
Imperial Government was concluded by Pigott
on the 18th June, 1819, for a period of ten years
by Mr. Riccord, Commander of the Kamchatka
district, and Court-Councillor Dobello on behalf
of the Government, parties of the first part, and
the above-named Englishman Pigott on behalf of
himself and his partners, Davis, Ebbets, and
Meek, captains of American merchant-vessels, of
the second part, for the purpose of whaling and
hunting marine animals for their furs and oil on
the coasts of Kamchatka and of Eastern Siberia,
in the harbors, bays, and straits, and on the
islands, for their own benefit and profit, without
any duty or royalty, and with the privilege of
carrying the Russian flag, and with the additional
privilege of fishing and of shipping the catch
from Kamchatka on payment of 50 kopeks per
poud on salted fish. This contract was naturally
considered by the Government to be injurious to
the interests of the Company, since all the
benefits accrued to foreigners, and no provision
was. made to protect the native inhabitants of
those regions who depend for their principal
means of subsistence upon fish, which under this
contract would have been carried away by
foreigners before their longing eves.
Having thus reached the conviction that the
real object of these scheming foreigners, with
whom it appears that Dobello was allied on terms
of intimacy, was not only to obtain the privilege
of killing whales and of trying out their blubber,
or the chase of other marine animals which
frequent our waters that wash tbe coasts of
Eastern Siberia, but rather to gradually obtain
control over our Kurile and Aleutian Islands for
the purpose of hunting sea-otters and fur-seals,
which object, had it been obtained, would have
crippled the Russian-American Company, the
Board of Administration expresses the following
opinion:—
17
Revised Translation
As soon as the Imperial Government ascertained that the contracts made were in open
violation of the privileges granted the Company,
it prohibited at once all foreigners not only from
settling in Kamchatka or Okhotsk, but also from
all intercourse with those regions, enjoining the
authorities to maintain the strictest surveillance
over their movements. Basing your own action
upon this proceeding on the part of our Highest
Protector, you as Commander of all our Colonies
must prohibit with equal strictness all foreigners
from engaging in any intercourse or trade with
native inhabitants, [as well as from visiting the
waters frequented by sea-otters and fur-seals,
over which our operations extend,] under the
penalty of the most severe measures, including
the confiscation of ships and the imprisonment of
crews engaged in this illegal traffic. You must
act  with  the  greatest  severity in  cases  where
are the prices of Chinese goods at Manilla, and
what products of Eastern Siberia could be profitably sold there, in order that this information
may be made use of by our American Company
in its various commercial operations."
In informing you of His Imperial Majesty's
decision, the Board wishes to make'the following
observations:—
The Agreement with Pigot which has not been
approved is the Agreement concluded on the
18th June, 1819, for ten years between the
Superintendent of Kamtchatka, Mr. Ricord, and
"Court-Councillor" Dobello, in the name of the
Government on the one hand, and the aforesaid
Englishman Pigot on the other hand, for himself
and for his partners, Davis, Ebbets, and Meek,
captains of American merchant-vessels, with
reference to fishing for whales and extracting oil
from these and other marine animals on the shores
of Kamtchatka and on those of all Eastern
Siberia, in the harbours and bays and amongst
the islands, for their own benefit and free of all
duties, with permission to fly the Russian flag,
and also with reference to catching fish to export
from Kamtchatka, a duty of 50 copecks to be paid
on every pood of fish taken and salted by them.
This Agreement, it appears, is considered by the
Government a mischievous one, because it contains
no provision that would benefit the inhabitants of
Kamtchatka and Okhotsk, and, moreover, the
people of Kamtchatka, who are often in want of
fish on account of the scarcity of salt and the
want of fine days for drying the fish, would very
likely be deprived, under the Agreement, of
30,000 poods of fish a-year, which would be
caught and carried off bv the above-mentioned
foreigners.
Having discussed the scheme, which has very
properly been rejected,, of the crafty and enterprising foreigners, with whom Dobello appears
to be closely allied as a result of his long acquaintance with them, and who, if they had been given
permission to catch whales and other marine
animals and to extract their oil, would have
brought numbers of ships manned by all kind's
of crews, and would have frequented not only
the harbours and bays of Eastern Siberia, but
also our Kurile and Aleutian Islands, solely for
the purpose of taking sea-otters and seals—by
which operations they would have ruined the
Russian-American Company—the Board .vill now
explain its views with regard to these various
matters.
In view of the fact that the Government has
perceived that these schemes would have done
much harm to the Company, and has prohibted
foreigners not only from settling, but also from
trading, at Kamtchatka and Okhotsk, where there
are established authorities, and where a surveillance can be exercised, it is your duty, as the
Manager of the Colony, to use your best endeavours to carry out His Imperial Majesty's orders,
by strictly prohibiting the foreigners who may
visit the Colony from engaging in a traffic with
the Indians, and, in case any of them violate
the Regulations, not to be afraid to arrest the
bold adventurers and seize their ships, if they
carry on a traffic injurious to the Company's
interests at places, or on islands, occupied by it,
and especially if they supply the Indians with
arms, powder, and lead. You should not even
allow them to enter your ports unless you find 18
.I'M
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I ii
111
il 1
ill
foreigners
and lead,
that [their
Original Translation.
iavc sold to the natives arms, powder,
They must be made to understand
presence in our waters is contrary to
our laws, and that] they will never be admitted to
any port unless you or your subordinates convince
yourselves that such is necessary for the saving
of life. In a word, you must preserve an attitude
in full accord with the views of the Imperial
Government on this subject,[and protect against all
intruders the domain of land and water granted to
us by the grace of the Emperor, and necessary for
our continued existence and prosperity.]
You must transmit these instructions without
delay to your subordinate commanders for their
conduct in their intercourse with foreigners, and
especially to the commanders of ships navigating
our waters, [to enable them to drive away the
foreign intruders].
The communication from the Minister of
Marine also contained a copy of a letter from the
present Governor-General of Siberia, embodying
many suggestions and opinions of advantage to
the Company. Of this document the Board of
Administration forwards a copy for vour guidance,
to enable you to act for the best interests of the
Company.
(Signed) MICHAEL KISSELEF,
VENEDICT KRAMER,
ANDREI SEVERIN,
Directors.
April 23, 1820.
P.S.—We hereby inform you that the Government has decided to dispatch two ships around
the world during the present summer; one to
winter in Kamchatka, and the other to proceed to
Sitka and to cruise in search of foreign vessels.
Revised Translation.
it necessary to buy something from them which
the Company urgently requires. In a word, you
should adopt towards these adventurous traders
such an attitude as it is proper for the Governor
of all the places occupied by the Company to
assume.
Do not fail to instruct
you how to deal with forei
shores.    Special instructions should be
le authorities under,
ners coming to your
Civen to
the Commanders of our ships which are detached,
to the various points  with regard to the action
they are  to take if they find  anywhere foreign
ships engaged in illicit trading.
The Minister inclosed in his letter a communication from the Governor-General of Siberia,
which contains much that is of use to the Com-'
pany. The Board incloses a copy of this for
your guidance in the management of the Company's affairs.
(Signed) MICHAEL KISSELEF,
VENEDICT KRAMER,
ANDREI SEVERIN,
Directors.
Zelensky,
Chief Clerk.
April 23, 1820.
(Signed)
P.S.—We have to inform you that the Government has decided to send two ships.round the
world this summer; the one is to winter at
Kamtchatka, and the other at Sitka after driving
away the foreign adventurers.
M. K.
No. 4.
No. 4.
w
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Letter from the Board of Administration of the
Russian-American Company to Captain M. I.
Muravief, Chief Manager of the Russian-American Colonies. Written from St. Petersburg,
March 31, 1821.
YOUR two letters from Okhotsk of the 26th
and 28th July have been received by us with
satisfaction, but with still greater pleasure we
read your just remarks relating to various subjects
intimately connected with the Company's interests.
For this we render you our most sincere thanks,
wishing you at the same time a safe arrival at
your destination and good health, and that you
may always retain at heart the best interests of
our Company.
Your remarks to Mr. Riccord can not, we
think, have been very acceptable to that gentleman. From the copy herewith inclosed of communications from the Ministries, you will see that
the Imperial Government not only repudiates
Messrs. Riccord, Dobello, and Pigott, but also
prohibited them altogether from trading in
Okhotsk and Kamchatka, with the result that
to-day the foreigners have abandoned their enter-
St. Petersburqh,
(No. 225.) March 31, 1821.
Dear Captain Muravief,
WE were very glad to receive your two letters
from Okhotsk, dated respectively the 26th and
28th July, and it gave us special "pleasure to read
your very just remarks on many subjects which
interest the Company. We thank you hea.rtilv
and hope your stay in the Colonies may be a
pleasant one, and that you may enjoy good health.
We trust that we may always see in you a benefactor of the Company.
What you said to Mr. Ricord cannot have been
very pleasant to that gentleman. You will see
from the inclosed copy of a letter from the
Ministry, that our Government has not only
put an end to the schemes of Messrs. Ricord
Dobello, and Pigot, but has even prohibited them
frorn trading at Okhotsk or Kamtchatka, by compelling the foreigners now residing at those places
to leave them, and by forbidding foreigners to visit Original Translation.
prise in that region, and no other foreigners will
be allowed to visit these places in the future.
The principles involved in this action of the
Government you must also observe in dealing
with foreigners who may visit our Colonies, [using
all the force at your command to drive them from
our waters.] Together with our new privileges,
which have already been promulgated by the
Minister, and wdich are only awaiting the return
of our Monarch, we shall also receive definite
instructions how to deal with foreigners who
venture to cross the limits of possessions ac-
quired long ago through Russian enterprise and
valor.
From the same Ministerial documents you will
see that the Company has been urged to engage
in the whaling industry, and the necessary experiments will be entered into at once, though we
know beforehand that no great profits will accrue
to us therefrom, since Kamchatka and Okhotsk
are districts very thinly populated, affording but
an insignificant market for whale oil, and we
could not sell it anywhere else. In these documents you will also find that the Government
desires the Company to supply Kamchatka and
Okhotsk with breadstuff's, but this we are compelled temporarily to decline. When the "Borodino "■ called at Manilla, there appeared to be no
market for the articles of Russian manufacture
which, in Dobello's opinion, could be sold there
with profit: on this matter, however, you must
be fully informed through our officers, who must
have reached you long ago, and who it is to be
hoped are now on their return voyage. There
only remains the hope of obtaining bread from
California, if the Missions there have not been
abolished. Your information on this point has
been gratifying to us.
Upon all the questions submitted by Mr.
Yanovsky, we have embodied our decisions in
despatches already forwarded to you, accompanied
by copies of all papers for use in case of loss of
the originals which were sent on the "Borodino."
During the present year no naval vessel has
been dispatched around the world for the protection of our Colonies, but now two ships are
being fitted out, to the command of which
Tulubief and Filatof have been appointed, the
former being in charge of the squadron. [You
will, therefore, have an ample force patrolling our
waters and protecting our interests.] In addition,
we send you the brig | Hunk," commanded by
Master Klotchkof. The brig is to return to us
after cruising in colonial waters. In the accompanying newspapers and journals forwarded by
.the *'f Rurik," with the additional despatches, you
will learn the state of affairs in Europe and in
other countries.
Renewing our wishes for your prosperity and
good health, we have, most gracious Sir, the honor
to remain, with the most sincere friendship and
respect,
Your very humble servants,
(Signed) MICHAEL KISSELEF.
VENEDICT KRAMER.
ANDREI SEVERIN.
19
Revised Translation.
them in future. It will be your duty to act upon
this Order of the Government, and to do your
best to prevent foreigners from visiting our
Colonies. As soon as our new Charter, which
has already been drawn up at the Ministry, and
is only awaiting the return of His Imperial
Majesty, has. been sanctioned, we shall have
Regulations showing us how to deal with foreigners
who may cross the limit of our jurisdiction, and
then it will be your duty to put these Regulations
jn force.
You will see from the letter from the Ministry
that the whaling industry has been handed over
to the Company. We shall try the experiment in
due course; but we can tell beforehand that it
will not be a profitable business, for Kamtchatka
and Okhotsk, being thinly populated regions, will
consume very little oil, and there is nowhere else
where we could dispose of it. You will see from
the same letter that the Government wants the
Company to supply Kamtchatka and Okhotsk
with breadstuff's, but this we are obliged for the
moment to decline to do, as it is impossible, in
view of the fact that when the " Borodino " was
at Manilla, she found she could not dispose of
various goods which Dobello said would sell very
profitably there. You will have heard all the
details of these matters from our officers, who,
we trust, have long since reached the Colonies,
and who may, perhaps, be already on their way
home. The only place where we can hope to obtain
breadstuff's is California, that is to say, if the
Missions there have not been destroyed. We
await news from you on this subject, which will
either give us pleasure or cause us regret, as the
case may be.
We have replied to all the questions put to us
by Mr. Yanoffsky in the despatches which have
been sent to you, and which were accompanied
, by copies of the papers sent by the "Borodino,"
in case the originals were lost.
Last year no Government vessel was sent
round the world to protect our Colonies ; now two
are being sent out under the command, respectively, of Tulubief and Filatof, the former being
the senior officer; and we are about to send out
to you the "Rurik," under the command of
Lieutenant Klotchkoff. The brig is to return
home after visiting the Colonies.
You will get all the European news from the
papers   we   are   sending   out   to   you   by   the
we   are       ..,,,..
" Rurik," and we shall send you another letter by
her.
With all good wishes, &c.
(Signed)       MICHAEL KISSELEF.
VENEDICT KRAMER.
ANDREI SEVERIN. 20
18!
iii!
Original Translation
No. 5.
Letter from the Board of Administration of the
Russian-American Company to Captain M. I.
Muravief, of the Imperial Navy, Chief Manager
of the Russian-American Colonies. Written
from St. Petersburg, August 3, 1820.
IN order to enable you to issue your instructions to the various offices and to the managers
of the Islands of St. Paul and St. George, as well
as for your own information, we inclose herewith
a statement of the views entertained by the
General Government, as well as by the management of the Company. You will perceive from
this statement that we, as well as the Government, do not countenance any intercourse with
foreigners, [or the admission of foreigners within
the precincts of our possessions,] except in case of
absolute necessity. Heretofore, all such transactions have generally resulted in serious losses
to us, [and the very presence of foreigners in our
waters has become a vital question, affecting the
existence of the Company.] The Board of Administration expects you to exercise the utmost
vigilance on this subject, and to warn all district
commanders against any intercourse with
foreigners. To enable you to comply with these
instructions more strictly, we shall henceforth
dispatch every year a ship with supplies for
the Colonies.
(Signed)       VENEDICT KRAMER,
Director.
ANDREI SEVERIN,
Director.
Revised Translation
No. 5.
From the Board of Administration of the Russian-
American Company under the Protection of His
Imperial Majesty to Captain Matvei Ivanovitch
Muravief, Chief Manager of the Colonies of the
Russian-American Company.
(No. 430.) August 3, 1820.
IN order that you may be informed of the tenour
of the instructions issued to all the colonial stations
and to the managers on the Islands of St. Paul and
St. George, we herewith transmit a copy of those
instructions, and hope that, as you know the
aims of the Company and the Government better
than the other officers, you will do your best to
carry out the wishes of the Board, and will not
have any dealings with the foreigners, unless you
are absolutely compelled to have recourse to
them to obtain something which is indispensable
to you. Such dealings have always hitherto
been unprofitable, inasmuch as the prices they
give for furs are very much lower than those
which obtain in Russia. The Board trusts that
you will take care that these instructions are
carried out by the authorities of all the stations,
more especially as there appears to be no
necessity for these dealings, as, in future, ships
belonging to the Company are going to be sent to
the Colonies regularly every year with large
cargoes.
(Signed)       VENEDICT KRAMER,
Director.
ANDREI SEVERIN,
Director.
ill!!
i
Et   IIII
Inclosure in No. 5.
Orders from the Russian-American Company to
its Kadiak Office, August 3, 1820.
(No. 426.)
THE deceased Baranof was frequently instructed
to abstain as far as possible from all intercourse
with the foreigners visiting our Colonies, and also
to inform the subordinate officers at Kadiak,
Unalaska, and the seal islands on this subject.
Now it has been decided to dispatch annually to
the Colonies a ship loaded with all supplies
needed for the maintenance of the people, ships,
&c. In the years 1816 and 1819 the ships
"Kutuzof" and "Borodino" were dispatched
with valuable cargoes, and during the present year
the " Kutuzof" will be again dispatched; consequently, there will be no necessity for dealing
with foreigners in the matter of supplies. It is
the desire of His Majesty the Emperor, which
has been communicated to our Company, that all
such intercourse should cease, and that the
benefits arising from the possessions acquired by
Russia on the coasts of Asia and America should
accrue wholly to the benefit of Russian subjects,
and especially to our Company under its Imperial
Charter. The Imperial Government has also
issued orders to expel from Okhotsk and
Kamchatka all foreigners who come there for the
purpose of trade; as well as to abstain henceforth
from all intercourse with any foreigners who may
hereafter visit those shores. [For the sake of
preserving intact our valuable privileges in  the
Inclosure in No. 5.
Instruction addressed by the Board of Administration of the Russian-American Company under
His Imperial Majesty's Protection to its Office
at Kadiak.
(No. 426.)
THE late Mr. Baranof was more than once
directed to abstain, as far as he possibly could,
from having anv dealings with the foreigners
who come to our Colonies, and to instruct the
officers at Kadiak and Unalaska and the managers
on the seal islands to adopt the same course.
Moreover, now that it has been decided, in future,
to send to the Colonies every year a ship with all
that is wanted in the way of provisions, tackle, &c,
and in view of the fact that the " Kutusof " and
"Borodino" were sent out in 1816 and 1819
with large cargoes, and that, in accordance with
the decision above referred to, the " Kutusof " is
to be sent out a second time, not only is there
no necessity for having dealings with the foreigners,
but the Government, who have given orders for
those who have come to Okhotsk and Kamtchatka
to trade to be sent away, and for no others to
be allowed to come there, have so clearly stated
their wishes in the matter, that you must not
even think of trading with these foreign visitors
who offer certain articles of luxury, which the
Colonies can very well do without, in exchange
for furs for which high prices can be obtained in
the Canton market. Your Office is, therefore
strictly prohibited from parting with any furs
whatever to the foreigners in exchange for other
goods.    You should ask the Offices at Novoarkh- Original Translation.
waters over which our trade and industry extends,]
we may well dispense with such articles of luxury
as the foreigners endeavor to make us purchase
from them. Consequently, each commander of
a station will be held strictly responsible for the
slightest infraction of these rules, or the most
trivial transactions between foreigners and the
people in his charge. In cases of necessity,
protection will be afforded by the Commaders of
New Archangel and of Okhotsk.
Augusts, 1820.
No. 6.
Letter from the Board of Administration of the
Russian-American Company to Captain-Lieutenant and Knight M. I. Muravief, Chief Manager
of the Russian-American Colonies. Written
from St. Petersburg, March 15, 1821.
MR. YANOVSKY, in his Report under date of
the 25th February, 1820, No. 41, describing his
inspection of the fur-seal industry on the Islands
of St. Paul and St. George, remarks that every
year a greater number of young bachelor seals is
being killed, while for propagation there remained
only the females, sekatch,* and half sekatch.f
Consequently, only the old breeding animals
remain, and if any of the young breeders are not
killed by autumn they are sure to be killed in the
following spring. From this it naturally results
that the industry decreases every year in volume,
and that in course of time it may be extinguished
entirely, as can clearly be seen from experiments
made. In order to avert such disaster, it would
be to our great advantage that for one year no
seals at all should be killed. Then strict orders
should be issued that the annual take of seals
should not exceed 40,000 on St. Paul and 10,000
on St. George. Mr. Yanovsky thinks that under
.such rules the fur-seal will not continue to
diminish. The Board of Administration of the
Company, while acknowledging the justice of
these remarks, would desire that these measures
be employed only in case of a failure to discover
other seal rookeries on islands to the northward
-and southward of the Aleutian chain, which it is
on tne
hoped to discover. In the meantime,
Islands of St. Paul and St. George, every third year
the first "prival"^ only should be worked on one
of the islands, in turn. For instance, if on one
island the first "prival" is spared, killing from
this " prival" is done on the other; and, again,
when a period of rest is observed on the second
island, all three " privals " are worked on the first
island to make up the annual catch determined
npon for both islands. In this way the people
will not be idle during any year, since they can
-easily be carried to whichever island is designated
for working all three " privals."  ,
If, however, the islands to the northward are
discovered, and are found to be available for
sealing, we may, in conformity with Mr. Yanov-
sky's opinion, instruct the officials of St. Paul and
St. George to work them every fifth year, limiting
the annual catch in the interval on St. Paul Island
* Bulls.
T Young bulls.
* The word "prival" means the larger waves of an incoming tide, and it is used upon the assumption that the seals
.are landed upon the islands in three distinct waves or " privals."
The meaning of the text is not quite clear at this point.
From the Board of Administration of the Russian-
American Company, under the Protection of His
Imperial Majesty, to Captain Matvei Ivanovitch
Muravief, &c,  Chief Manager of the Russian
American Colonies.
(No. 175.)
IN his Report No. 41 of the 25th February, 1820,
Mr. Yanovsky, in giving an account of his
inspection of the operations on the Islands of
St. Paul and St. George, observes that every year
the young bachelor seals are killed, and that only
the cows, "sekatch," and half "sekatch" are
left to propagate the species; it follows that only
the old seals are left, while, if any of the
bachelors remain alive in the autumn, they are sure
to be killed the next spring. The consequence
is, that the number of seals obtained diminishes
every year, and it is certain that the species will
in time become extinct.
This view is confirmed by experience. In order
to prevent the extinction of the seals, it would
be well to stop the killing altogether for one
season, and to give orders that not more than
40,000 are ever to be killed in any one year
on the Island of St. Paul, or more than 10,000
in any one vear on the Island of St. George.
Mr. Yanovsky considers that, if these measures
are adopted, the number of seals will never
diminish. The Board of Administration, although
they concur in Mr. Yanovsky's view, have decided
not to adopt the measures proposed by him unless
it is found that there is no migration of seals
to the two small islands which are believed to
exist to the south and north of the chain of
islands; they have decided in the meantime that
every fourth season the first batch of seals arriving
at the Island of St. Paul shall be spared, and the
same in the case of the Island of St. George.
The following arrangement should be adopted.
During the season when the first batch is to be
spared on the Island of St. Paul, the killing of
all three batches of seals should go on on the
Island of St. George, and conversely. Not more
than 40,000 seals should be killed on the Island
of St. Paul, or more than 10,000 on the Island
of St. George, in any one.year. If this arrangement is adopted, the men will never be idle; for
when the time comes for one batch to be spared
on one island they can all go to the other, where
all three batches are to be killed. If the small
islands supposed to exist to the north are discovered, and are found to be visited by seals, you
should, as suggested by Mr. Yanovsky, give instructions for the employes of the Company on
St. Paul and St. George to
.there every sixth year, and to continue to kill
40,000 on  St.  Paul and  10,000 on   S
\w- 22
Original Translation.
Revised Translation.
i II
18
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every year.    At the end Of every five years, the
killing should cease on St. Paul and St. George
to 40,000  and  on St.  George to   10,000.    We
must suppose that a total suspension of killing
every fifth year will effectually stop the diminution    for one year, for the propagation of tbe species ;
of the fur-seals, and that it will be safe at the -  r   .     ,, .    .  ... i
expiration of the close season to resume killing at
the rate mentioned above. By strict observance
of such rules, [and a prohibition of all killing of
fur-seals at sea or in the passes of the Aleutian
Islands,] we may hope to make this industry a
permanent and reliable source of income to the
Company, without disturbing the price of these
valuable skins in the market. Great care must
be taken to prevent the burning of skins subjected
to artificial drying. This process must not be
resorted to with salt wood (driftwood), and if no
other can be obtained, the greatest care must be
taken to regulate the fires. The non-observance
of strict rules upon this point has already been
the cause of losses to the Company, amounting to
millions of rubles. The latest shipments of fur-
seals to Russia were in fair condition, consequently
we may hope that equal care will be taken in the
future. When you visit the islands you will
make such arrangements as in your judgment will
prove beneficial to both the Company and the
natives employed. If, from unforeseen circumstances, you should be prevented from visiting
the islands in question, be sure to send a trustworthy representative who will impress upon
officials as well as employes that our Rules for preserving these valuable animals must be observed.
With the greatest respect, we are, your Excellency's humble servants, '
(Signed)        MICHAEL KISSELEF,
VENEDICT KRAMER,
ANDREY SEVERIN,
Directors of the Russian-American
Company.
No. 7.
Letter from the Board of Administration of the
Russian-American Company to Captain-Lieutenant M. I. Muravief, Chief Manager of the
Russian - American Colonies. Written from
St. Petersburg, September 7, 1821.
THE Board of Administration having received
a copy of the Rules for the limits of navigation
and communication along the coast of Eastern
Siberia, the north-west coast of America, the
Aleutian, Kurile, and other islands [and the inter-
vening waters,] established and confirmed by His
Majesty the Emperor, and transmitted to the
Governing Senate for promulgation and publication, we hereby send you one stamped copy for
your guidance and observance. These Rules and
Regulations will be translated into the English
and French languages, and as soon as these
translations have been received we shall endeavour
to forward them to you by one of the naval
"vessels.
(Signed)       VENEDICT KRAMER,
Director.
ANDREI SEVERIN,
Director.
* The Rules referred to are the TJkase of 1821.   (See vol. i,
. 16.)
during that year the catch on the small islands to
the north will indemnify the Company for what
it loses on St. P-"1 and St. George; and the
following year the usual operations will be
resumed, and 40,000 seals killed on St. Paul and
10,000 on St. George.
These measures will preserve the fur-seal
industry and advance the best interests of the
Company by preventing the price of the furs-
from falling in the market. Great care should
also be taken that the skins are not spoilt by
excessive drying in ovens, if the adoption of that
method is sometimes made necessary by persistent
bad weather; the managers of the islands should
be very careful that the ovens are not over-heated,
and should be called upon to pay for any skins
that are made useless for export. The Company
have, in former times, lost about a million roubles
in this manner. The furs brought to Russia
latterly have been fairly well prepared, and it is
to be hoped that this improvement will continue.
The Board would be glad if, when you next go
to the islands, you would suggest any measures-
which you think would tend to improve the fur-
seal industry; should it, however, be impossible
for you to visit the islands at present, you will
lose no time in giving orders for the Rules laid
down by this Board to be applied forthwith.
(Signed)       MICHAEL KISSDLEF.
VENEDICT CRAMER.
ANDREI SEVERIN.
(Signed)        Zelensky,
Chief Clerk.
March 15, 1821.
for your information
copy which   has   been
No. 7-
From the Board of Administration of the Russian-
American Company under His Imperial Majesty's
Protection to Captain Malvei Ivanovitch Muravief,
c^c, Chief Manager of the Russian-American
Colonies.
(No. 510.V
I TRANSMIT herewith
and  guidance,  a  printer."
received by this Board of the Rules with regard
to the limit of navigation and the order of communication by sea along the shores of Eastern
Siberia, of North-Western America, and of the
Aleutian, Kurile, and other islands which have
been sanctioned by His Majesty the Emperor,
and communicated to the Ruling Senate for
publication. These Rules will be translated into
English and French, and if this Board can obtain
copies of the English and French versions, they
shall be sent to you by one of the Imperial
ships.
(Signed)       VENEDICT KRAMER,
Director.
ANDREI SEVERIN,
Director.
(Signed)        Zelensky,
Chief Clerk.
September 7, 1821. 23
Original Translation.
No. 8.
Letter from the Board of Administration of the
Russian-American Company to Captain-Lieutenant of the Imperial Navy and Knight M. I.
Nuravief, Chief Manager of the Russian -
American Colonies. Written from St. Petersburg,
September 20, 1821.
THE Minister of Finance, his Excellency
Count Dmitry Alexandrovitch Guryef, under date
of the 18th instant, has informed the Board of
Administration of the Company that His Imperial
Majesty, on the 13th day of the present month,
has most graciously deigned to consider in private
council the propositions submitted by his Excellency of granting anew to the Company its rights
and privileges for a period of twenty years. A
new set of Rules and Regulations were also taken
under advisement, and the subsequent action, as
evinced by the Imperial Edict, furnishes proof of
the sincere anxiety on the part of the Imperial
Government to assist all praiseworthy and
patriotic enterprises, such as that represented by
our Company, and to extend over them its
highest protection. Our august Monarch is ready
to do all in his power to further the efforts of the
Russian-American Company in spreading civilization and Christianity in the most distant
possessions of Russia, promising at the same time
to secure to the Company its well-deserved profits
and advantages.
The Board of Administration of the Company
has received the Edict and accompanying Regulations as promulgated by the Directing Senate,
and ten copies of these documents with the seal
of the Company affixed are herewith inclosed.
[With this precious Act in your hand you will
be enabled to assume a new position, and to stand
firmly opposed to all attempts on the part of
foreigners to infringe upon our rights and privileges. In accordance with the will of His Imperial
Majesty, we will not be left to protect unaided
the land and waters embraced in our exclusive
privileges. A squadron of naval vessels is under
orders to prepare for a cruize to the coasts of
North-eastern Asia and North-western America.
In  vour dealings  with
foreigners] you wdl act
especially under the provisions of the following
paragraphs contained in the new Regulations:
35, 39, 41, 43, 44, 46-49, 51, 52, 53, 55-60, 62,
64, 67—70- [These paragraphs bear plainly upon
the points in dispute between  us and other sea-
our
faring  nations.     We   can   now   stand  upon
rights, and drive from  our
intruders who threaten to neutralize the benefits
waters and ports the
•and gifts most graciously bestowed upon our
Companv by His Imperial Majesty.] Faithfulness
and energy on your part in carrying out the
provisions of this Edict will be duly reported to
and appreciated by the highest authorities.
Of the copies of the documents herewith inclosed,* you will furnish one each to the offices of
New Archangel, Kadiak, Unalaska, Ross, and to
the agents on the northern fur-seal islands, with
instructions to comply with all its provisions as
far as local circumstances will permit, with such
additional explanations as you may see fit to
furnish to the various individuals in charge.    It
* A copy of the Ukase, translated into the English language,
-was inclosed with this letter, and from it is copied the transal-
tion of the TJkase inserted in vol. i, p. 24.
[117]
Revised Translation.
No. 8.
From the Board of Administration of the Russian-
American Company under His Imperial Majesty's
Protection to Captain Matvei Ivanovitch Muravief
Chief Manager of the Russian •> American
Colonies.
(No. 532.)
HIS Excellency Count Dmitri Alexandrovitch
Gurief, Minister of Finance, informed this Board
on the 18th instant that His Imperial Majesty
had been pleased to approve, at Porkhov, on the
13th instant, drafts of a Charter granting privileges to this Company for a further period of
twenty years, and of Regulations for its guidance.
In inclosing copies of these papers, Count Gurief
expressed the hope that, as they furnished to the
Company proof of the anxiety of the Government
to make it a still more useful institution,' this
Board would, on its part, use its best endeavours
to meet the wishes of the Government in every
respect, and especially that it would lose no time
in sending the necessary instructions to you as
the Chief Manager'of the Company's Colonies.
The Board has also received these documents,
in the form in which they were printed for
publication, from the Ruling Senate. Ten copies
are transmitted herewith.
In these documents, and especially in the
Regulations, the Government has explained the
duties which it expects you, and this Board
through you, to fulfil.
The Board does not consider it necessary to
repeat all that is stated in the Charter and
Regulations, by which expressions of the wishes
of the Government you will of course be guided.
In calling your particular attention, however, to
paragraphs 35, 39, 41, 43, 44, 46, 47, 48, 49, 51,
52, 53, 55, 56, 57, 58, 59, 60, 62, 64, 67, 68, 69,
and 70 of the Regulations, the Board hopes that
you may earn the approval of the Government by.
complying with its requirements, and that you
may enable the Board to bear witness always to
the usefulness of your proceedings.
Be so good as to supply copies of the inclosures
to the offices at Novo Arkhangelsk, Kadiak,
Unalaska, and Ross, and the Departments at the
northern seal islands, and to instruct them in
detail as to the manner in which, keeping in view
local circumstances, the Rules now laid down
should be carried out. It is necessary that
detailed instructions should be given to insure
uniformity in the manner in which they are
applied, and to make it certain that they will be
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Original Translation.
is necessary to add that such additional instructions and explanations must be uniform in tenor
and expression in order to avoid misunderstanding
and embarrassment to the Board of Administration.
Upon the receipt of such overwhelming evidence
of the good-will of our Monarch toward the
Company, we most sincerely congratulate you and
your co-laborers in the field of enterprise.
In our future correspondence we will not forget
to further enlarge upon this subject as circumstances may require. Lack of time prevents us
from saying more at present.
(Signed)       VENEDICT KRAMER,
Director.
ANDREI SEVERIN,
Director.
No. 9.
Letter from the Board of Administration of the
Russian-American Company to Captain-Lieutenant of the Imperial Navy and Knight M. I.
Muravief, Chief Manager of the Russian -
American Colonies. Written from St. Petersburg,
February 28, 1822.
IN your despatch No. 36, dated the 21st
January, 1821, you asked for instructions as to
sending in one cargo all the furs remaining in
your hands, as you did in that year, shipping
60,000 fur-seals by the " Borodino." The Board
of Administration of the Company informs you
"that it is necessary to suspend for a time shipments of fur-seals, since those shipped by the
" Borodino" still remain unsold, and other lots
are in the same condition at Moscow and in
Siberia. These fur-seals were not sold because
the demand for them, as well as all other furs, has
been greatly reduced during the Turco-Grecian
difficulty. However, you need not on that
account discontinue the shipments of the other
valuable furs by the way of Okhotsk and Kron-
stadt. [As to fur-seals, however, since our gracious
Sovereign has been pleased to strengthen our
claims of jurisdiction and exclusive rights in these
waters with his strong hand, we can well afford to
reduce the number of seals killed annually, and to
patiently await the natural increase resulting
therefrom, which will yield us an abundant harvest
in the future.]
In reference to your action in disposing of the
Japanese brass cannon, we fully approve of what
you have done. You did not need them in the
Colonies, since you must have on hand sufficient
armament to fit out all the Company's vessels as
cruisers for the protection of our waters.
(Signed)       MICHAEL KISSELEF.
V. KRAMER.
ANDREI SEVERIN.
Revised Translation.
understood, as  otherwise embarrassment might
be caused to vou and to this Board.
We heartily congratulate you, our fellow-
worker, on the happy occasion of the bestowal
on the Company of this mark of the favour of
His Imperial Majesty.
This Board itfi not forget to write to you
further in regard to the Charter and Regulations
if there is any point on which it considers
explanations necessary. The shortness of this
letter is owing to want of time.
(Signed)       VENEDICT KRAMER,
Director.
ANDREI SEVERIN,
Director.
(Signed)        Zelensky,
Chief Clerk.
September 20, 1821.
No. 9.
Reply of the Board of Administration of the
Russian-American Company to Captain Matvei
Ivanovitch Muravief, of the Imperial Navy,
&c, Chief Manager of the Russian-American
Colonies.
(Received on the " Tchirikoff," October 2, 1822.)
(No. 155.)
IN your despatch No. 36 of the 21st January,
1821, you asked whether you were to send home
the whole stock (meaning the stock of furs), and
you did in fact send it (60,000 seal-skins) by the
" Borodino " last year. The Board wishes you
not to send home any more seal-skins for some
time, because those that came by the % Borodino %
are still on its hands unsold, some of them being
r-t "
at Moscow and in Siberia. There is no demand
for seal-skins, and, in fact, the fur trade is altogether
very slack, owing to the difficulties between
Turkey and Greece. Still, you should send home
the better kinds of furs via Okhotsk and
Cronstadt.
You also wished to know whether you were
right in sending home the Japanese brass guns.
The Board entirely approves your having done so,
because they were of no use to you in the
Colonies, and, in fact, it had already been proposed
to send them here from Okhotsk by way of the
Colonies.
(Signed)       MICHAEL KISSELEF.
VENEDICT KRAMER.
ANDREI SEVERIN.
(Signed)       Zelensky,
Chief Clerk.
February 22, 1822. tttti
Original Translation.
No. 10.
Letter from the Board of Administration of the
Russian-American Company to Captain-Lieutenant of the Imperial Navy and Knight M. I.
Muravief. Written from St. Petersburg,
July 31, 1822.
FROM the inclosed Ministerial documents
and the observations thereon by the Board of
Administration, you' will see that England and
the United States are contesting the privileges
and marine jurisdiction conferred upon the
Company. The first-mentioned Power protests
against the boundary claimed by our Government
on the line of the 51st parallel; the other
Power against the prohibition of foreign vessels
from approaching within 100 miles of our
Colonies. In view of these pretensions, His
Imperial Majesty has deigned to instruct the
Hussian Minister to the United States to negotiate with the Government of those States as to
what measures could be taken which would prove
satisfactory to both, with a view of averting
further disputes.
If you should happen to become involved in
•difficulties with foreigners on that subject, you
may allow yourself to be guided by the spirit of the
above-mentioned documents. At the same time,
we can inform you that without regard to future
negotiations His Imperial Majesty, through the
naval commander of his general staff, has ordered
the Commander of the frigate " Kreisser," about
to sail for the Colonies, not to insist too strictly
upon the full distance of 100 miles, while at the
same time affording the fullest protection to our
industries, and proceeding with all foreign ships
engaged in pursuits injurious to them to the full
extent of marine jurisdiction.
(Signed)        V~KRAMER.
ANDREI SEVERIN.
Revised Translation.
No. 10.
Board of Administration of the Russian-American
Company to Captain Matvei Ivanovitch Muravief,
of the Imperial Navy, fyc, Chief Manage)- of the
Russian-American Colonies.
(Received on the frigate % K reiser," September 3,
1823.)
(No. 481.    Secret.) July 31, 1822.
YOU will see from the inclosed copy of a letter
from the Ministry (of Finance), and the observations of this Board thereon, that England and the
United States are raising objections to the privileges granted to the Colonies and to the Maritime
Regulations ; to the former, because our Govern-
ment have fixed the boundary at 51 degrees, and
to the latter, because foreign ships are forbidden
to come within 100 miles of our Colonies.
In view of these pretensions, His Imperial
Majesty has been pleased to instruct the Russian
Minister to the United States to agree with that
Government upon the measures necessary to be
adopted in order to prevent any further dispute.
If you should have any discussion with the
foreigners on these subjects, you will be guided
by the inclosed papers. At the same time, this
Board has to inform you, in connection with
these matters, that His Imperial Majesty has
been pleased to instruct the Commander of the
frigate " Kreiser," which is now on its way to you,
through the naval head of the general staff,
not to apply the 100-rnile rule too strictly;
accordingly, if he found a foreign ship nearer
than that distance he would act with regard to it
as laid down in the Maritime Regulations.*
(Signed)       VENEDICT KRAMER.
ANDREI SEVERIN.
(Signed)        Zelensky,
Chief Clerk.
Inclosure in No. 10.
Letter from the Minister of Finance to the Board
of Administration of the Russian-American
Company. Written from St. Petersburg,
July 18, 1822.
THE Managing Chief of the Ministry of
Foreign Affairs has informed me that on presentation by our Government to the Cabinets of
London and Washington of the Rules promulgated on the 4th day of September, 1821,
concerning the limits of navigation and system of
coastwise intercourse along the shores of Eastern
Siberia, North-western America, and the Aleutian
and Kurile Islands and others, protests were
entered by the English and North-American
Governments against what they called an extension of our domain, as well as against the rule
forbidding foreign ships from approaching the
above-mentioned localities within the distance of
100 Italian miles.
Inclosure in No. 10.
Offices of the Ministry of Finance, 2nd Division,
?>rd Table, to tlie Chief Manager of the Russian-
American Company.
(Received July 18, 1822.)
(No. 938.    Secret.) July 18, 1822.
THE Head of the Ministry of Foreign Affairs
has informed me that, on our Government communicating to the Cabinets of London and
Washington the Regulations for the limits of
navigation, and for communication by sea along
the shores of Eastern Siberia, North-western
America, and the Aleutian, Kurile, and other
islands, approved by His Imperial Majesty on
the 4th September, 1821, the English and North-
American Governments made representations
against what they term the extension of our
dominions, as well as against the rules forbidding
foreign ships to come within 100 Italian miles of
the above-mentioned places.
* This is the literal translation of the Russian text.—(Trans*
lator s note.) 26
Original Translation.
ii III
I! !'
!     ;
,pHi
In considering my Report on these representations, His Majesty the Emperor, wishing always1
to preserve the best possible understanding with
foreign Powers, and having in view at the same
time the possibility of acts of violence occurring between Russian and American vessels, and
the misfortunes which thence might result, has
deigned to instruct the naval authorities to guide
their action by his sentiments on this subject.
These instructions will be communicated to the
commander of the two Imperial ships ordered to
sail this year for the north-west coast of
America. In the meantime, I am authorized to
communicate to you the following:—
1. That Baron Tuyll von Seroskerken has been
appointed as successor to Mr. Poletica in the
position of Imperial Russian Ambassador and
Minister Plenipotentiary to the United North-
American States, and that he has already taken
his departure for Washington in order to consult
with the Government there as to such measures
as may prove satisfactory to both and meet with
mutual consent, avoiding all further difficulties
concerning our mutual rights in connection with
our possessions on the north-west coast of
America. His principal object will be to abolish
all cause of complaint on the part of our American
Company concerning the intrusive enterprise of
certain subjects of the United States, and also to
relieve them of a strict observance of the Edict
dated 4th September, 1821, which in every other
respect must be sustained.
2. In order that Baron Tuyll's negotiations
may be facilitated and brought to a speedy
conclusion, he has been furnished with a transcript
of the Russian-American Company's views as to
the Rules we could ask the Government of the
American United States to observe, with a view
to the maintenance of friendly intercourse without
injury to the vast interests of our Company and
those of the native inhabitants of that country.
The Rules to be proposed will probably imply
that it is no longer necessary to prohibit the
navigation of foreign vessels for the distance
mentioned in the Edict of 4th September, 1821,
and that we will not claim jurisdiction over coast-
wise waters beyond the limits accepted by any
other Maritime Power [for the whole of our coast
facing the open ocean. Over all interior waters,
however, and over all waters inclosed by Russian
territory, such as the Sea of Okhotsk, Bering Sea,
or the Sea of Kamchatka, as well as in all gulfs,
bays, and estuaries within our possessions, the
right to the strictest control will always be maintained.]
In informing me of the highest will on these
points, the Managing Chief of the Ministry of
Foreign Affairs expresses the desire to obtain a
full and clear descriptive statement of all localities
which are at the present day occupied by the
Russian-American Company, and over which the
same Company is now enjoying its exclusive
privilege of trade, navigation, and fishery, in order
to make
Revised Translation.
On these representations being reported to the
Emperor, His Imperial Majesty, being anxious to
do all in his power to preserve the best understanding in his relations with foreign Powers, and
especially wishing to prevent the occurrence of
conflicts between Russian and American, ships,
which might lead to unpleasantness, was pleased to
give instructions to the Department of the Navy
in accordance with these views, in connection with
the sending of two ships this year to the northwest coast of America. His Imperial Majesty at
the same time gave orders for the following steps-
to be taken meanwhile :—
1. Baron Tuyll von Seroskerken is to be
appointed Imperial Russian Envoy Extraordinary
and Minister Plenipotentiary to the United States
of North America in place of M. Poletica, and is to
proceed to Washington, without delay, to concert
with the American Government measures to be
taken by common consent to prevent any further
dispute on the subject of tbe extent of the
respective jurisdictions of Russia and the United
States on the north-west coast of America, to put
au end to the complaints of our American
Colonies of the proceedings of certain citizens
of the United States, and by this means to make
it unnecessary to enforce to their full extent the
Regulations of the 4th September, 1821, which
we should otherwise have to apply rigorously.
2. In order that Baron Tuyll may be enabled
the more easily to carry out the mission intrusted
to him, the Russian-American Company are to
furnish me as soon as possible with a statement
of the measures which we might call upon the
Government of the United States of America to
take, in order that the sources from which the
Company derive their revenue may not suffer,
and in order that the native inhabitants of those
regions may not disturb our Settlements by
carrying on prohibited trade. These measures
should be of such a nature as to make it
unnecessary for us any longer to insist on the
distance stated in the Rules of the 4th September,
182], to be that within which no foreign ship
may come, and such as to enable us to confine
ourselves to exercising a control over such an
extent, of water only as is by common custom
considered to be under the jurisdiction of any
Power which has possession of the seaboard,,
and to introducing on the coast such a system of
surveillance as may be found necessary for the
protection of our territory from attack, and ior
the prevention of illicit trading.
In communicating to me the Emperor's orders
in this matter, the Head of the Foreign Office
desires that the Company's statement mav be
accompanied by an accurate account of the
localities where the Russian-American Company
has hitherto exercised the right of hunting,
fishing, and trading, as well as an indication of
the parallel of latitude which can be fixed as the
it  possible  to  ascertain definitely the    furthest  limit of  our  dominions, without givin
points to which foreign vessels may be admitted
without injury to the Company's,vested rights.
The Managing Chief of the Ministry of Foreign
Affairs adds that when, in the Charter granted to
the Russian-American Company in the year 1799
the 55th degree of northern latitude was settled
rise  to  remonstrances  and  pretensions such as
those which have latelv been evoked.
i  Office adds that,
the   Russian-
as    this
The Head  of the  Foreis
when   the   Charter   granted    to
American    Company   in    1799    fixed
boundary the 55th degree of latitude north, and
vWJfflB' Original Translation.
27
upon as the southern boundary, this line was
looked upon as well to the northward of any
possessions claimed by other Powers, and one
which could safely be changed in case our
Russian-American Company should be found
occupying territory farther south.
For this reason, Privy-Counselor Count Nesselrode suggests that it would be well for the
Russian-American Company to compile in
addition a list of its stations, the time of their
establishment and maintenance, together with
any information they may possess of the situation,
strength, and importance of any establishments
maintained in the vicinity of our possessions by
English or North-American Trading Companies.
In order to enable me to comply with these
various suggestions, and in view of the urgency of
the matter in hand, I now respectfully request the
Board of Administration of the Russian-American
Company to furnish me, without any unnecessary
delay, a Report containing the information specified
above, in duplicate, one copy to be forwarded to
the Imperial Ambassador at Washington. At
the same time, I am authorized to assure you that
every effort wdll.be made to secure the adoption
of such Rules as will effectually protect the
Russian-American Company from inroads on the
part of foreigners upon their vested privileges, in
strict conformity not only with the privileges
granted by highest Act, but also with the Edict of
4th September, 1821.
(Signed)        Count D. GURYEF,
Minister of Finance.
Y. DRUSHFNIN,
Director.
Revised Translation.
gave permission to tbe Company to establish
new stations even south of this line, except
in places belonging to other Powers, no
foreign Government objected to these two points,
but that, on the other hand, it appears that two
English Companies, the North-west Company
and the Hudson's Bay Company, have long had
trading stations established on the north-west
coast of the American continent, beginning from
54° north latitude, and extending, according to
some accounts, to 56°.
Under these circumstances, Privy Councillor
Count Nesselrode thinks that it would be useful
if the Russian-American Company would communicate all the information in its possession
with regard to the existence of these stations and
the time of their establishment, as he considers
such information indispensable in order to avoid
claims being advanced by England when we
proceed with the United States to the delimitation of our respective territories.
In bringing what is stated above to the notice
of the Board of Administration of the Russian-
American Company, in accordance with the
Emperor's orders, I have to request it to supply,
without delay and in sufficient detail, the information required from it, in order that a firm
basis of fact may be/ established on which to
found the instructions to be sent to Baron Tuyll,
with a view to the defence of our territory
against unfounded claims and injurious attempts
on the part of foreigners, and to the protection
of the interests of the Russian-American Company, in accordance with the aims which the
Government had before it when drawing up the
Charter granted to the Company, and the
Regulations approved by His Imperial Majesty
on the 4th September, 1821.
(Signed        Count D. GURIEF,
Minister of Finance.
Y. DRUSHIN1N,
Director.
A true copy:
(Signed)
The Chief Clerk.
No. 11.
Letter from the Minister of Finance {Department
of Manufactures and Internal Trade) to the
Board of Administration of the Russian-
American Company. Written from St. Petersburg, April 2, 1824.
ON tbe subject of your representions, under
No. 73 of 11th February of this year, concerning
the permission to foreign vessels of entering the
harbor of New Archangel for the purpose of
trading with the Chief Manager of the Russian-
American Colonies for such necessaries as he may
be in want of, I have received a communication
from the Minister of Foreign Affairs.
Count Karl Vassilievitch has been pleased to
inform me that he has submitted the matter to
His Majesty the Emperor, and that His Majesty,
finding that the solicitations on the part of the
Board of Administration of the Ruesian-American
Company concerning the renewal of intercourse
with foreigners in the Colonies were deserving of
attention, has most graciously ordained that intercourse   and   trade   with  foreign   ships   in   the
No. 11.
Letter from the Minister of Finance [Department
of Manufactures and Internal Trade) to the
Board of Administration of the Russian-
American Company. Written from St. Petersburg, April 2, 1824.
I HAVE had a communication from the
Minister in charge of the Ministry of Foreign
Affairs in regard to the representation made by the
Board of Administration, dated the 11th February,
1824, No. 73, concerning the permission to foreign
vessels to enter the harbour of New Archangel
for the purpose of trading wdth the Chief Manager
of the Russian-American Company only, in order
to procure articles which are absolutely necessary.
Count Karl Vasilevitch has informed me that
he has made a Report on this subject to His
Majesty the Emperor, and "that His Majesty,
finding that the reasons which induced the Board
of Administration of the Russian-American
Company to desire the renewal of the trade which
formerly existed in our Colonies with foreigners
are deserving of consideration, has been pleased
to command that the carrying on of trade \i ith 28
!   11
Original Translation.
Colonies may be carried on under established
Regulations, and in one port designated for the
purpose.
Informing you of this gracious permission on
the part of His Majesty the Emperor, I will add
that I am authorized to state that it is the
intention of the proper authorities to designate
Sitka as the one port which foreign vessels will
be permitted to enter for the purpose of trading
with the Company only.
(Signed)    Lieutenant-General KANKRIN,
Minister of Finance.
SERGEI UVAROF,
Director.
Revised Translation.
foreign vessels arriving there be permitted in
accordance with established regulations at one
designated port."
In notifying you of this permission of His
Majesty the Emperor, I suggest that the Board
of Administration, on its part, make the necessary
arrangements to accomplish this object.
(Signed)    Lieutenant-General KANKRIN,
Minister of Finance.
SERGEI UVAROF,
Director.
m\
11
No. 12.
Letter from Count Nesselrode to Nikolas Semeno-
vitch Mordvinof. Written from St. Petersburg,
April U, 1824.
THE communication of your Excellency, dated
20th February of this year, in which you express
your opinion on the subject of the rights of. the
Russian-American Company to control certain
parts of the north-west coast of America, and on
the threatening dispute over the limits of such
rights, I have had the honour to submit to His
Majesty the Emperor. His Majesty, upon receipt
of the communication, most graciously gave it his
immediate and careful attention. His Majesty
was pleased to enter into the subject with the
thoroughness and promptitude which, as your
Excellency is well aware, he bestows upon all
subjects relating to the welfare of Russian subjects, es