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Treaties: United States and Great Britain, January 24, 1903 1 United States and Russia, April 5/17, 1824 8 Great Britain and Russia, February 16/28, 1825 12 Great Britain and Russia, 1843 (extract) 17 Great Britain and Russia, 1859 ( extract ) 17 United States and Russia, March 30, 1867 17 ;nperial Russian ukases: July 8, 1799 _. 23 Septemljer 4, 1821 25 September 13, 1821 26 March 29, 1829 28 October 10^, 1844 29 )iplomatic correspondence : Relating to treaty of 1824 between the United States and Russia 31 Relating to treaty of 1825 between Great Britain and Russia 94 'apers relating to a renewal of the trading privilege granted to tlie United States by the treaty of 1824 232 Notice issued by the United States in 1845 250 'apers relating to Russian occupation up to the cession to the United States in 1867 251 'ajjers relating to the cession and transfer of Alaska to the United States in 1867 324 'apers relating to American occupation : The occupation by the army 345 The occupation by the navy 361 Jurisdiction exercised by judicial authorities 407 Authority exercised. by revenue officers. 447 Schools, census, mines, and control of Indians 479 Post-offices in Southeastern Alaska 496 Visit of Secretary Seward to Alaska 497 The Thlinkit Indians. . .- 501 Appropriation for cession of Alaska 509 Provisions relating to the unorganized Territory 509 Teographical and topographical information relative to southeastern Alaska: Maps and charts 511 Miscellaneous 521 sliscellaueous documents, etc 539 III ^ TREATIES. CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN PROVIDING FOR THE SETTLEMENT OF QUESTIONS BETWEEN THE TWO COUNTRIES WITH RESPECT TO THE BOUNDARY LINE BETWEEN THE TERRITORY OF ALASKA AND THE BRITISH POSSESSIONS IN NORTH AMERICA. [Signed at Washington Jannarv 24, 1903. Ratification advised bv tlie Senate February 11, 1903. Ratified bv the President February 24, 1903. Ratified by Great Britain February IG, 1903. Ratifica- tions exchanged at Washington March 3, 1903. Proclaimed March 3, 1903.] By the President of the United States of America. A PROCLAMATION. Whereas a Convention between the United States of America and Great Britain providing- for the settlement of questions between the two countries with respect to the boundary line between the territory of Alaska and the British possessions in North America, was concluded and signed by their respective Plenipotentiaries at Washington, on the twentj^-fourth day of January, one thousand nine hundred and three, the original of which Convention is word for word as follows: The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, equall}* desirous for the friendU^ and final adjustment of the differences which exist between them in respect to the true meaning and application of certain clauses of the convention between Great Britain and Russia, signed under date of Februaiy 28/16, A. D. 1825, which clauses relate to the delimitation of the boundary line between the territory of Alaska, now a posses.sion of the United States, and the British posses- sions in North America, have resolved to provide for the submission of the questions as hereinafter stated to a tribunal, and to that end have appointed their respective plenipotentiaries as follows: The President of the United States of America, John Hay, Secre- tary of State of the United States; and His Britannic Majesty, the Right Honorable Sir Michael H. Her- bert, K. C. M. G., C. B., His Britannic Majesty's Ambassador Extraor- dinary and Plenipotentiary; Who, after an exchange of their full powers which were found to be in good and due form, have agreed upon the following articles: Article I. A tribunal shall be immediately appointed to consider and decide the questions set forth in Article IV of this convention. The tribunal 21528—03 8 1 ^A TREATIES. shall consist of six impartial jurists of repute who shall consider judi- ciall}^ the questions submitted to them, each of whom shall tirst sub- scribe an oath that he will impartially consider the arg-uments and evidence presented to the tril)unal and will decide thereupon according to his true judg-ment. Three meml)ers of the tri])unal shall be appointed h\ the President of the United States, and three by His Britannic Majesty. All (luestions considered by the tribunal, includ- ing the final award, shall be decided by a majority of all the members thereof. In case of the refusal to act, or of the death, incapacity or al)sten- tion from service of any of the persons so appointed, another impar- tial jurist of repute shall be forthwith appointed in his place by the same authority which appointed his predecessor. The tribunal may appoint a secretary and a bailiff to perform such duties as the}^ may prescribe, and ma}' employ scientific experts if found to be necessary, and may tix a reasonable compensation for such officers. The tribunal shall keep an accurate record of all its proceedings. Each of the High Contracting Parties shall make compensation for the services of the members of the tribunal of its own appointment and of an}' agent, counsel, or other person employed in its behalf, and shall pay all costs incurred in the preparation of its case. All expenses reasonably incurred by the tribunal in the performance of its duties shall l)e paid by the respective governments in equal moieties. The tribunal may, subject to the provisions of this convention, establish all proper rules for the regulation of its proceedings. Article II. P2ach of the High Contracting Parties shall also name one person to attend the tribunal as its agent. The written or printed case of each of the two parties, accompanied by the documents, the official correspondence and all other e^•idence in writing or print on which each party relies, shall be delivered in duplicate to each member of the tribunal and to the agent of the other party as soon as may be after the organization of the tribunal, but within a period not exceeding two months from the date of the exchange of ratitications of this convention. Within two months after the delivery on both sides of the written or printed case, either party may, in like manner, deliver in duplicate to each member of the tribunal, and to the agent of the other party, a counter-case and additional documents, correspondence and evidence in reply to the case, documents, correspondence and evidence so pre- sented by the other party. The tribunal may, however, extend this last mentioned period when in their judgment it becomes necessary by reason of special difficulties which may arise in the procuring of such additional papers and evidence. If in the case submitted to the tribunal either party shall have speci- fied or referred to any report or document in its own exclusive pos- session without annexing a copy, such party shall be bound, if the other party shall demand it, wnthin thirty days after the delivery of the case, to furnish to the party applying'for it a duly certified copy BOUND AEY TREATY OF 1903. 3 « thereof; and either party may call upon the other, through the tri- bunal, to produce the original or certified copies of any papers adduced as evidence, giving- in each instance such reasonable notice as the tri- bunal may require; and the original or copy so requested shall be delivered as soon as may be and within a period not exceeding fort}' dajH after receipt of notice. Each party may present to the tribunal all pertinent evidence, docu- mentary, historical, geographical, or topographical, including maps and charts, in its possession or control and applicable to the rightful decision of the questions submitted; and if it appears to the tribunal that there is e\'idence pertinent to the case in the possession of either party, and which has not been produced, the tribunal may in its dis- cretion order the production of the same b}- the party having- control thereof. It shall be the duty of each part}^ through its agent or coimsel, within two months from the expiration of the time limited for the delivery of the counter-case on both sides, to deliver in duplicate to each member of the said tribunal and to the agent of the other party a written or printed argument showing the points and referring- to the evidence upon which his Government relies, and either party may also support the same before the tribunal by oral arg-ument of coun- sel. The tribunal may, if the}^ shall deem further elucidation- with regard to any point necessary, require from either party a written, printed, or oral statement or argument upon the point; but in such case the other party shall have the right to reply thereto. Article III. It is agreed by the Hig-h Contracting Parties that the tribunal shall consider in the settlement of the questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of 28 16 February, A. D. 1825, and between the United States of America and the Em- peror of All the Russias concluded under date of March 30/18, A. D. 18(57; and particularly the Articles III, IV, V, of the tirst mentioned treaty, which in the original text are word for word as follows: "La ligne de demarcation entre les Possessions des Hautes Parties Contractantes sur la Cote du Continent et les lies de FAmerique Nord- Ouest, sera tracee ainsi qull suit: ''A partir du Point le plus meridional de I'lle dite Pi'ince of in//t?y, lequel Point se trouve sous la parallele du 54me degre 40 minutes de latitude Nord, et entre le 131me et 133me degre de longitude Ouest (]SIeridien de Greenwich), la dite ligne remontera au Nord le long de la passe dite Portland Channel., jusqu'au Point de la terre ferme ou elle atteint le 56me degre latitude Nord; de ce dernier point la ligne de demarcation suivra la crete des montagnes situees parallelement a la Cote, jusqu'au point d'intersection du 1-tlme degre de longitude Ouest (meme Meridien; et finalement, du dit point d'intersection, la meme ligne meridienne du l-tlme degre formera, dans son prolonge- ment jusquTi la Mer Glaciale. la limite entre les Possessions Russes et Britanniques sur le Continent de I'Amerique Nord-Ouest." 4 TREATIES. "II est entendu, par rapport a la ligne de demarcation deterininee dan« TArticle precedent; ''1. Que risle dite Fi-hice of Wales appartiendra toute entiere a la Russie. "^. Que ]:)artoute ou la crete des montagnes qui s'ete'ndent dans une direction parallele a la Cote depuis le o6me degre de latitude Nord au point dMntersection du 141rae degre de longitude Quest, se trouveroit a la distance de plus de dix lieues marines de TOcean, la limite entre les Possessions Britannicjues et la lisiere de Cote raentionnee ci-dessus comme devant appartenir a la Russie, sera formee par une ligne paral- lele aux sinuosites de la Cote, et qui ne pourra jamais en etre eloi- gnee que de dix lieues marines." V. "II est convenu en outre, que nul Ktablissement ne sera forme par I'une des deux Parties dans les limites que les deux Articles precedens assignent aux Possessions de I'Autre. P^n consequence, les Sujets Bri- tanniques ne formeront aucun Etablissement soit sur la Cote, soit sur la lisiere de terre ferme comprise dans les limites des Possessions Russes, telles qu'elles sont designees dans les deux Articles precedens; et, de meme, nul Etablissement ne sera forme par des Sujets Russes au dela des dites limites." The tribunal shall also take into consideration any action of the sev- eral governments or of their respective representatives preliminarj^ or subsequent to the conclusion of said treaties so far as the same tends to show the original and effective understanding of the parties in respect to the limits of their several territorial jurisdictions under and b}" virtue of the provisions of said treaties. Article IV. Referring to Articles III, IV, and V of the said treat}^ of 1825 the said ti'ibunal shall answer and decide the following questions: — 1. What is intended as the point of commencement of the line? '2. What channel is the Portland Channell' 3. ^Vllat course should the line take from the point of commence- ment to the entrance to Portland Channel? 4. To what point on the 56th parallel is the line to be drawn from the head of the Portland Channel, and what course should it follow between these points? 5. In extending the line of demarcation northward from said point on the parallel of the 56th degree of North latitude, following the crest of the mountains situated parallel to the coast until its intersection with the 141st degree of longitude west of Greenwich, sul)ject to the condition that if such line should anyw^here exceed the distance of ten marine leagues from the ocean then the boundary between the British and the Russian territory should be formed by a line parallel to the sinuosities of the coast and distant therefrom not more than ten marine leagues, was it the intention and meaning of said convention of 1825 that there should remain in the exclusive possession of Russia a con- BOUNDARY TREATY OF 1903. 5 tinuous fringe or strip of coast on the mainland, not exceeding ten marine leagues in width, separating the British Possessions from the bays, ports, inlets, havens, and waters of the ocean, and extending from the said point on the oOth degree of latitude north to a point where such line of demarcation should intersect the IJ-lst degree of longitude west of the Meridian of Greenwich? 0. If the foi'egoing question should be answered in the negative, and in the event of the summit of such mountains proving to be in places more than ten marine leagues from the coast, should the width of the lisiere which was to belong to Russia be measured (1) from the main- land coast of the ocean, strictly so-called, along a line perpendicular thereto, or (2) was it the intention and meaning of the said convention that where the mainland coast is indented by deep inlets, forming part of the territorial waters of Russia, the width of the lisiere was to be measured (a) from the line of the general direction of the mainland coast, or (b) from the line separating the waters of the ocean from the territorial waters of Russia, or (c) from the heads of the aforesaid inlets 'i 7. What, if any exist, are the mountains referred to as situated parallel to the coast, which mountains, when within ten marine leagues from the coast, are declared to form the eastern boundary ? Article V. The tribunal shall assemble for their tirst meeting at London as soon as practicable after receiving their commissions; and shall themselves fix the times and places of all subsequent meetings. The decision of the tribunal shall be made as soon as possible after the conclusion of the arguments in the case, and within three months thereafter, unless the President of the United States and His Britannic Majest}" shall by common accord extend the time therefor. The deci- sion shall be made in writing, and dated, and shall ])e sio-ned by the members of the tribunal assenting to the same. It shall be signed in duplicate, one copy whereof shall be given to the agent of the Cnited States of America for his government, and the other to the agent of His Britannic Majesty for his government. Article VI. When the High Contracting Parties shall have received the decision of the tribunal upon the questions submitted as provided in the fore- going articles, which decision shall be final and binding upon all parties, they will at once appoint, each on Its own behalf, one or more scientific experts who shall with all convenient speed proceed together to lay down the boundary line, in conformity with such decision. Should there be, unfortunately, a failure by a majority of the tri- bunal to agree upon any of the points submitted for their decision, it shall be their duty to so report in writing to the respective govern- ments through their respective agents. Should there be an agreement by a majority upon a part of the questions submitted, it shall be their duty to sign and report their decision upon the points of such agree- ment in the manner hereinbefore prescribed. b TREATIES. Article VII. The present Convention shall be ratified by the President of the United States, b}" and with the advice and consent of the Senate, and l)y His Britannic Majesty, and the ratifications shall be exchanged in Washington or in London so soon as the same may be effected. In faith whereof we, the respective plenipotentiaries, have signed this Convention and have hereunto aflSxed our seals. Done at Washington, in duplicate, this 24th day of Januarv, A. D. 1903. John Hay [seal. J Michael H. Herbert [seal.] And whereas the said Convention has been dul}' ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the third day of March, one thousand nine hundred and three; Now, therefore, be it known that I, Theodore Roosevelt, Presi- dent of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. Done at the City of W^ashington, this third day of March, in the year of our Lord one thousand nine hundred and three, and [seal] of the Independence of the United States the one hundred and tw^enty-seventh. Theodore Roosevelt By the President: John Hay, Secretary of State. translation of the passages in the FRENCH LANGUAGE CONTAINED IN ARTICLE III OF THE CONVENTION BETAVEEN THE UNITED STATES AND GREAT BRITAIN, SIGNED JANUARY 24, 1903, SUBMITTED TO THE SENATE OF THE UNITED STATES BEFORE RATIFICATION. The line of demarcation between the possessions of the high con- tracting parties upon the coast of the continent and the islands of the Northwest America shall be traced as follows: Starting from the southernmost point of the island called Prince of Wales, which point is situated on the parallel of 54 degrees 40 minutes of north latitude and between the 131st and 133d degree of west longi- tude (meridian of Greenwich), the said line shall ascend northward along the passage called Portland Channel as far as the point of the mainland, where it [the line] " reaches the 5()th degree of north latitude; from this latter point the line of demarcation shall follow the crest of the mountains situated parallel to the coast as far as the point of inter- section of the '141st degree of west longitude (same meridian); and « French elk, tKe governing antecedent being la ligne, which is the subject of the sentence. If reference to la jjasse, wliich is a detail of the sentence, had been intended, French grammatical usage would have recjuired its express designation as celle-ci — the latter. BOUNDARY TREATY OF 1903, 7 finally, from said ]ioint of intersection the same meridian line of the 14:1st deg-ree shall form, in its extension as far as the Arctic Ocean/' the boundar^^ between the Russian and British possessions upon the conti- nent of Northwest America. IV. It is understood with regard to the line of demarcation fixed in the preceding- article — 1. That the island called Prince of WaJc-s shall belong wholl_y to Russia. 2. That wherever the qrest of the mountains which stretch in a direc- tion parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude may lie at the distance of more than ten marine leagues from the ocean the boundary between the British possessions and the coast strip ^' men- tioned above as having to belong to Russia shall be formed ])y a line parallel to the sinuosities of the coast, and which can in no case be more distant thei'efrom than ten leagues. V. It is moreover agreed that no establishment sha'll -be formed by either of the two parties within the limits which the two preceding- articles assign to the possessions of the other. Consequently British subjects shall not form any establishment either upon the coast or upon the mainland strip'' comprised within the limits of the Russian possessions as they are designated in the two preceding- articles, and in like wise no establishment shall be formed b}- the Russian subjects beyond the said limits. LITERAL TRANSLATION OF ARTICLES III AND IV OF THE RUSSIAN TEXT OF THE TREATY BETAVEEX GREAT BRITAIN AND RUSSIA OF FEBRUARY 28 16, 1825, AS CERTIFIED BY THE RUSSIAN FOREIGN OFFICE."' III. The line of limit-separation between the possessions of the High negotiating" sides upon the shore of solid land and upon the islands of Northwest America shall be drawn out in the following manner: Beginning from the very southern part of the island, named Prince e>f. TrrtA'.s', which point finds itself under 54 degree 40 minutes of north latitude and between 131 and 133 degree of west longitude (counting from Greenwich meridian), the above-mentioned line stretches itself through to the north lengthwise by the inlet, called Porthaul Canal up to that point of solid land where she [the line, not the inletj touches the 56 degree of north latitude. Thence the line of limit-separation shall follow the backbone of the mountains spread out in a parallel direction with the shore up to the point of cutting across upon the 141 « French, mer glaciale — frozen ocean. &In French, fa lisiere de cote. The word ''Hsiere" means Hterally ''selvedge," and by use any border or edging strip. f In French, la lisiere de terre ferme, lisiere de cote. In both these phrases the qualification of lisiere is adjectival, not particular, as treated in the English transla- tion of 1825. They mean "coastwise strip" or "coast strip" and "mainland strip," respectively, not "line of tJte coast" or "lisiere of tlie continent," as translated by the British foreign office. «' The Russian text, of which the alcove is a translation, will be found facing page 8. 8 TREATIES. degree of west lono-itude (from the same meridian), and, finally, from this point of cuttini»-aoross the same meridinal line of 141 degree com- poses in its continuation up to the Frozen sea, the boundary between the Russian and of Great Britain possessions on the solid land of Northwest America. IV. In relation to the line of limit-separation, defined in the preced- ing article, it is understood: 1. That the island, named Prince of Wales^ shall belong to Russia entire without exception. 2. That everywhere, where the backbone of the mountains stretches out in a jmi-aliel direction with the shore from 56 degree of north latitude up to the point of cutting-across under 141 degree of west longitude, shall stand away farther than ten marine miles from the Ocean the boundary lietween the Great Britain possessions and the above-designated shore as being necessary to l)elong to Russia, shall be drawn out by a parallel line with the crookedness (KpuBii.tiiaMii) of the shore and cannot go farther than ten naval miles from it. TREATY BETWEEN THE UNITED STATES AND RUSSIA RELATIVE TO NAVIGATION, FISHING, AND TRADING IN THE PACIFIC OCEAN AND TO ESTABLISHMENTS ON THE NORTHWEST COAST, CONCLUDED APRIL 5 17, 1824 Au Nom de la tres Sainte et Indivisible Trinite: Le President des Etats-Unis d'Amerique, et Sa Majeste FEmpereur de toutes les Russies, voulant cimenter les liens d'amaitie qui les unis- sent et assurer entre eux le maintien invariable d'un parfait accord, moyennant la presente Convention, ont nomme pour Leurs Plenipoten- tiaires ti cet efl'et, savoir: le President des Etats-Unis d'Amerique, le Sieur Henr}^ Middleton, Citoyen des dits Etats, et Leur Envoye Ex- traordinaire et Ministre Plenipotentiaire pres Sa Majeste Imperiale: et Sa Majeste TEmpereur de toutes les Russies, Ses ames et feaux les Sieurs Charles Ro))ert Compte de Nesselrode, Conseiller Prive actuel, Membre du Conseil d'Etat, Secretaire d'Etat Dirigeant le Ministere des afl'aires etrangeres, Chambellan actuel. Chevalier de Tordre de St. Alex- andre Nevskj' , Grand Croix de Tordre de St. Wladmir de la l'" classe, Chevalier de celui de Faigle blanc de Pologne, Grand Croix de Tordre de St. Etienne de Hongrie, Chevalier des ordres du St. Esprit et de St. Michel et Grand Croix de celui de la Legion d'Honneur de France, Chevalier Grand Croix des ordes de TAigle noir et de TAigle rouge de Prusse, de TAnnonciade de Sardaigne, de Charles III d'Espagne, de St. Ferdinand et du merite de Naples, de TElephat de Danemarc, de FEtoile Polaire de Suede, de la Couronne de Wurtemberg, des Guelphes de Hanovre, du Lion Beige, de la Fidelite de Bade, et de St. Constantin de Parme, et Pierre de Poletica, Conseiller d'Etat actuel, Chevalier de Tordre de Ste. Anne de la 1''' classe, et Grand Croix de Fordre de St. Wladmir de la seconde; lesquels apres avoir echange leurs pleins-pou- voirs, trouves en bonne et due forme, ont arrete et signe les stipula- tions suivantes. Article Premier. II est convenu que dans aucune partie du Grand Ocean, appele com- munement Ocean Pacitique on Mer du Sud, les Citoyens ou Sujets re- <2A-x/ ^^MT a^t.c^Mr c^ .6(1 <2^^ ^/a. ^/^M^y^i/ ^y?yz6?y7ty;^ -u^ .^yye-'^^y /J/u //J z/;cfiffye/^eA/y> jiX/M<^/^oz/ yi?.i2^rr7^/^ /erty/yrocf^i^ ^?n/6 ^^/? z/ /y^^y'ccyfa^^> tU^zy/ayyyyyy^-A tP6'^^ ^/^/e/z2/ ifg^oc^6 yzj9 7t/^e^z/6jy ^ i^^/YJ^y^y^-^^^^^^ /n/e/iaoiy^ Jf<-yey.y^^^^ /^/^ /?y^y/ -/^'y/ryK<-yrt/^.Ay6^y^/r7j6 rtz> ^^J^/l t>J7e^fy/ Uj/7'^> ^ /7/7/je/77y7yr(y/rj/^{iya'y^-'Oi^ ^zyy /7at^ttey70Ayyy^7/y? /ya77Ar7'/e77'/yyyy- e'^ ^^^/^^ .Jc^/ia^//07y 777?e.7c07?7y^i' /^/77yt y7w?y-J>fr^ e^y^tiC-- ^^y^yyj. /^ //ryA' ^ /^/^ t:r/zey)^/yzf!i ?^^ ^^?^<^ e/ZjYe/zyyy>zy zzz^zA^z/izyzy^zz z/zz?^y/ec /z/?ycy^j'^€yyzjz zzy>y/y^ /-r/ zJizzzTe/^oay^ Jzzzz^Ty zYo^z^ C^^e^Zzo/776/ ^ y^zzzz^/yzo.'Zy^zy; z^I^yy^z'^ Z7// ^f/yzz^7yjzyz.^^^zz^z^ ^JyrZ7z/^z7yj/z7zzzzzrzzc/iZy 7Z^y zz o/^/zj^/z^ Oj/^zyyzzzzz^ z/6Zei/Vj z^f/zz'zac7y'6 ,^z/zz7 z/z>^zzhryyzzrz7Z^7yj . zy{7Zryyy6 zzAyy /zzyy/e zye^yzz/^ zz: 'j^^^^r^z^ /^7y)/Ye^ y^y/rz zwy/'yzz7'6 z/a/zy^e/eZfet/^zzyfpz? Y^zyroop-o fYj /^zzz6z/jzyz/.zyzz c^ezyjc u zyy ^zyzz^/y^zrea i/^z/zz/^ z/y/fZz/je y/zz'.'zz/Zfy f'UZ7/z<*yfZZc'y^ ^/zzzye^^ Z?z/f/Zj zyyzyZzo - ^ UNITED STATES AND EUSSIA, 1824. ^ spectifs des hautes Puissances contractantes ne seront ni troubles, ni g-enes, soit dans la navigation, soit dans Fexploitation de la peche, soit dans la faculte d'aborder aux cotes sur des points qui ne seroient pas deja occupes, atin d;y faire le commerce avec les Indigenes, sauf toute- f ois les restrictions et conditions determinees par les articles qui suivent. Article Deuxieme, Dans la vue d'empeclier que les droits de navigation et de peche exerces sur le grand Ocean par les Citoj^ens et Sujets des hautes Puis- sances contractantes ne deviennent le pretexte d'un commerce illicite, il est convenu que les Citoyens des Etats Unis n'aborderont a aucun point ou il se trouve un etablissement Russe, sans la permission du Gouverneur ou Commandant; et que reciproquement les Sujets Kusses ne pourront aborder sans permission a aucun etablissement des Etats- Unis sur la Cote nord-ouest. Article Troisieme. II est convenu en outre, que dorenavant il ne pourra etre forme par les Citovens des Etats-Unis, ou sous Fautorite des dits Etats, aucun establissement sur la Cote nord ouest d'Amerique, ni dans aucune des lies adjacentes au Nord du cinquante quatrieme degre et quarante mi- nutes de latitude septentrionale; et que de meme il n'en pourra etre forme ancim par des Sujets Russes, ou sous Fautorite de la Russie, au Sud de la meme parallele. Article Quatrieme. II est neanmoins entendu que pendant un terme de dix annees a comp- ter de la signature de la presente Convention, les Vaisseaux des deux Puissances, ou qui appartiendraient a leurs Citoyens ou Sujets respec- tifs, pourront reciproquement frequenter sans entrave quelconque, les mers interieures, les golfes, havres et criques sur la Cote mentionnee dans Farticle precedent, atin d;v faire la peche et le commerce avec les naturels du paj-s. Article Cinquieme. Sont toutefois exceptees de ce meme commerce accorde par Farticle precedent, toutes les liqueurs spiritueuses, les amies a feu, amies blances, poudre et munitions de guerre de toute espece, que les deux Puissances s'engagent reciproquement a ne pas vendre, ni laisser ven- dre aux Indigenes par leurs Citoyens et Sujets respectifs, ni par aucun individu qui se trouveroit sous leur autorite. II est egalement stipule que cette restriction ne pourra jamais servir de pretexte ni etre alle- guee dans aucun cas, pour autoriser soit la visite ou la detention des Vaisseaux, soit la saisie de la marchandise, soit entin des mesures quel- conques de contrainte envers les armateurs ou les equipages qui feraient ce commerce; les hautes Puissances contractantes s'etant reci- proquement reserve de statuer sur les peines a encourir, et dinfliger les amendes encourues en cas de contravention a cet article par leurs Citoyens ou Sujets respectifs. 10 TREATIES. Article Sixieme. Lorsquo cctto Convention aura ote duenient ratitioe par lo Pre.sident des P^tats Unis de VhxIh et du eonsentcnient du Senat, dime part, et de Tautre par Sa Majeste TEnipereur de toutes les Russies, les ratifica- tions en seront echangees a Washington dans le delai de dix mois de la date ci-dessoiis ou plutot si faire se pent. En foi de quoi les Plenipotentiaires respectifs Pont signee, et y ont fait apposer les cachets de leurs amies. Fait a St. Petersbourg- le yy Avril de Pan de grace mil huit cent vingt quatre. [seal.] Henry Middleton. [seal.] Le ('omte Charles de Nesselrode. [seal.] Pierre de Poletica. [Translation.] In the name of the Most H0I3' and Indiv isible Trinity. The President of the United States of America and His Majesty the Emperor of all the Russias, wishing to cement the bonds of amity which unite them, and to secure between them the invariable mainte- nance of a perfect concord, by means of the present convention, have named as their Plenipotentiaries to this effect, to wit: The President of the United States of America, Henry ^Vliddleton, a citizen of said States, and their Envoy Extraordinary and Minister Plenipotentiary near his Imperial Majesty; and His Majesty the Em- peror of all the Russias, his 1)eIoved and faithful Charles Robert Count of Nesselrode, actual Priv}^ Counsellor, Member of the Council of State, Secretary of State directing the administration of Foreign Affairs, actual Chamberlain, Knight of the Order of St. Alexander Nevsky, Grand Cross of the Order of St. Wladimirof the first class. Knight of that of the White Eagle of Poland, Grand Cross of the Order of St. Stephen of Hungary, Knight of the Orders of the Holy Ghost and St. Michael, and Grand Cross of the Legion of Honor of France, Knight Grand Cross of the Orders of the Black and of the Red Eagle of Prus- sia, of the Annunciation of Sardinia, of Charles III of Spain, of St. Ferdinand and of Merit of Naples, of the Elephant of Denmark, of the Polar Star of Sweden, of the Crown of Wiirtemberg, of the Guelphs of Hanover, of the Belgic Lion, of Fidelity of Baden, and of St. Con- stantine of Parma; and Pierre de Poletica, actual CJounsellor of State, Knight of the Order of St. Anne of the first class, and Grand Cross of the Order of St. Wladimir of the second; Who, after having exchanged their full powers, found in good and due form have agreed upon and signed the following stipulations: Article I. It is agreed that, in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea. the respective citizens or subjects of the high contracting Powers shall be neither disturbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving alwaj's the restrictions and conditions determined l)y the following articles. UNITED STATES AND KUSSIA, 1824. 11 Article II. With a view of preventing the rights of navigation and of fishing exercised upon the Great Ocean by the citizens and subjects of the high contracting Powers from •becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to an}" point where there is a Russian establishment, without the permis- sion of the governor or commander; and that, recipi'ocally, the subjects of Russia shall not resort, without permission, to any establishment of the United States upon the Northwest coast. Article III. It is moreover agreed that, hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said States, any establishment upon the northwest coast of America, nor in any of the islands adjacent, to the north of lif ty-four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none formed by Russian subjects, or. under the authority of Russia, south of the same parallel. Article IV. It is, nevertheless, understood that during a term of ten years, count- ing from the signature of the present convention, the ships of both Powers, or which belong to their citizens or subjects respectively, may reciprocally frequent, without any hindrance whatever, the interior seas^ gulfs, harbors, and creeks, upon the coast mentioned in the preceding- article, for the purpose of fishing and trading with the natives of the country. Article V. All spirituous liquoi's, fire-arms, other arms, powder, and munitions of war of every kind, are- always excepted from this same commerce permitted by the preceding article; and the two Powers engage, recip- rocally, neither to sell, nor suffer them to be sold, to the natives by their respective citizens and subjects, nor by any person who may be under their authorit3\ It is likewise stipulated that this restriction shall never afford a pretext, nor be advanced, in any case, to authorize either search or detention of the vessels, seizure of the merchandise, or, in fine, any measures of constraint whatever towards the merchants or the crews who may carry on this commerce; the high contracting Powers reciprocally reserving to themselves to determine upon the pen- alties to be incurred, and to inflict the punishments in case of the con- travention of this article by their respective citizens or subjects. Article VI. When this convention shall have been duly ratifled b}- the President of the United States, with the advice and consent of the Senate, on the one part, and, on the other, by His Majesty the Emperor of all the Rus- sias, the ratiffcations shall be exchanged at Washington in the space of ten months from the date below, or sooner if possible. 12 TKEATIES. In faith whereof the respective Plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at St. Petersburg- the 17 5 April, of the year of Grace one thousand eight hundred and twenty-four. [seal.] Henry Middleton. [seal.] Le Comte Charles de Nesselkode. [seal.] Pierre de Poletica. TREATY BETWEEN GREAT BRITAIN AND RUSSIA, SIGNED AT ST. PETERSBURG FEBRUARY 16 28, 1825. Au Nom de la Tres Sainte et Indivisible Trinite. Sa Majeste le Roi du Royauiue Uni de la Grande Bretagne et de rirlande, et Sa Majeste TEmpereur de toutes les Russies, desirant res- serrer les liens de bonne intelligence et d'amitie qui les unissent, au moyen d'un accord qui reglerait; d'apres le principe des convenances reciproques, divers points relat'ifs au Commerce, a la Navigation, etaux Pecheries de leurs Sujets sur I'Ocean Pacilique, ainsi que les limites de leurs Possessions respectives sur la Cote Nord-ouest de I'Amerique, ont nomme des Plenipotentiaires pour conclure une Convention a cet eflet, savoir; — Sa Majeste le Roi du Royaume Uni de La Grande Bre- tagne et de rirlande, le Tres Honorable Stratford Canning, Conseiller de Sa dite Majeste en Son Conseil Prive, &c. Et Sa Majeste I'Empe- reur de toutes les Russies, le Sieur Charles Robert Comte de Nessel- rode. Son Conseiller Prive actuel, Membre du Conseil de TEmpire, Se- cretaire d'Etat dirigeant le Ministere des Affaires Etrangeres, &c. ; et le Sieur Pierre de Poletica, Son Conseiller d'Etat actuel, &c. Lesquels Plenipotentiaires, apres s'etre communique leurs Plein-pouvoirs respec- tifs, trouves en bonne et due forme, ont arrete et signe les Articles suivans: — I. II est convenu que dans aucune partie du Grand Ocean, appele communement Ocean Pacifique, les Sujets respectifs des Hautes Puis- sances Contractantes ne seront ni troubles, ni genes, soit dans la naviga- tion, soit dans Texploitation de la peche, soit dans la faculte d'aborder aux Cotes, sur des Points qui ne seraient pas deja occupes, atin d'y faire le commerce avec les Indigenes, sauf toutefois les restrictions et conditions determinees par les Articles qui suivent. II. Dans la vue d'empecher que les droits de navigation et de peche exerces sur le Grand Ocean par les Sujets des Hautes Parties Con- tractantes, ne deviennent le pretexte d'un commerce illicite, il est con- venu que les Sujets de Sa Majeste Britannique n'aborderont a aucun Point oil il se trouve un Etablissement Russe, sans la permission du Gouverneur ou Commandant, et que, reciproquement, les Sujets Russes ne pourront aborder, sans permission, a aucun Etablissement Bri- tannique, sur la Cote Nord-ouest. III. La ligne de demarcation entre les Possessions des Hautes Par- ties Contractantes sur la Cote du Continent et les lies de TAmerique Nord-ouest, sera tracee ainsi quMl suit: — A partir du Point le plus meridional de I'lle dite Prince of Wales, lequel Point se trouve sous la parallele du 54""' degre 40 minutes de latitude Nord, et entre le 131™" et le ISS""^ degre de longitude Ouest GREAT BRITAIN AND RUSSIA, 1825. 13 (Meridien de Greenwich), la dite lio-ne remontera an Xord de long de la pa-sse dite Portland Channel, jusqu'au Point de la terre ferme ou elle atteint le 56'"" deore de latitude Nord: de ce dernier point la ligne de demarcation suivra la crete des montagnes situees parallelement a la Cote, jusqu'au point d'intersection du 141'"" degre de longitude Ouest (meme Meridien); et, tinalement, du dit point d'intersection, la meme ligne meridienne du 141'"" degre formera, clans son prolong-ement jusqu'a la mer Glaciale, la limite entre les Possessions Pusses et Britanniques sur le Continent de rAmeric[ue Nord-ouest. IV. II est entendu, par rapport' a la ligne de demarcation determinee dans I' Article precedent: 1°. Que Tile dite Prince of Wales appartiendra toute entiere a la Russie : 2°. ■ Que partout ou la crete des montagues qui s'etendent da-ns une direction parallele a la Cote depuis le 56"'" degre de latitude Nord au point d'intersection du 111"'" degre de longitude Ouest, se trouverait a la distance de plus de dix lieues marines de TOcean. la limite entre les Possessions Britanniques et la lisiere de Cote mentionnee ci-dessus commedevant appartenir a La Russie, sera formee par une ligne paral- lele aux sinuosites de la Cote, et qui ne pourra jamais en etre eloignee C[ue de dix lieues marines. V. II est convenu en outre, que nul Etablissement ne sera forme par Tune des deux Parties dans les limites que les deux Articles precedens assignent aux Possessions de TAutre. En consequence, les Sujets Britanniques ne formeront aucun Etablissement, soit sur la cote, soit sur la lisiere de terre ferme comprise dans les limites des Possessions Russes, telles qu'elles sont designees dans les deux Articles precedens; et de meme, nul Etablissement ne sera forme par des Sujets Russes au dela des dites limites. VI. II est entendu que les Sujets de Sa Majeste Britannique, de quelque Cote quMls arrivent. soit de TOcean, soit de Finterieur du Con- tinent, jouiront il perpetuite du droit de naviguer librement, et sans entrave quelconque, sur tons les ileuves et i-ivieres, qui, dans leurs cours vers la mer Pacitique, traverseront la ligne de demarcation sur la lisiere de la (y)te indiquee. dans I'Article 3. de la presente Conven- iion7 VII. II est aussi entendu que, pendant Tespace de dix Ans, a dater de la signature de cette Convention, les Vaisseaux des deux Puissances, ou ceux appartenans a leurs Sujets respectifs, pourront reciproquement frequenter, sans entrave quelconque, toutes les Mers interieures, les Golfes, Havres, et Criques sur la_(; ;f)tp. mpntiorg xp f jj ans I'Article 3, alin d'y faire la peche et le commerce avec les Indigenes. VIII. Le Port de Sitka, ou Novo Archangelsk. sera ouvert au Com- merce et aux Vaisseaux des Sujets Britanniques durant I'espace de dix ans, a dater de I'echange des Ratifications de cette Convention. Au cas qu'une prolongation de ce terme de dix ans soit accordee a quelque autre Puissance, la meme prolongation sera egalement accordee a La Grande Bretagne. IX. La susdite liberte de commerce ne s'appliquera point au trafic des liqueurs spiritueuses, des armes-a-feu, des amies blanches, de la poudre a canon, ou d'autres munitions de guerre; les Hautes Parties Contractantes s'engageant reciproquement a ne laisser ni vendre, ni livrer, de quelque maniere que ce puisse etre, aux Indigenes du pa3^s, les articles ci-dessus mentionnes. 14 TREATIES. X. Tout Vaisseau Britannique ou Russe naviguant sur TOcean Pa- citique, qui sera force par des teiupete.>s, ou par quelque accident, de se rcfugier dans les Ports des Parties respectives, aura la liherte de s'y radouber, de s'y pourvoir de tous les objets qui lui seront necessaires, et de se remettre en mer, sans payer d'autres Droits que ceux de Port et de Fanaux, lesquels seront pour lui les niemes que pour les Batimens Nationaux. Si, cependant, le Patron d'un tel navire se trouvait dans la necessite de se defaire d'une partie de ses marchandises pour sub- venir a ses depenses, il sera tenu de se confornier aux Ordonnances et aux Tarifs de I'Endroit oii il aura aborde. XI. Dans tous les cas de plaintes relatives a Tinfraction des Articles de la presente Convention, les Autorites Civiles et Militaires des deux Hautes Parties Contractantes, sans se permettre au prealal)le ni voie de fait, ni mesure de force, seront tenues de faire un rapport exact de Faftaire et de ses circonstances a leurs Cours respectives, lesquelles S'engagent a la regler a Tamiable, etd'apres les principes d'une parfaite justice. XII. La presente Convention sera ratifiee, et les Ratifications en seront echangees a Londres, dans I'espace de six semaines, ou plutot si faire se pent. En Foi de quoi les Plenipotentiares respectifs Font signee, et }' ont appose le Cachet de leurs Amies. Fait a St. Petersbourg, le — q*'-- Fevrier. de Tan de Grace mil- huit-cent-vingt-cinq. [l. s.] Stratford Canning. [l. s.] Le CoMTE DE Nesselrode. [l. s.] Pierre de Poletica. [Translation— Hertslet's Commercial and Slave Trade Treaties, Vol. Ill, p. 362.] In the name of the Most Holy and Undivided Trinity. His Majestv the King of the United Kingdom of Great Britain and Ireland, and His Majest}" the Emperor of all the Russias, being desirous of drawing still closer the ties of good understanding and friendship which unite them, by means of an agreement Avhich may settle, upon the basis of reciprocal convenience, dili'erent points connected with the commerce, navigation, and iisheries of their subjects on the Pacific Ocean, as well as the limits of their respective possessions on the North- west coast of America, have named Plenipotentiaries to conclude a convention for this purpose, that is to say: His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honora- ble Stratford Canning, a member of his said Majesty's Most Honorable Privy Council, etc., and His Majesty the Emperor of all the Russias, the Sieur Charles Robert Count de Nesselrode, His Imperial Majesty's Privy Councillor, a member of the Council of the Empire, Secretary of State for the department of Foreign Affairs, etc., and the Sieur Pierre de Poletica, His Imperial Majesty's Councillor of State, etc. Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and signed the following- articles: Art. I. It is agreed that the respective subjects of the high contract- ing Parties shall not be troubled or molested, in an}^ part of the ocean, commonly called the Pacific Ocean, either in navigating the same, in GREAT BRITAIN AND RUSSIA, 1825. 15 fishing therein, or in hmding- at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following articles. II. In order to prevent the right of navigating and fishing, exercised upon the ocean by the subjects of the high cantracting Parties, from becoming the pretext for an illicit commerce, it is agreed that the sub- jects of His Britannic Majesty shall not land at any place where there maj^ be a Russian establishment, without the permission of the Gov- ernor or Commandant; and, on the other hand, that Russian subjects shall not land, without pevmission, at any British establishment, of the Northwest coast. III. The line of demarcation between the possessions of the high con- tracting Parties, upon the coast of the continent, and the islands of America to the North-west, shall be drawn in the manner following: Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 min- utes, north latitude, and between the 131st and the 133d degree of west longitude (Meridian of Greenwich), the said line shall ascend to the north along the channel called Fortlavd Channel as far as the point of the continent where it strikes the 56th degree of north latitude; from this last-mentioned point, the line of demarcation shall follow the sum- mit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st degree of west longitude (of the same merid- ian); and, finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean, shall form the limit between the Russian and British Possessions on the continent of America to the North-west. IV. With reference to the line of demarcation laid down in the pre- ceding article it is understood: First. That the island called Prince of Wales Island shall belong wholly to Russia. Second. That whenever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north lati- tude to the point of intersection of the 141st degree of w^est longitude, shall prove to be at the distance of more than 10 marine leagues from the ocean, the limit between the British Possessions and the line of coast which is to belong to Russia, as above mentioned, shall be formed by a line parallel to the windings of the coast, and which shall never exceed the distance of 10 marine leagues therefrom. V. It is moreover agreed, that no establishment shall be formed by either of the two parties within the limits assigned by the two preced- ing articles to the possessions of the other; consequently, British sub- jects shall not form any establishment either upon the coast, or upon the border of the continent comprised within the limits of the Russian Possessions, as designated in the two preceding articles; and, in like manner, no establishment shall be formed b^' Russian subjects beyond the said limits. VI. It is understood that the subjects of His Britannic Majesty, from whate^•er quarter they may arrive, whether from the ocean, or from the interior of the continent, shall for ever enjoy the right of navigating freely, and without any hindrance whatever, all the rivers and streams 16 TREATIES. which, in their course toward:- demarcation upon the line of coast described in article three of the present convention. VII. It is also understood, that, for the space of 10 years from the sig'nature of the present convention, the vessels of the two Powers, or those belong-ing- to their respective subjects, shall mutually be at lib- erty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and creeks on the coast mentioned in article three for the purposes of fishing and of trading* with the natives. VIII. The port of Sitka, or Novo Arcliang-elsk, shall be open to the conmierce and vessels of British subjects for the space of 10 years from the date of the exchange of the ratifications of the present convention. In the event of an extension of this term of 10 years being granted to any other Power, the like extension shall be granted also to Great Britain. IX. The above-mentioned liberty of commerce shall not apply to the trade in spirituous liquors, in fire-arms, or other arms, gunpowder or other warlike stores; the high contracting Parties reciprocally engag- ing not to permit the above-mentioned articles to be sold or delivered, in any manner whatever, to the natives of the country. X. Every British or Russian vessel navigating the Pacific Ocean, which may be compelled by storms or by accident, to take shelter in the ports of the respective Parties, shall be at liberty to refit therein, to provide itself with all necessary stores, and to put to sea again, with- out paj^ing any other port and light-house dues, which shall be the same as those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his mer- chandise in order to defray his expenses, he shall conform himself to the regulations and tariffs of the place where he may have landed. XI. In every case of complahit on account of an infraction of the articles of the present convention, the civil and militar}- authorities of the high contracting Parties, without previousl}^ acting or taking an}^ forcible measure, shall make an exact and circumstantial report of the matter to their respective courts, who engage to settle the same, in a friendly manner, and according to the principles of justice. XII. The present convention shall be ratified, and the ratification shall be exchanged at London, within the space of six weeks, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at St. Petersburg, the t|th day of Februarv, in the vear of our Lord, 1825. [l. s.] Steatfokd Canninc!. [l. s.] The Count de Nesselrode. [l. s.] Pierre de Poletica. GKEAT BRITAIX AMD RUSSIA, 1843 AND 18a9. l7 EXTRACTS FROM TREATY OF COMMERCE AND NAVIGATION OF 1843, BETWEEN GREAT BRITAIN AND RUSSIA. [For full text, see Hertslet's Commercial and slave Trade Treaties, Vol. VI, p. 702.] w * * * * * * • XII. It i.'^ understood that, in regard to commerce and navig'ation in the Russian possessions on the north-west coast of America, the Convention concluded at St. Petersburg, on the 16 '2S P'ehruary, 1825, continues in force. XV. The present Treaty shall remain in force during- the space of 10 years dating from the exchange of the ratitications thereof: and further, until the expiration of 12 months after either of the High Contracting Parties shall have given notice to the other of its intention to put an end thereto; each of the High Contracting Parties reserving to itself the right of giving such notice to the other at the expiration, of the tirst 9 years: and it is agreed between them, that at the expira- tion of 12 months after such notice shall have been received by either of the High Contracting Parties from the other, the present Treaty, and all the stipulations contained therein, shall cease to be binding on the 2 Parties. EXTRACTS FROM TREATY OF COMMERCE AND. NAVIGATION OF 1859, BETWEEN GRiAT BRITAIN AND RUSSIA. [For full text, see Hertslot's Commercial and Slave Trade Treaties. Vol. X, p. 1057.] * * * * * * * XIX. ^ * ''.''.."' In regard to commerce and navigation in the Russian Possessions on the North-West Coast of America, the Convention concluded at St. Petersburg on the 16th (28th) of February, 1825, shall continue in force. ft * -:> * * -::• * XXII. The present Treaty of Commerce and Navigation shall remain in force for 10 years fromthe date of the exchange of the ratifi- cations; and further, until the expiration of 12 months after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same: each of the High Contracting Parties reserving to itself the right of giving such notice to the other at the expiration of the first 9 years, or at any time afterwards. TREATY CONCERNING THE CESSION OF THE RUSSIAN POSSES- SIONS IN NORTH AMERICA BY HIS MAJESTY THE EMPEROR OF ALL THE RUSSIAS TO THE UNITED STATES OF AMERICA. [Concluded March 30, 1867. Ratified bv the United States May 28, 1867. Exchanged June 20, 1867. Proclaimed by the United States June 20, 1867.] Sa Majeste rErapereur de toutes les Russies et les Etats-Unisd'Ame- rique, desirant raftermir, s'il est possible, la bonne intelligence qui existe entre eux, ont nomme, a cet eflet, pour leurs Plenipotentaires, 21528—03 9 18 TREATIES. savoir: Sa Majeste rEmpereur de toutes les Russies, le ConseillerPrive Edouard de Stoeckl, son Envove Extraordinaire et Ministre Plenipoten- tiaire aux Etats-Unis; et, Le President dcs Etats-Unis, le Sieur William H. Seward, Secretaire d'Etat; Lescjuels, apres avoir echano-e leurs pleins-pouvoirs, troiu es en bonne et due forme, ont arrete et signe les articles suivans: Article I. Sa Majeste TEmpereur de toutes les Russies s'engage, par cette con- vention, a ceder aux Etats-Unis, immediatement apres I'echange des ratitications, tout le territoiro avec droit de Souverainete actuellement possede par Sa ^lajeste sur le continent d'Amerique ainsi que les lies contio-iies, le dit territoire etant comprisdans les limites geographiques ci-dessous indiquees, savoir: la limite orientale est la ligne de demar- cation entre les possessions Russes et Britanniques dans TAmeriquedu Nord, ainsi qu^elle estetablie par la Convention conclue entre la Russie et la (xrande-Bretagne, le || Fevrier 1825, et definie dans les termes suivans des articles 111 et IV de la dite convention: A partir du point le plus meridional de I'ile dite Prince of Wales, lequel point se trouve sous la parallele du 54'"'^ degre 40 minutes de latitude nord, et entre le 131""= et le 133""' degre de longitude ouest (meridien de Greenwich), la dite ligna remon- tera, au Nord le long de la passe dite Portland Channel, jusqu'au point de la terre feraie, oii elle atteint le 56"'^' degre de latitude nord; de ce dernier point la ligne de demarcation suivra la crete des montagnes situees parallelement a la cote jusqu'au point d'intersection du 141""^ degre de longitude ouest (meme meridien); et finale- ment du dit point d'intersection, la meme ligne meridienne du 141""= degre formera, dans son prolongement jusqu'u la mer Glaciale, la limite entre les possessions Russes et Britanniques sur le continent de I'Amerique Nord-Ouest. IV. II est entendu, par rapport a la ligne de demarcation determinee dans I'article precedent: 1°. Que I'ile dite Prince of Wales, appartiendra toute entiere a la Eussie: (mais des ce jour en vertu de cette cession aux Etats-Unis. ) 2". Que partout ou la crete des montagnes qui s'etendent dans une direction pa- rallele a la cote, depuis le 56""= degre de latitude nord au point d'intersection du 441""= degre de longitude ouest se trouverait a la distance de plus de dix lieues marines de I'Oct-an, la limite entre les possessions Britanniques etla lisiere de cote mentionnee o,i-dessus comme devant appartenir a la Russie (c'est-a-dire la limite des possessions oedees par cette Convention) sera formee par une ligne parallele aux sinuosites de la cote et qui ne pourra jamais en etre eloignee que de dix lieues marines. La limite Occidentale des territoires cedes passe par un point au detroit de Behring sous la parallele du soixarite-cinquieme degre trente minutes de latitude Nord a son intersection par le meridien qui separe a distance egale les iles Krusenstern ou Ignalook et File Rat- manow ou Noonarbook et remonte en ligne directe, sans limitation, vers le Nord jusqu'a ce qu'elle se perde dans la mer Glaciale. Com- mencant au meme point de depart, cette limite Occidentale suit de la un cours presque Sud-Ouest, Ji travers le detroit de Behring et la mer de Behring, de maniere a passer a distance egale entre le point Nord- Ouest de I'ile Saint Laurent et le point Sudest du cap Choukotski jusqu'au meridien cent-soixante-douzieme de longitude Ouest; de ce point a partir de Tintersection de ce meridien, cette limite suit une direction Sud-Ouest de maniere a passer a distance egale entre Tile d'Attou et rile Copper du groupe d'ilots Komandorski dans TOcean Pacilifjue Septentrional jusquiiu meridien de cent quatre-vingt-treize degres de longitude Ouest, de maniere a enclaver dans le territoire c(5(lo, toutes les iles Alcoutes situees a I'est de ce meridien. UNITED STATES AND RUSSIA, 1867. 19 Article II. ^ Dans le territoire cede par rarticle precedent a la Souverainete des Etats Unis, sont compris le droit de propriete snr tons les terrains et places publics, terres inoccupees, toutes les constructions publiques, fortitications, casernes et autres edifices qui ne sont pas propriete privee individuelle. II est toutefois entendu et convenu que les eglises con- struites par le Gouvernement Russe sur le territoire cede, resteront la propriete des menibres de I'Eglise Grecque Orientale residant dans ce Territoire et appartenant a ce culte. Tous les archives, papiers, et docuniens du Gouvernement ayant trait au susdit territoire, et qui y sont maintenant deposes, seront places entre les mains de Tag-en, des Etats-Unis; Mais les Etats-Unis fourniront, toujours quand il y aura lieu, des copies leg-alisees de ces documens au Gouvernement Russe, aux ofBciers ou sujets Russes qui pourront en faire la demande. Article III. II est reserve aux hal)itans du territoire cede le choix de g-arder leur nationalite et de rentrer en Russie dans I'espace de trois ans; mais s'ils preferent rester dans le territoire cede, ils seront admis, a I'exception toutefois des tribus sauvages, a jouir de tous les droits, advantages et immunites des citoyens des Etats-Unis, et ils seront maintenus et pro- teges dans le plein exercice de leur liberte, droit de propriete et reli- gion. Les tribus sauvag-es seront assujeties aux lois et reglements que les Etats-Unis pourront adopter, de terns en terns a I'egard des tribus aborigenes de ce paj's. Article IV. Sa Majeste I'Empereur de toutes les Russies nommera, aussitot que possible, un agent ou des agens charg-es de remettre, formellement il Tagent ou aux ag-ens nommes par les Etats-Unis, le territoire, la Sou- verainete, les proprietes, dependances et appartenances ainsi cedes et de dresser tout autre acte qui sera necessaire Ji I'accomplissement de cette transaction. Mais la cession, avec le droit de possession immediate, doit toutefois etre consideree complete et absolue Ji Techang-e des ratifica- tions, sans attendre la remise formelle. Article V. Immediatement apres I'echange des ratifications de cette Convention, les fortifications et les postes militaires qui se trouveront sur le terri- toire cede seront remis a Tagent des Etats-Unis et les troupes Russes qui sont stationnees dans le dit territoire seront retirees dans un terms praticable et qui puisse convenir aux deux parties. Article VI. En consideration de la susdite cession, les Etats-Unis s'engagent a payer a la Tresorerie a Washington, dans le terme de dix mois, apres Techange des ratifications de cette Convention, sept millions deux cent mille dollars en or, au Representant diplomatique ou tout autre agent de Sa Majeste TEmpereur de toutes les Russies dument autorise a re- cevoir cette somme. La cession du Territoire avec droit de Souverainete, 20 TREATIES. faite psircetto Convention, est declaree libre et deg-agec de toutes rejsor- vations, privileges, franchises ou possessions par des compagnies Riisses ou toiite autre; legalenient constitnees ou autrement, ou par des asso- ciations, sauf simplement les proprietaires possedant des biens prives individuels, et la cession ainsi faite transfere tous les droits, franchises et privileges appartenant actuellementa la Russiedans ledit territoire et ses dependances. Article VII. Lorsque cette Convention aura etc dument ratitiee par Sa Majeste I'Empereur de toutes les Russies d'une part, et par le President des Etats-Unis, avec I'avis et le consentement du Senat de Tautre, les rati- fications en seront echangees a AVashington dans le terme de trois mois, a compter du jour de la signature ou plus tot si faire se pent. En foi de quoi les plenipotentiaires respectifs ont signe cette Conven- tion et y ont appose le sceau de leur amies. Fait a Washington le 18-30 jour de Mars de Tan de Notre Seigneur mil-huit-cent soixante-sept. [l. s.] Edouard de Stoeckl. [l. s.] William H. Seward. [Translation.] The United States of America and His Majesty the Emperor of all the Russias, being desirous of strengthening, if possible, the good under- standing which exists between them, have, for that purpose, appointed as their plenipotentiaries: the President of the United States, \Mlliam H. Seward, Secretarv of State; and His Majesty the Emperor of all the Russias, the Privy Counsellor, Edward de Stoeckl, his Envov Exti'aor- dinary and Minister Plenipotentiary to the United States. And the said i)lenipotentiaries having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles: Article I. His Majesty the Emperor of all the Russias agrees to cede to the United States, by this convention, immediately upon the exchange of the ratitit-ations thereof, all the territory and dominion now possessed by his said jNlajesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and the British possessions in North America, as estab- lished by the convention between Russia and Great Britain, in February 28-16, 1825, and described in Articles III and IV of said convention, in the following terms: Commencing from the southernmo.st point of the islaml ealleil Piincc of Wales Island, which point Hes in the parallel of 54 deirrces 40 minutes north latitude, and between the 131st and the 133d degree of west longitude (meridian of (ireenwich), the said line shall ascend to the north along the channel called Portland channel, as far as the point of the continent where it strikes the 56th degree of north latitude; from this last-mentioned point, the line of demarcation shall follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude (of the same meridian); and finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen ocean. UNITED STATES AND KUSSIA, 18ti7. 21 IV. With reference to the Hue of demarcation laid down in the preceding article, it is understood — 1st. That the inland called Prince of Wales Island shall belong wholly to Russia (now, by this cession, to the United States). 2d. That whenever the summit of the mountains which extend in a direction par- allel to the coast from the 56th degree of north latitude to the ])ointof intersection of the 141st degree of west longitude shall prove to be at tlie distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned (that is to say, the limit to the possessions ceded by this convention) shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom. The western limit within which the territories and dominion con- veyed, are contained, passes throiig-h a point in Behring-'s Straits on the parallel of sixty-tive degrees thirt}" minutes north latitude, at its intersection b}^ the meridian which passes midway between the islands of Krusenstern, or Ignalook. and the island of Ratmanoff, or Noonar- book, and proceeds due north, without limitation, into the same Frozen Ocean, The same western limit, beginning at the same initial point, proceeds thence in a course nearly southwest, through Behring's Straits and Beh ring's Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski. to the meridian of one hundred and seventy-two west lon- gitude; thence, from the intersection of that meridian, in a southwest- erly direction, so as to pass midway ])etween the island of Attou and the Copper Island of the Komandorski couplet or group in the North Pacific Ocean, to the meridian of one hundred and ninety-three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian. Article II. In the cession of territory and dominion made by the preceding arti- cle are included the right of property in all public lots and squares, vacant lands, and all public l)uildings, fortitications, barracks, and other editices which are not private individual property. It is. however, understood and agreed, that the churches which have l)een built in the ceded territory by the Russian Government, shall remain the property of such members of the Greek Oriental Church resident in the territoiy, as may choose to worship therein. Any government archives, papers, and documents relative to the territory and dominion aforesaid, which may be now existing there, will be left in the possession of the agent of the United States; but an authenticated copy of such of them as may be required, will be, at all times, given by the United States to the Russian Government, or to such Russian officers or subjects as they may apply for. Article III. The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should i)refer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and shall l)e maintained and protected in the free enjoyment of their li])erty, property and religion. The uncivilized 22 TREATIES. tribes will bo subjeet to such laws and reo-ulations as the United States may, from time to time, adopt in reg-ard to aboriuinal tribes of that country. Article IV. His Majesty the Enn)eror of all the Russias shall appoint, witii con- venient despatch, an agent oi' agents for the ])urpose of formally deliv- ering to a similar agent or agents ai)pointed on behalf of the United States, the territory, dominion, property, dependencies, and appurte- nances which are ceded as above, and for doing any other act which may be necessary in regard thereto. But the cession, with the right of immediate possession, is nevertheless to be deemed complete and abso- lute on the exchange of ratitications, without waiting for such formal delivery. Article V. Immediately after the exchange of the ratitications of this conven- tion, any fortilications or military posts which may be in the ceded ter- ritory shall be delivered to the agent of the United States, and any Russian troops which may be in the territory shall l)e withdrawn as soon as may be reasonably and conveniently practicable. Article VI. In consideration of the cession aforesaid, the United States agree to pay at the Treasury in Washington, within ten months after the ex- change of the ratitications of this convention, to the diplomatic repre- sentative or other agent of his Majesty the Emperor of all the Russias, duly authorized to receive the same, seven million two hundred thou- sand dollars in gold. The cession of territory and dominion herein made is hereby declared to be free and unincumbered b}" any reserva- tions, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate. Russian or any other, or by any parties, except merely private individual property holders; and the cession hereby made, conveys all the rights, franchises, and priv- ileges now belonging to Russia in the said territory or dominion, and appurtenances thereto. Article VII. When this convention shall have ))een duly ratitied by the President of the United States, l)y and with the advice and consent of the Senate, on the one part, and on the other by his Majesty the P^mperor of all the Russias, the ratitications shall be exchanged at Washington within three months from the date hereof, or sooner, if possible. In faith whereof, the respective plenipotentiaries have signed this convention, and thereto athxed the seals of their arms. Done at Washington, the thirtieth day of March, in the year of our Lord one thousand eight hundred and sixty-seven. [l. s.] William H. Seward. [l. s.] Edouard de Stoeckl. IMPERIAL RUSSIAN IKASES. UKASE OF JULY 8, 1799, GRANTING PRIVILEGES TO THE RUSSIAN AMERICAN COMPANY. FIRST CHARTER OF THE RUSSIAN AMERICAN COMPANY." On the original is written in His Imperial Majesty's own hand: '' Be it thus.^'— Peterhoff, July 8, 1799. "By the grace of a merciful God, we, Paul the First, Emperor and Autocrat of all the Kussias, etc. To the Russian American Company under our highest protection. The benefits a nd advantages resulting to our empire from the hunting and trading carried on by our loyal subjects in the northeastern seas and along the coasts of America have attracted our imperial attention and consideration; therefore, having taken under our injmediate protection a Company organized for the above-named purpose of carrying on hunting and trading, we allow it to assume the appellation of ' Russian American Company, operating under our High- est Protection; ' and for the purpose of aiding the Company in its enter- prises, we allow the commanders of our land and sea forces to employ said forces in the Company's aid if occasion I'equires it. while for fur- ther relief and assistance of said Company, and having examined their rules and regulations, we herel>y declare it to be our highest Imperial will to grant to this Company for a period of '20 vears the following- rights and privileges: I. By the right of discovery in past times by Russian navigators of the northeastern''' part of America, beginning from the tifty-tifth degree of north latitude and of the chain of islands extending from Kamchatka to the north to America, and southward to Japan, and l)y right of pos- session of the same ])y Russia, we most graciously permit the Company to have the use of all hunting-grounds and establishments now exist- ing on the northeastern'^ coast of America, from the alwve-mentioned tifty-tifth degree to Bei'ing Strait, and also on the Aleutian, Kurile, and other islands situated in the Northeastern Ocean. II. To make new disco reries not only north of the tifty-tifth degree of north latitude, but farther to the south, and to occupy the new lands discovered, as Russian possessions, according to prescribed rules, if the}' have not been previousl}^ occupied by, or been dependent on, any other nation. ill. To use and protit by everything which has been or shall be dis- covered in those localities, on the surface and in the interior of the earth, without competition from others. «For Russian text, see "Historical Review of the Development of the Russian American Company and of its Operations up to the present time," Tikhmenief, St. Petersburg, 1861, vol. i, app., p. 19, and Golovnin, in Materialui, i, pp. 77-80. 23 24 IMPERIAL RUSSIAN UKASES. I\'. We most oTiiciously })t>nnit this Company to esta))]i.sh settle- ineiits in future times, wherever they are wanted, aeoording to its best knowledge and l)eliet', and fortify them to insure the safety of the inhal)itants, and to send ships to those shores with goods and hunters, without any ol)stacles on the part of the Government. V. To extend their navigation to all adjoining nations and hold busi- ness intercourse with all surrounding powers, upon obtaining their free consent for the purpose, and under our highest protection to enable them to prosecute their enterprises with greater force and advantage. VI. To employ for navigation, hunting, and all other business, free and unsuspected people, having no illegal views or intentions. In con- sideration of the distance of the localities where they will l)e sent, the provincial authorities will grant to all persons sent out as settlers, hunt- ers, and i n other cai)acities, passports for seven years. Serfs and house- servants will only he employeu by the Company with the consent of their landholders, and Government taxes will be paid for all serfs thus employed. VII. Though it is forbidden l)y our highest order to cut Government timber anywhere without the permission of the admiralty college, this Company is herein' permitted, on account of the distance of the admi- ralty from Okhotsk, when it needs timl)er for repairs, and occasionally for the construction of new ships, to use freely such timljer as is required. VIII. For shooting animals, for marine signals, and in all unexpected emergencies on the mainland of America, and on the islands, the Com- pany is permitted to buy for cash, at cost price, from the Go\ernment artillery magazine at Irkutsk, yearl}', 40 or 50 pouds of powder and from the Nertchinsk mine 200 pouds of lead. IX. If one of the partners of the Company becomes indel)ted to the Government or to private persons and is not in a condition to pay them from any other property except what he holds in the CompaiW', such property can not i)e seized for the satisfaction of such debts, l)ut the debtor shall not be i)ermitted to use anything but the interest or divi- dends of such pro})(M-ty until the term of the Company's privileges expires, when it will l)e at his or his creditor's disposal. X. The exclusive right is most graciously granted to the Company for a period of twenty years, to use and enjoy, in the above-described extent of country and islands, all profits and advantages derived from hunting, trade, industries, and discovery of new lands, prohibiting the enjoyment of these profits and advantages not only to those who would wish to sail to those countries on their own account, but to all former hunters and trappers who have been engaged in this tiade and have their vessels and furs at those places; and other companies which may have been formed will not ])e allowed to continue their business unless they unite with the present Company with their free consent; but such private companies or traders as have their vessels in those regions can either sell their property, or, with the Company's consent, remain until they have obtained a cargo, but no longer than is required for the loading and return of their vessel; and after that nobody will have any privileges but this one Company, which will be protected in the enjoy- ment of all the rights mentioned. XL Under our highest protection the Russian American Company will have full control over all above-mentioned localities, and exercise judicial powers in minor cases. The Compan}" will also be permitted UKASE OF SEPTEMBER 4, 1821. 25 to use all local facilities for fortitications in the defense of the country under their control ao-ain?>t foreign attacks. Only partners of the Com- pany shall lie empkn'ed in the administration of the new possessions in charge of the Company. UKASE OF SEPTEMBER 4, 1821. « EDICT OF HIS IMPERIAL MAJESTY, AUTOCRAT OF ALL THE RIJSSIAS. The directing Senate maketh known unto all men: Whereas in an Edict of His Imperial Majesty issued to the directing Senate on the 4:th day of September, and signed l)y His Majesty's own hand, it is thus expressed: Observing, from Reports submitted to us, that the trade of our sulijects on the Aleutian Islands and on the north-west coast of America, appertainino; unto Russia, is subject, because of secret and illicit trathc, to oppression and impediments; and finding that the principal cause of these difficulties is the want of rules establishing the boundaries for navigation along these coasts, and the order of naval communi- cation, as well in these places as on the whole of the eastern coast of Siberia and the Kurile Islands, we have deemed it necessary to determine these communications by specific Regulations, which are hereto attached. In forwarding these Regulations to the directing Senate, we command that the same be published for universal information, and that the proper measures be taken to carry them into execution. (Signed) Count D. Gurieff, 2[h} Istci' of Fin ances. It is therefore decreed by the directing Senate that His Imperial Majesty's Edict be published for the information of all men, and that the same be obeyed by all whom it may concern. [The original is signed b}^ the directing Senate.] Printed at St. Petersburgh. In the Senate, the Tth September, 1821. [On the original is written, in the handwriting of His Imperial Maj- esty, thus:] Be it accordingly. (Signed) Alexander. Kamennoy Ostroff. St'pteiiihrr 4, 1S21. rules established for the limits of NAVIGATION AND ORDER OF COMMUNICATION ALONG THE COAST OF THE EASTERN SIBERIA, THE NORTH-WEST COAST OF AMERICA, AND THE ALEUTIAN, KURILE, AND OTHER ISLANDS. § 1. The pitrsuits of commerce, whaling, and fishery, and of all other industry on all islands, posts, and gulfs, including the whole of the north-west coast of America, beginning from Bchring Straits to the 51^ of northern latitude, also from the Aleutian Islands to the eastern coast of Sil)eria, as well as along the Kurile Islands from Behring Straits to the south cape of the Island of Urup, viz., to the 45° 50' north latitude, is exclusively granted to Russian sul)jects. § 2. It is therefore prohibited to all foreign vessels not only to land on the coasts and islands belonging to Russia as stated above, but also, to appi-oach them withi n less than lOO Italian miles. The transgressor's vessel is subject to confiscation along with the whole cargo. « For Russian text see Tikhmenief, vol. r, app., p. 27. 26 IMPERIAL RUSSIAN UKASES. § 3. An excei)tion to this rule is to be made in favour of vessels car- ried tiiither by hea\y gales, or real want of provisions, and unable to make any other shore but such as belongs to Russia; in these cases they are obliged to produce convincing proofs of actual reason for such an exception. Ships of friendly Governments, merely on discoveries, are likewise exempt from the foregoing Rule 2. In this case, how- ever, they must be previously provided with passports from the Rus- sian Minister of the Navy. § -i. Foreign merchant-ships which, for reasons stated in the fore- going rule, touch at an}^ of the al)ove-mentioned coasts, are obliged to endeavour to choose a place where Russians are settled, and to act as hereafter stated. W * -.i vr -.ir .i * § 12. It is prohibited to these foreign ships to receive on board, without special permission of the Commanders, any of the people in the service of the Company, or of the foreigners living in the Com- pany's Settlements. Ships proved to have the intention of carrying off any person belonging to the Colony shall be seized. § 18. Every purchase, sale, or barter is prohibited betwixt a foreign merchant-ship and people in the service of the Company. This pro- hibition extends equally to those who are on shore and to those employed in the Company's ships. An}" ship acting against this rule shall pay live times the value of the articles, stores, or goods consti- tuting this prohibited traffic. S 11. It is likewise interdicted to foreign ships to carry on any traffic or barter with the natives of the islands, and of the north-west coast of America, in the whole extent here above mentioned. A ship convicted of this trade shall be confiscated. Count D. Gurief, Jli/} ister of Juuance. UKASE OF SEPTEMBER 13, 1821, RENEWING PRIVILEGES OF THE RUSSIAN-AMERICAN COMPANY. SECOND CHARTER OF THE RUSSIAN AMERICAN COMPANY." By His Imperial Majesty's Ukase, bearing his signature, and com- municated to the Rnling Senate on the 13th day of September, of the year 1821, it is decreed: "'The Russian -American Company, under our protection, availing itself of the privileges conferred upon it l)y Imperial Decree in the year 1799, has completely fultilled what we expected of it, l)v its suc- cess in navigation, by what it has done to develop the trade of the Empire, to the beiictit of all, and ])v securing consideral)le profits to those who are directly interested in it. In consideration whereof, being desirous of prolonging its existence and establishing it yet more iirmly, we hereby renew the privileges granted to it, with the neces- sary additions and modifications, for a period of twenty years from «For Russian text, see Tikhmenief, Vol. i, ap])., p. 41. UKASE OF SEPTEMBER 13, 1821. 27 this date, and having sanctioned the new Regulations drawn up for it, hand this over to the Ruling Senate, commanding them to prepare the necessary document setting forth these privileges, to lay it before us for our signature, and to take the proper further steps in the matter." PRIVILEGES GRANTED TO THE RUSSIAN-AMERICAN COMPANY FOR TWENTY YEARS FROM THIS DATE. I. The Company founded for the exercise of industries on the main- land of Northwestern America, and on the Aleutian and Kurile Islands, shall be, as heretofore, under the protection of His Imperial Majesty. II. It shall have the privilege of carrying on, to the exclusion of all other Russians, and of the subjects of foreign States, all industries connected with the capture of wild animals and all tishing industries, on the shores of North-western America which have from time imme- morial belonged to Russia, commencing from the northern point of the Island of Vancouver, under 51^ north latitude, to Behring Straits and beyond them, and on all the islands which belong to that coast, as well as on the others situated between it and the eastern shore of Siberia, and also on those of the Kurile Islands where the Company has carried on industries, as far as the southern extremity of the Island of Urup under ■15° 50'. III. It shall have the exclusive enjoyment of everything in that region which it has hitherto discovered, or which it may in future dis- cover, either on the surface of the earth or in the earth. IV. The Company may make discoveries within the limits defined above, and it is authorized to annex such newly-discovered places to the" Russian dominions, provided they have not been occupied by any other European nation, or by citizens of the United States, and have not become dependencies of such foreign nation; but the Company may not found permanent settlements in such places unless authorized to do so b}' the Emperor. Vl Within the limits defined in section 2, the Company is authorized to found new^ settlements, and to construct works of defence at any point, should such be necessary, at its own discretion, and to enlarge and improve existing settlements or works of defence; it is permitted to send ships with men and merchandize to those places without hindrance. VI. In order to insure to the Company the enjoyment of the exclu- sive rights granted to it, and to prevent for-the future any interference or damage to it arising from the action of Russian subjects or of for- eigners, Regulations are now drawn up regarding the manner in which those persons are to be dealt with who, either voluntary or under stress of circumstances, come to the places defined in section 2 of these priv- ileges, in spite of the fact that they are prohibited from coming to them. These Regulations must be strictly observed both by the Company and by those authorities whom they may concern, VII. The Company is authorized to communicate by sea with all neighbouring nations\ and to trade with them, with the consent of their Governments, except in the case of the Chinese Empire, the shores of which the Companv's ships are never to approach. In regard to other nations, the Company's ships shall not have trade or other relations with them against the wish of their Governments. ******* 28 IMPERIAL RUSSIAN UKASES. REGULATIOXiS ATTACHED T(1 THE UKASE OF SEPTEMBER 13, 1821. [Extract from eni'losure in Mr. Wilkins' No. IG of Det'ember 11, 1835.] o III. In regard to those nations inhal)iting the coasts of America, ^vhere the Com- pany has est'ibhshed their Colony. Section 57. The company, whose principal object is the catching of Sea-animals and wild beasts, shall not extend their searches to this effect to the interior of those Countries, on which coasts they practice the above catchings, and shall by no means meddle with- oppression of the inhabitants, living along those coasts; and in case the Company should think it for their interest, to establish factories in some places of the American Continent in order to secure their commerce, they may do so after hav- ing acquired the consent of the Natives and shall do everthing in their power to maintain their arrangements and avoid everything that might create the suspicion or thought as if they intended to deprive tliein of their independence. Section 58. The Company is priihil)itiMl to demand gifts, dues, tribute or any such sacrifice from these people, equally during the time of peace, not to take any of the inhabitants by force out of their stock, if, agreeably to the existing custom, some will be delivered by their Amcmate.^. These inhabitants delivered to the Colony, shall be properly treated and maintained, and the directors shall take particular care that they be not, off ended. Section 59. In case it happens, that some of the Natives of the American Coast should wish to put up in the Russian Colonies, the Company shall grant their request, if no danger is likely to arise from it to the Colonies. The new settlers shall be enregistered in the number Islanders and shall enjoy the same rights and privileges as those. UKASE OF MARCH 29, 1829, CONFIRMING CHARTER OF 1821. IMPERIAL CHARTER GRANTED TO THE RUSSIAN AMERICAN COMPANY. — CONFIRMATION OF ITS RIGHTS AND PRIVILEGES. By the helping- grace of God, we. Nicholas the Fir.st, Emperor and Autocrat of all the Rusf^ias, etc., etc., etc. As we regard as an object of our particular care the develoj^nient in our Empire of ever}- kind of industry and commerce, we have turned our Imperial attention to the Russian American Company. Since its very foimdation it has been favored with the protection of our most august late father and bi'other, and during the tvv^enty -eight years of its existence it has steadily pursued its ol)ject, has cooperated '.i the progress of navigation, has opened to our subjects new and rich sources of commerce and industry, and has brought to its shareholders con siderable profits. Wishing to shoAV our august benevolence towards this institution of common protit and to give it a tirm and stable basis, we take the Rus- sian American Company under our immediate protection, and confirm- ing by the force of this, our imperial charter, the rules, rights, and privileges granted to the Companv b}^ the supreme tdvase of September 13, 1821, we order: I. That the Company which was founded for industry on the main- land of Noi'th America, on the Aleutian Islands, and on the Kurile Islands and in all parts of the Northeastern Sea shall, under our supreme patronage, bo called, as before the Russian American Company., II. The limits of navigation and industry of the Company are deter- mined by the treaties concluded with the United States of America April 5, "(17) 1824, and with England February 16, (28) 1825. «For Mr. Wilkin's No. 16, see;)o.s/, page 246. UKASE OF 1844. 29 III. In all the places allotted to Russia by these treaties there shall be reserved to the Company the light to profit by all the fur and tish industries, to the exclusion of all other Russian subjects. IV. The part that neighboring- nations may take in these industries, as well as the nature of the coast relations with the Russian American Company, shall remain on the basis of these same treaties until new rules shall be published on this subject. V. All the advantages and rights conceded to Russia by these treaties are granted to the Company, on which is also imposed the strict fulfill- ment of all the mutual obligations of Russia stipulated in these treaties. VI. The interna] administration of the afiairs of the Company, its relations to the Government, the personnel and the duties of the supreme council of the chief administration of the directors of the Colonies, of the local agencies, and of the shareholders shall remain on the basis of the rules of September 13, 1821. VII. All the articles of these rules and of the privileges published together with them, which are not limited by the aforesaid treaties, and which are not contrar}^ to the ukase of October 11, 1827, concern- ing entrance into service, shall remain in full force and vigor in their full extent and for the whole time for which they were granted to the Russian American Company by our most august brother, the late Emperor Alexander the Fir.st. In conclusion of this our Imperial charter, we order all our military and civil authorities and all our Government officers not only not to prevent the Russian American Company from availing itself of these rules and privileges granted to it by us, but in case of need to fore- warn it of any damage or hai'm which may come to it, and to render all legal assistance and protection to its board of administration. For the greater force of this charter which we have granted, we have signed it with our own hand and have ordered it to be strengthened by the affixing of our seal of the Empire. Published by the Senate, March 29 (April 10), 1829. UKASE OF OCTOBER 10, 1844, RENEWING PRIVILEGES OF THE RUSSIAN-AMERICAN COMPANY. THIRD CHARTER OF THE RUSSIAN AMERICAN COMPANY.'* On the original is written in His Imperial Majesty's own hand: "Be it thus." Gatchina, October 10, 1841:. EIGHTS AND PRIVILEGES OF THE COMPANY. I. The Russian American Compan3% established for trading on the continent of Northwestern America and on the Aleutian and Kuriles Islands as in every part of the Northeastern Sea, stands under the Highest protection of His Imperial Majesty. II. The limits of the navigation and trade of the Company on the shore of the continent and on the islands of Northwestern America, are « Related })aek to the year 1842. For Russian text see Tikhmenief, vol. ii, first appendix, p. 11. 30 IMPERIAL RUSSIAN UKASES. within the following line of demarcation between Russia, Enoland, and America: Commencing- with the southernmost point of the Island of Prince of AVales, which point is situated at 54^ 40' north latitude and between 131" and 133" west longitude (reckoning from the meridian of Greenwich), the above line runs northward along the straits named Portland Channel to that point of the mainland where it touches the 56th degree of north latitude. Hence the line of demarcation follows the crest of the mountains which stretch in a direction parallel with the coast to the crossing at the 141st degree of west longitude (from the same meridian), and iinally, from this point of intersection, the same meridian of the 141st degree constitutes in its extension to the Arctic Sea the boundar}- of the Russian Possessions on the continent of North- western America. III. In all places annexed to Russia by the above-mentioned delimi- tation there is granted to the Company the right to carry on the fur and tishing industries to the exclusion of all Russian subjects. IV. The Company is permitted to hold and use all things heretofore found and hereafter to be found in those places, as well on the surface as in the bowels of the earth, without regard for an}- claim thereto on the part of others. V. The Compan}^ is allowed in future according to necessity and its best judgment Avithin the limits designated in Sec. 2, wherever it may be found necessary to establish new settlements and fortifications for safe habitation: and those formerly established may lie extended and improved, the Company being allowed to send to those regions vessels carrying merchandise and laborers without any let or hindrance. * * * «• * * * XXII. The rights and privileges granted to the Company shall be in force for twenty years, reckoning from the 1st of January of the year 1842. XXIII. Upon the taking effect of this charter all previous provisions relating to the Compan}' are repealed, and will preserve their force only as to matters arising before the promulgation of the constitution. DIPLOMATIC CORRESPONDENCE RELATING TO THE TREATY OF 18-.>4 BETWEEN THE UNITED STATES AND RUSSIA. Mr. Middleton to Mr. Adams. No. 9.] St. Petersburg, ^1 Sept. {3d Oct.), 1821. Sir: * * * In the same paper (the "Conservateur") is a notice of the principal dispositions of an ukase, under date of the 4th Sep- tember, prohibiting- all foreig-n vessels from trading- with the Russian possessions on the NW. coast of America, some of which dispositions indeed appear to aft'ect the interests of all maritime nations, but others more particularh' trench upon the territorial pretensions of Great Brit- ain. I shall endeavor to ascertain whether this latter power remon- strates, which is scarcely doubtful. I enclose a copy of the latest Russian map of the NW. reg-ions," to which I have added a notice of the places where there are actual settlements upon the coast, according to the best information 1 have been able to obtain. It is understood that the Russ-American North- west Company have lately had a renewal of their charter for 20 years, with additional privileges. 1 am now occupied in preparing a trans- lation of the different ukases under which they hold their privileges, which shall be forwarded as soon as completed. I have, etc.. Henry Middleton. Mr. Poletica to Mr. Adams. [Translation.] Washington, Jamiary 30 \Fehruary 11\ 1822. The undersigned, envoy extraordinary and minister plenipotentiary of His Majesty the Emperor of all the Russians, in consequence of orders which have latelv reached him, hastens herewith to transmit to Mr. Adams, Secretary "of State in the Department of Foreign Affairs, a printed copy of the regulations adopted bv the Russian-American Company, and sanctioned by His Imperial Majestj', relative to foreign commerce in the waters bordering' the establishments of the said com- pany on the northwest coast of America,^ The undersigned conceives it to be, moreover, his duty to inform Mr. Adams that the Imperial Government, in adopting the regulation, supposes that a foreign ship, which shall have sailed from a European «See map No. 6 in Atlas accompanying the Case of the United States. &The ukase and regulations enclosed will be found ante page 25. 32 DIPLOMATIC CORRESPONDENCE port after the 1st of March, 1822, or from one of the ports of the United States after the 1st of July of the same year, can not lawfully pretend io-norance of these new measures. The undersigned, etc, Pierre de Poletica. J//'. Adam^ to J//'. Poh'tU-a. Department of State, Washlngtnn, FSnumj 2o, 1822. Sir: I have the honor of receiving- your note of the 11th instant, inclosing a printed copy of the regulations adopted by the Kussian- American Company, and sanctioned ])v His Imperial Majesty, relat- ing to the commerce of foreigners in the waters bordering on the establishments of that company upon the northwest coast of America. I am directed by the President of the United States to inform you that he has seen with surprise, in this edict, the assertion of a terri- torial claim on the part of Russia, extending to the fifty-lirst degree of north latitude on this continent, and a regulation interdicting to all commercial vessels other than Russian, upon the penalty of seizure and confiscation, the approach upon the high seas within 1(»0 Italian miles of the shores to which that claim is made to applv. The relations of the United States with His Imperial Majesty have always been of the most friendly character; and it is the earnest desire of this Govern- ment to preserve them in that state. It was expected, before any act which should detine the l^oundary between the territories of the United States and Russia on this continent, that the same would have been arranged by treaty between the parties. To exclude the vessels of our citizens from the shore, beyond the ordinary distance to which the ter- ritorial jurisdiction extends, has excited still greater surprise. This ordinance affects so deeply the rights of the United States and of their citizens that I am instructed to inquire whether you are author- ized to give explanations of the grounds of right, upon principles gen- eralh' recognized by the laws and usages of nations, which can warrant the claims and regulations contained in it. 1 avail, etc., John Quixcy Adams. The Chevalier de Poletica to the Secretary of State. [Transliition.] Washington. Fd)ruanj 28, 1822. Sir: I received two days since the letter which you did me the honour to address to me on the same day, by order of the President of the United States, in answer to my note of the 11th current, by which I discharged the orders of my Government in connuunicating to you the new regulation adopted by the Russian-American Company, and sanctioned by His Majesty the Emperor, my august Sovereign, on the 4th (16th) September, 1S21, relative to foreign commerce in the waters which border upon the establishments of the said company oil the northwest coast of America. RELATING TO TREATY OF 1824. 33 Readily yielding, sir, to the desire expressed by 3'ou in your letter of knowing- the rights and principles upon which are founded the determinate limits of the Russian possessions on the northwest coast of America from Behring Strait to the 51st degree of north latitude,! am happy to fulfil this task by only calling your attention to the fol- lowing historical facts, the authenticity of which cannot be contested. The first discoveries of the Russians on the northwest continent of America go back to the time of the Emperor Peter 1. They belong to the attempt, made towards the end of the reign of this great Monarch, to find a passage from the icy sea into the Pacific Ocean. In 1T2S the celel)rated Captain Behring made his first voyage. The recital of his discoveries attracted the attention of the Govern- ment, and the Empress Anne intrusted to Captain Behring (1741) a new expedition in these same latitudes. She sent with him the Acade- micians Gmelin, Delile de la Crayere, Midler, Steller, Fischer, Krasil- nicotf. Kraechenin.icotf, and others; and the first chart of these countries which is known was the result of their lal)ours, published in 1758. Besides the strait which bears the name of the chief of this expedition, he discovered a great part of the islands which are found l)etween the two continents. Cape or Mount St. Elias, which still bears this name upon all the charts, was so called by Captain Behring. who discovered it on the day of the feast of this saint: and his second, Captain Tchiri- coft', pushed his discoveries as far as the -t9th degree of north latitude. The first private expeditions undertaken upon the northwest coast of America go back as far as the year 1743. In 17t3o the Russian establishments had already extended as far as the island of Kodiak (or Kichtak). In 177S Cook found them at Ouna- laska. and some Russian inscriptions at Kodiak. Vancouver saw the Russian establishment in the Bay of Kinai. In fine, Captains ^lirs, Portlock, La Peyrouse, unanimously attest the existence of Russian establishments in these latitudes. if the Imperial Government had at the time published the discov- eries made by the Russian navigators after Behring and Tchiricoff, viz. Chlodiloff, Serel)reanicolf, Krasilnicoti', Paycoff, Poushcaretf, Lazereti', Medwedeff. Solowietf, Lewashetf, Kremtsin, and other.>, no one could refuse to Russia the right of first discovery, nor could even any one deny her that of first occupation. Moreover, when D. Jose ^Martinez was sent in 1789 by the Court of Madrid to form an establishment in Vancouver's Island and to remove foreigners from thence, under the pretext that all that coast belonged to Spain, he gave not the least disturbance to the Russian colonies and navigators. Yet the Spanish (jovernment was not ignorant of their existence, for this very Martinez had visited them the year before. The report which Captain Malespina made of the results of his voyage proves that the Spaniards very well knew of the Russian colonies; and in this very report it is seen that the Court of Madrid acknowledged that its possessions upon the coast of the Pacific Ocean ought not to extend to the north of Cape Blanc, taken from the point of Trinity, situated under -42^ 59' of north latitude. When in 1799 the Emperor Paul 1 granted to the present American Compan}" its first charter, he gave it the exclusive possession of the northwest coast of America, which belonged to Russia, from 55th degree of north latitude to Behring Straits. He permitted them to extend their discoveries to the south, and there to form establish- 21528—03 10 34 DIPLOMATIC CORRESPONDENCE inents. provided that they did not encroacli upon the territory oceii- pied by other powers. This act, Avhen made public, excited no claim on the part of other cabinets, not even on that of Madrid, which contirms that it did not extend its pretensions to the O'Jth degree. When the Government of tlie United States treated with Spain for the cession of a part of the northwest coast it was al^le to acquire, bj^ the treaty of Washington, the right to all that belonged to the Span- iard north of the 42nd degree of latitude; but this treaty says nothing- positive concerning the northern boundary of this cession, because, in fact, Si)ain well knew that she could not say that the coast as far as the Both degree belonged to her. From this faithful exposition of known facts it is easy, sir, as appears to me, to draw the conclusion that the rights of Russia to the extent of the northwest coast specified in the regulation of the Russian- American Company rest upon the three bases required by the general law" of nations and immemorial usage among nations — that is, upon the title of first discoverv; upon the title of first occupation; and, in the last place, upon that which results from a peaceable and uncontested possession of more than half a century — an epoch, conse- quently, several years anterior to that when the United States took their place among independent nations. It is, moreover, evident that, if the right to the possession of a cer- tain extent of the northwest coast of America claimed by the United States only devolves upon them in virtue of the treat}" of Washing- ton, 1819 (and 1 lielieve it would be ditiicult to make good any other title), this treaty could not confer upon the American Government an}" right of claim against the limits assigned to the Russian posses- sions upon the same coast, because Spain herself had never pretended to such a right. The Imperial Government, in assigning for limits to the Russian pos- sessions on the northw'est coast of America, on the one side Behring Straits and on the other the 51st degree of north latitude, has onl}- made a moderate use of an incontestable right, since the Russian navi- gators, w"ho were the first to explore that part of the American Con- tinent in 1741, pushed their discovery as far as the 49th degree of north latitude. The 51st degree, therefore, is no more than a mean point l)etween the Russian establishment of New Archangel, situated under the 57th degree, and the American colony at the mouth of the Columbia, which is found under the 46th degree of the same latitude. All these considerations united have concurred in inspiring the Imperial Government with an entire conviction that, in the last arrange- ments adopted in Russia relative to her possessions on the northwest coast, the legitimate right of no foreign power has been infringed. In this conviction the Emperor, my august sovei-eign, has judged that his good right, and the obligation imposed l)y Providence upon him to protect with all his power the interests of his subjects, sufficiently justified the measures last taken by His Imperial Majesty in favour of the Russian-American Company, without its being necessary to clothe them with the sanction of treaties. I shall be more succinct, sir. in the exposition of the motives which determined the Imperial Government to prohibit foreign vessels from approaching the northwest coast of America belonging to Russia within the distance of at least KM) Italian miles. This measure, how- RELATING TO TREATY OF 1824, 35 ever severe it may at tirst view appear, is, after all, but a measure of prevention. It is exclusively directed against the culpable enterprises of foreio-n adventurers, who. not content with exercising- upon the coasts above mentioned an illicit trade, very prejudicial to the rights reserved entirely to the Russian-American Company, take upon them besides to furnish arms and ammunition to the natives in the Russian possessions in America, exciting them likewise, in every manner, to resistance and revolt against the authorities there established. The American Government doubtless recollects that the irregular conduct of these adventurers, the majority of whom was composed of American citizens, has been the object of the most pressing remon- strances on the part of Russia to the Federal Government from the time that diplomatic missions were organized between the two coun- tries. These remonstrances, repeated at diiierent times, remain con- stantly without efl'ect, and the inconvenience to which they ought to bring a remedy continues to increase. The Imperial Government, respecting the intentions of the xlmeri- can Government, has always abstained from attributing the ill success of its remonstrances to any other motives than those which flow, if I may be allowed the expression, from the very nature of the institutions which govern the national affairs of the American Federation. But the high opinion which the Emperor has always entertained of the rec- titude of the American Government can not exempt him from the care which his sense of justice toward his own sul)jects imposes upon him. Pacific means not having brought any alleviation to the just grievances of the Russian- American Company against foreign navigation in the waters which environ their establishments on the northwest coast of America, the Imperial Government saAV itself under the necessity of having recourse to the means of coercion and of measuring the rigour according to the inveterate character of the evil to which it wished to put a stop. Yet it is easy to discover, on examining closely the last regulation of the Russian-American Company, that no spirit of hostility had anything to do with its formation. The most minute precautions have been taken in it to prevent abuses of authority on the part of commanders of Russian cruisers appointed for the execution of said regulation. At the same time, it has not been neglected to give all the timely publicity necessary to put those on their guard against whom the measure is aimed. Its action therefore can only reach the foreign vessels which.' in spite of the notitication, will expose themselves to seizure by infringing upon the line marked out in the regulation. The Government flatters itself that these cases will be ver}' rare; if all remains as at present — not one. I ought, in the last place, to request 3'ou to consider. Sir, that the Russian possessions in the Pacific Ocean extend on the northwest coast of America from Behring Straits to the .51st degree of north latitude, and on the opposite side of Asia and the islands adjacent from the same strait to the -ioth degree. The extent of sea of which these possessions form the limits comprehends all the conditions which are ordinarily attached to shut seas Cmers fermees''); and the Russian Government might consequent!}' judge itself authorized to exercise upon this sea the rights of sovereignty, and especially that of interdicting the entrance of foreigners. But it preferred only asserting its essential rights, with- out takino- advantas'e of localities. 36 DIPLOMATIC CORRESPONDENCE The Emperor, my auo-ust sovereign, sets a very high value upon the maintenanee of the rehitions of amity and good understaiuling which have till iionv subsisted between the two countries. The dispositions of His Imperial Majesty in this regard have never failed appearing at all times when an occasion has presented itself in the political relations of the United States with the European powers: and, surely, in the midst of a general peace, Russia does not think of aiming a blow at the maritime interests of the ITnited States— she who has constantly respected them in those difficult circumstances in which Europe has been seen to be placed in the latter times, and the influence of which the United States have been unable to avert. 1 avail, &c. (Signed) Piekre de Poletica. 3fr. .[^Ao//.s- fo M. dc Poletica. Department of State, W< (.shin (/ton, Ilarch 30, 18^2. Sir: I have had the honour of receiving your letter of the 28th ultimo, which has been submitted to the consideration of the President of the United States. For the deduction which it contains of the grounds upon which Articles of Regulation of the Russian-American Company have now, for the flrst time, extended the claim of Russia on the northwest coast of America to the 51st degree of north latitude, its only foundation appears to be the existence of the small Settlement of Novo Archan- gelsk, situated, not on the American Continent, but upon a small island in latitude oT*-; and the principle upon which yon state that this claim is now advanced is that the 51st degree is eqiiidixtant from the Settle- ment of Novo Archangelsk and the establishment of the United States at the mouth of the Columbia River: but from the same statement it appears that, in the year 1TU9, the limits prescribed by the Emperor Paul to the Russian-American Company were fixed at the 55th degree of latitude, and that, in assuming now latitude of 57*-', a new pretension is asserted, to which no settlement made since the year 1709 has given the colour of a sanction. This pretension is to be considered not only with reference to the question of territorial rights, but also to that prohibition to the vessels of other nations, including those of the Ignited States, who approach within 100 Italian miles of the coast. From the period of the existence of the United States as an independent nation their vessels have freely navigated those seas, and the right to navigate them is a part of that independence. With regard to the suggestion that the Russian Goverimient might have justified the exercise of sovereignty over the Pacific Ocean as a close sea, because it claims territor}- both on its American and Asiatic shores, it may suffice to say that the distance from shore to shore on this sea, in latitude 51^ north, is not less than 90 degrees of longitude, or 4,000 miles. As little can the United States accede to the justice of the reason assigned for the prohibition above mentioned. The right of the citi- zens of the United States to hold commerce with aboriginal nati\es of RELATING TO TREATY OF 1824. 37 the northwest coast of America, without the territorial jurisdiction of other nations, even in arm.s and munitions of war, is as clear and indis- putable as that of navigating- the seas. That right has never been exer- cised in a spirit unfriendly to Russia: and although general complaints have occasionally been made on the subject of this commerce by some of your predecessors, no specitic ground of charge has ever been alleged by them of any transaction in it which the United States were, by the ordinary laws and usages of nations, bound either to restrain or to pun- ish. Had any such charge been made, it would have received the most pointed attention of this Government, with the sincerest and tirniest disposition to perform every act and obligation of justice to yours which could have been required. I am commanded by the President of the United States to assure you that this disposition will continue to be entertained, tog-ether with the earnest desire that the most harmonious relations between the two countries may be preserved. Relying upon the assurance in your note of similar dispositions reciprocally entertained by His Imperial Majesty towards the United States, "the President is persuaded that the citizens of this Union will remain unmolested in the prosecution of their lawful commerce, and that no eiiect will be g-iven to an interdiction manifestly incompatible with their rights. I am, &c., (Signed) John Quincy Adams. Chevalier de Poletica to JL'. 'Adams. [Translation.] Washington, 2 Aj^ril {21 March), 1822. Sir: I had the honor yesterday to receive the letter which you were pleased to addi'ess to me, dated 30 March last (n. -st.), and not being- authorized to continue the discussion to which it refers. I tind myself under the necessity of taking the contents of that letter ad referendum, reserving myself to communicate it to my Government as soon as possible. In the meantime I shall take the liberty of submitting to yoxxv con- sideration some ot)servations which have been suggested to me by cer- tain passages in your letter which require particular notice. In the first otticial letter which I had the honor of addressing to you, dated 16 28 February last. 1 thought I had succeeding in clearly demon- strating that the rights of Russia to the possession of a certain extent of the northwest coast of America — as far as these rights can be ren- dered legitimate by the tirst discovery, the iirst occupation, and a pos- session not contested for more than half a century — that these rights, I say, go back to times considerably earlier than the reign of the Emperor Paul I. \Vhen this sovereign g-ranted, in ITUU, to the Russian-American Society its tirst charter of incorporation, there had never been a ques- tion about abandoning to that company the right of sovereignty over one determinate portion of the northwest coast of America in all its plenitude. The question was purely and simply of conceding to the said company a part of the sovereignty, or rather certain exclusive 38 DIPLOMATIC CORRESPONDENCE })rivilege.s of coinnierce. and it is in this view that the act of lT9lt. to which you refer, sir, tixed the limits of the operations of the Russian- American Company. The rio'hts of sovereignty belonging to Russia could lose nothing of their local extent in consequence of the concessions made to that company in the reign of the Emperor Paul. That these rights extended in the opinion of the Imperial Government farther south than the .).5th degree of latitude appears evident from the structure of the od article of the act of incorijoration, which authorizes the company to form establishments south of the ooth degree of north latitude". But what will dispel even the shadow of doubt in this regard is the authentic fact that in 1T81> the Spanish packet St. Charles, commanded by Captain Haro, found in the latitude 48 and 49 Russian establish- ments to the number of 8, consisting in the whole of 20 families and 462 individuals. These were tjie descendants of the companions of Captain Tehiricoti', who were supposed till then to have perished. With such titles justifying the rights claimed by Russia, you your- self, sir. will agree that it is perfectly immatei'ial whether the Russian establishment at Novo Archangelsk be small or large. If the rights of territorial possession Avere measured according to the dimensions of the points occupied, what would become of those of the United States upon a Aer}" considerable extent of the same northwest coast? For the only American estaljlishment ever yet known is certainly very inferior in stability to that of Russia at Novo Archangelsk. In the same manner the great extent of the Pacific Ocean at the 51- of latitude camiot invalidate the right which Russia may have of considering that part of the ocean as close. But as the Imperial Cov- ernment has not thought tit to take advantage of that right, all further discussion on this sul)iect would be idle. As to the right claimed for the citizens of the United States of trading with the natives of the country of the northwest coast of America without the limits of the jurisdiction belonging to Russia, the Imperial Govei-nment will not certainly think of limiting it and still less of attacking it there. But I cannot dissemble, sir. that this same trade beyond the 51st degi'ee will meet with ditticulties and incon- veniences for which the American owners will only have to accuse theii own imprudence after the puV)licity which has been given to the measures taken by the Imperial Government for maintaining the rights of the Russian-American Company in their absolute integrity. I shall not finish this letter without repeating to you, sir. the very positive assurance, which I have already had the honour once of express- ing to you. that in every case where the American Government shall judge it necessary to mak(^ explanations to .that of the Emperor, the President of the United States may rest assured that these explanations will be always attended to ))y the Emperor, my august sovereign, with the most friendly and consequently with the most conciliatory dispositions. Be pleased to accept, sir, the assurance of my high consideration. Pierre de Poletica. RELATING TO TREATY OF 1824. 39 J//'. Adajns to M,\ MkMJetoii. No. 12. J Department of State, Washington, 13 Jilay. 1S22. Sir: '■ * " You will receive with this letter a printed copy of the documents communicated to the House of Representatives in answer to a resolution calling for information respecting- the Imperial ukase relative to the northwest coast of America, to which will lie added copies of a letter to the Chevalier de Poletica. written subsequentlv to the communication to Congress, and immediately before his departure from this place, and of his answer. , From these papers you will perceive the interest which has been excited here by the decree, which is universally considered as unwar- ranted by the laws of nations and as derogatory to the rights of the United States, both on the assumption for the tirst time of the .51st degree of north latitude, and in the interdiction of the vessels of other nations than Russia to approach within 100 Italian miles of the coast. You will not fail to impress these ideas upon the Russian Government in your communications with them, and particularly to insist upon the revocation ot any orders, if any have been given, to the commanders of the Russian armed vessels in those seas which infringe upon the unquestionable rights of our navigators. There is no doubt that vessels of the United States which will sail from their ports after the tirst of July next, the time notitied as that after which the Imperial ordinance will be carried into efiect. will approach within lOO Italian miles of the coast, and if they should be molested the excitement in this country will be very great. It will be deeph' lamented by the President not only as an example of encroach- ment upon the freedom of the seas I)}' a power which we have relied upon as among the most strenuous vindicators of their liberty, but as countenancing and even outstripping the doctrines of those who are led by the possession of predominant power upon that element to seek apologies for the abuse of it in the practice of other nations more interested in the support of the common rights of all. The grounds alleged b}' ]Mr. Poletica in support of the provisions of the ukase are certainly untenal)le. and we cannot believe that either they or the boundary will be insisted on by the Russian Government. At all events you will, with all the delicacy which the amicable relations between the two Governments will require, and all the mitigations which the most conciliatory forms can give to a determined purpose, make it most distinctlv to be understood that the United States can- not for a moment acquiesce in those regulations, and that they will never admit that they can in an}' manner impair their rights, or those of their citizens. The Chevalier de Poletica has himself kindly offered to be the bearer of this letter. He i-eturns home upon leave of absence, but without expectation of visiting this country again. His relations with this Government have always been friendly, respectful, and in many instances conlidential. On taking leave of the President he declared that he was instructed to express the continuance of the most amicable sentiments of the Emperor towards the United States, of which the President assured him of his high gratilication and a cordial return. Mr. Poletica's conduct durino- his residence here has deserved the 40 DIPLOMATIC COKRESPONDENCE est(MMH and approbation of the Prcsiclcnt. which he ^Yishes you to make known in a suitiil)h> manner to the Im])erial (Tovernment. 1 am, ete.. John Quincy Adams, Hoard of (idin'rnistratlon of RnKslan-Aiiicfinii} ( 'onijuiny to chief ntan- nger of the JR<(!:>. You will see from the inclosed copy of a letter from the ministry (of finance), and the observations of this board thereon, that Engdand and the United States are raising- objections to the privileges granted to the colonies and to the Maritime Kegulations; to the former because our Government 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 3^ou 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 Majest}- has been pleased to instruct the commander of the frigate Kre(se)\ which is now on its way to you, through the naval head of the general staff', not to apply the loO-mile rule too strictly: accordingly, if he found a foreign ship nearer than that distance he w^ould act with regard to it as laid down in the Maritime Regulations. V EN EDICT Kramer. Andrei Severin. Zelensky, Chief eh' rl-. [Inclosure in Xo. 481.] Ojfici'ft of the inhili-trii of fimincr, ^nddiviaion, 3rd table, to the cliief nuiiKKja- of the Ihixsion- Amerhxin Compani/. [Received Jul vis, \>-22.] No. 938. Secret.] July 18, 1822. The head of the ministry of foreign affairs has informed me that, on our Govern- ment 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, northwestern America, and the Aleutian, Kurile, and other islands, approved by His Imperiar Majesty on the 4th September, 1821, the English and North Ameri- can Governments made tv])rcs('iit;iti(ins against what they term the extension of our dominions, as well ;\> a-ainst tlu' rules t'orhidding foreign ships to come within 100 Italian miles of the aluivf-iiiiaitiniiiMl places. On these re]iresentations IipIiil: reported to the iMiipeior. Ills Imjierial Majesty, being anxiciiis in du all in his powei- tn preserve the liest umlerstandiim in his rela- tions with lurei'jii l»owers, and especially wishing to iirevent the occurrence "of con- flicts between Russian and American ships, which might lead to unpleasantness, was l)leased to give instructions to the department of the navy in accordance with these RELATING TO TREATY OF 1824. - 41 views, in connection with the sending of two ships this year to the nortliwest coast of America. His Imperial ^Majesty at the same time gave orders for tlie fohowing steps to 1)6 taken meanwhile: 1. Baron Tuyll von Seroskerken is to be appointed imperial Rnssian envoy extraor- dinary and minister plenipotentiary to the United States of North America in place of ^I. 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 <3n the subject of the extent of the respective jurisdictions of Russia and the United States on the northwest coast of America, to j)ut an end to the com- plaints of our American colonies of the proceedings of certain citizens of the United States, and by this means to make it unneccessary 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 mis- sion intrusted to him, the Russian-American Company are to furnish me as soon as possible with a statement of the measures which we inight call upon the Government of the United States of America to take in order that the sources from which the com]>any derive their revenue may not suffer and in order that the native inhab- itants 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, 1821, to be that within which no foreign ship may come, and such as to enable ns to con- fine ourselves to exercising a control over such an extent of water only as is by com- mon custom considered to be under the jurisdiction of any power which has posses- sion 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 for the prevention of illicit trading. In connnunicating to me the P^mpei'or's orders in this matter, the head of the foreign ofhce desires tliat the company's statement may l)e accompanied by an accu- rate acount 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 furthest limit of our dominions, with- out giving rise to remonstrances and pretensions such as those which have lately been evoked. The head of the foreign office adds that when the charter granted to the Russian- American Company in 1799 fixed as this boundary the 55th degree of latitude north and gave permission to the company to establish new stations even south of this line, except in places belonging to other powers, no foreign government objected to these two points, but that on the other hand it appears that two English companies, the Northwest Company and the Hudson's Bay Company, have long had trading sta- tions estat>lished on the northwest coast of the American continent, beginning from 54° north latitude and extending, according to some accounts, to 56°. Under these circumstances. Privy Councillor Count Nesselrode thinks that it would be useful if the Russian-American Company would communicate all the infor- mation in its possession with regard to the existence of tlieso stations and the time of their establishment, as he con.siders such information indisponsahlo in onlir to avoid claims being advanced by England when we proceed witli the United States to the delimitation of our respective territories. In brinuini: w liat 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 tosn|i|ily, witlioni delay and in sufficient detail, th'^ information required from it, in order that a linn 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 Septendjer, 1821. Count D. GuRiEF, ^[i)li>:ler of Finance. Y. Dklshixin, Director A true copy: The Chief Clerk. 42 DIPLOMATIC CORRESPONDENCE J//'. Mlddh'ton to JL: Adams. No. 23.] St. Petersbur(j; A>u/i/.st S. 1S22. Sir: I am desirous of giving you a full account of what has occurred here upon the subject of the X. W. contestation, because I conceive it to be important, on account of the impending negotiation upon that subject, that you should be furnished with all the information attain- able respecting the views and feelings of this Government upon it; and also because I wish you to understand the reason of the very mod- erate tone of the note 1 presented upon receipt of the instructions contained in your No. 12. Having premised this much, I proceed to state that from the time of the publication of the ukase respecting the N. W. trade, although I i-ef rained from taking any official steps until I should receive instruc- tions so to do, yet 1 omitted no proper occasion of making known mv private opinion upon that suljject in conversation with the secretaries and with all such persons as I knew were habitually consulted upon questions of a similar nature. To Mr. Speransky, governor-general of Siberia, who had been one of the committee originating this meas- ure, I stated my objections at length. He informed me that the tirst intention had been (as Mr. Poletica afterwards wi-ote 3'ou) to declare the northern portion of the Pacific Ocean as tiiare ci(ni.s)U)u l)ut that idea being abandoned, probably on account of its extravagance, they determined to adopt the more moderate measure of establishing limits to the maritime jurisdiction on theii' coasts, such as should secure to the Russian American Fur Company the monopoly of the very lucra- tive traffic thgy carry on. In order to do this they sought a precedent and found the distance of 30 leagues, named in the treaty of Utrech't, and which may l)e calculated at about 1(»(> Italian miles, sufficient for all i)urposes. I replied ironically that a still better precedent might have been pointed out to them in the papal bull of 1493, which estab- lished as a line of demarcation between tlie Spaniards and Portuguese a meridian to be drawn at the distance of 100 miles west of the Azores, and that the expression "Italian miles" used in the ukase very natu- rally might lead to the conclusion that this was actually the precedent looked to. He took my remarks in good part, and I am disposed to think that this conversation led him to make reflections which did not tend to confirm his first impressions, for I found him afterwards at dif- ferent times speaking confidentially upon the subject. For some time past I began to perceive that the provisions of the ukase would not be persisted in. It appears to have l>een signed by the Emperor without sufficient examination, and may be fairly consid- ered as having !)een surreptitiously obtained. There can be little doubt, therefore, that with a little patience and management it will be molded into a less objectiona))le shape. But in this, as in other mat- ters, the revocare (/rndui,, is most difficult. Since the receipt of your dispatch No. 12 1 have had several conferences with the secretaries of state and we have discussed fully and freely the .sfaf^^ of the qtiei^tion as left ])y ]Mr. Poletica with your letter unanswered in his pocket. At length, on the morning of the 2-lth of July, having learned that prepa- ration was making for the departure of the Emperor for \'ienna, I had a conversation with Count Cajxxlistrias. in wiiich I informed him that I intended to ask a formal interview with Count Nesselrode before his departure, for the purpose of taking up this subject and urging some RELATING To TREATY OF 1824. 48 decision upon it. as I never had been able to ascertain officially whether the offensive provisions of the ukase would be revoked. I felt the more anxious, too, because I had learned that a Russian frigate was shortly to sail for the N. W. coast. 1 informed him further that I had prepared a note rerhale to leave with Count Xesselrode, wdiich I ))egged to l)e pin-mitted to read to him (Count Capodistrias), as 1 was well assured of his anxious desire that all things should go on smoothh' between us. (See ]japer No. 1.) After hearing this paper with attention he said to me: "'Puisque vous me faites I'honneur de me consulter, je vous dirai franchement mon avis. 8i vous voulez que la chose s'arrange, ne donnez point votre note — FEmpereur a deja eu le bon esprit de voir que cette af- faire ne devrait pas etre pousee plus loin. Nous sommes disposes a ne pas y donner de suite. Les ordres pour nos vaisseaux de guerre seront bornes a empecher la contrebande dans les limites reconnues par les autres puissances, en prenant nos etablissemens actuels pour base de ces operations. De cette maniere, il n'y aura pas de complication pour entraver la negociation que pourra entamer M. le Baron de Tuyll des son arrivee a \^'ashington. Si vous dites que vous faites protestation, vous ferez du tort a la negociation; jl ne faut pas non plus faire I'insinuation que nous ayons avance une injuste preten- tion, meme en nous complimentant sur notfe politique passee: il ne faut pas nous sommer de revoquer des ordi-es donnes; nous ne revo- quons pas: nous ne nous retractons pas. Mais dans le fait il \\x a pas d'ordi'es donnes qui autorisent ce que vous craignez.'-^' After much discussion 1 acquiesced in the solidity of the reasons for not delivering my note, and immediately w^rote to Count Nesselrode asking an interview, which was granted for the 27th day of the month. At that conference I talked over the matter with the two secretaries of state and brought fully to tlieir view the substance of the instruc- tions upon the ukase of the 4th September last, insisting upon the neces- sity of this Government suspending the execution of those regulations which violate the general right of navigating within the common juris- diction of all nations, and declaring that the territorial pretension ad- vanced by Russia must be considered as entirely inadmissible by the United States until the conliicting claims shall have been settled l)v treaty. 1 received verbal assurances that our wish in both respects will be complied with, and that it is the intention of the Emperor that Baron Tuyll shall l)e furnished with full powers to adjust all controver- sies upon the subject of trade and territory upon the X. W. coast. '"'"Mais en attendant," said Ct. Capodistrias, "votre gouvernment voudra bien defendre a ses sujets le commerce dans les limites sujettes o [Trans] ati on.] — After hearing this paper with attention he said to me: Since you do me the honor to consult me, I will frankly tell you my opinion. If you wish the affair arranged, do not present your note. The p]mperor has already had the good sense to see that this affair should not l:)e pushed too far. We are disposed not to follow it up. The oi'ders to our war vessels will be limited to the prevention of the contraband trade within the limits recognized by the otlier powers, taking our present establishments as a basis for these operations. In this way there will be no complication to embarrass the negotiation which may V)e commenced by Baron de Tuyll on his arrival at Washington. If you say that you protest, you will do harm to the negotiation; nor should you insinuate that we have advanced an unjust claim, even while complimenting us on our past policy; you should not demand that we revoke the orders we have issued. We will not revoke them; we will not draw back; but in fact no orders have been issued whit'h authorize your ai)iirehension. 44 DIPLOMATIC C<)RRP:SP()NDENCE u oontesttition." In iiiiswer to this apostrophe I represented that this could not possibly be done without admitting- the exclusive rights of Russia, and that until those should be made manifest our Government has no authorit}- to inhibit its citizens from exercising their free indus- try within the limits sanctioned by the laws of their countr}' and of nations. I thought it necessary to give ofKcial form to these verbal communi- cations, and upon stating this to the secretaries it iva.s ngrecd that I should simply ii>^l- to he uiforim-d trhat ims intended b}' the Imperial Government, and they promised that the answer should be satisfactory. Immediately on my return home I penned the note No. 2. atid received in answer. ui)on the tirst of this month, that numbered 3. I have, etc., Henry Middleton. P. S. — A Russian frigate of 44 guns and 120 men, commanded by Capt, Ijieut. Lazaroff, sailed about the 1st of August (O. S.), in com- pany with a Norse ship, bound for the N. W. coast. The Secretary of State of the United States. St. Petersburg, August 8:20, 1822. [Inclosure No. 1 — rreijarcd, btit not dt'livered.] Note rn-bale. The correspondence of the Russian envoy in the United States of America with the Secretary of State of that CTOvernment has probably given the Imperial Government a i^utlicient knowledge of the weighty reasons that have induced the (Government of the said States to protest against the changes made in the regulations governing foreign commerce in those parts of the Russian possessions that are situated on the Paciiic coast. If all the powers, and especially commercial nations, are interested in the main- tenance of maritime rights unimpaired, it is not to be doubted that the President of the Ignited States has learned with the deepest concern that the aforesaid regula- tions have been sanctioned by a power which has long been fondly regarded as a protector of the freedom of navigation against all unjust pretensions; for he must, with reason, fear the influence of such an exami)le, and must also fear lest nations possessing prep(m(lerating power atsea may avail themselves thereof to justify almses of power l)y the example of those which should be most interested in upholding the universal riglits df nations. Since the President can not close his eyes to the fact that public opinion is greatly opposed to these regulations, and is fully' convinced that it is quite imjjossiltle tor the United States Government to acquiesce in them, he has thought iiroper, not only in view of his feelings of friendship for His Majesty the Emperor of all the Knssias, but of the uprightness of intention of which he is conscious, and of the frankness which he uses on all occasions, not to leave the Imperial Government in uncertainty with regard to his determination to uphold the rights and interests of his fellow-citizens, and to insist that the United States and their subjects shall still have, as they have had in the past, full liberty to sail in the Pacific Ocean and off the coasts of the neigh- boring countries within the limits recognized by the law of nations. A careful ]iernsal of the correspondence which has recently been exchanged at Wasliiugton in relation to the aforesaid ivgulations can not fail to show that a state of war between the two powers exists already, owing to the principles that have been avowed on both sides. Nothing is lacking to make this complete except a declaration or acts of violence, which latter can not be long in coming, unless pre- cautionary iiicasiircs hi' :it once taken. It is rs|K(iall\ o\\ ill- to this circiunstance that the departure of I\Ir. Poletica with- out ha\iiiu Ikh'ii aiitliorized to enter upon a discussion of our mutual rights and duties is to be regretted. RELATING TO TREATY OF 1824. 45 Under present circumstances it is very desirable that there should be a suspension of the territorial claims of Russia to the border regions of the United States, without prejudice to the respective rights of the powers interested, until the settlement of the boundaries l)y a treaty, but it is especially necessary, for the avoidance of any com- plications that might arise through hostilities, that the Russian Government should abstain from putting into execution the measures ordered by the ukase of September 4, 1821, and that it should consent to revoke the orders issued to its vessels of war, if any such have been issued, authorizing those measures to be put into execution. in the fear of jeopardizing more important interests than those just now under consideration, and in order not to run any risks that foresight may prevent, the undersigned deems it his duty to make this representation, and he earnestly hopes that tlie Imperial Govei'nment will see, and will avert by acting upon these sugges- tions, tlie dangers which threaten to disturb the good understanding which so hap- pily exists between the two countries. (Signed) H'v ^Iiddletox. St. Petersburg, July 34th, 1822. [Inflosnre No. 2.] The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has tlie honor to call the attention of his excellency the secretary of state, Count Nesselrode, to the correspondence which has recently taken place between the envoy of Russia in the United States and the Secretary of State of the United States. The correspondence has probably sufficiently made known the reasons which the Uniteil States have alleged for not agreeing to the regulations adopted by the Russian American Company for the government of foreign commerce in those parts of their possessions that are on the Pacitic coast. Mr. Poletica's departure from the United States without having been authorized to enter more fully upon the discussion of our reciprocal rights and duties is to be regretted exceedingly, because the divergence of the opinions avowed on both sides may give rise, by its duration, to acts of violence which will occasion annoying comj)lications. In the nieantime the undersigned deems it his duty to incpdre what the intentions of the Ini|iiTial < loverninent are as regards the measures to be adopted for the avoid- anci^ of tlir coiiiplicarioiis which would be the outcome of the peremptory execution of the aforesaiil rcizulations. The undersigned flatters himself that the Imperial Government will regard this step simply as the result of his earnest desire to avert the dangers which might threaten to disturl) the good understanding which so hajjpily exists between the two powers, and, awaiting a favoral^le rei)ly, he has the honor to renew to his exellency the secretary of state the assurance of his high consideration. (Signed) H'v Middletox. St. Petersburg, Jnhi 27tli, 1822. [Iiiflosure No. 3.] The undersigned secretary of state, acting minister of foreign affairs, hastened to lay before the Emperor the note which Mr. Middleton, envoy extraordinary and minister jilenipotentiary of the United States of America, addressed to him on the 27th ultimo, calling the attention of the Imperial ministry to the correspondence which has passed between the envoy of Russia at Washington and the United States Government, with regard to certain clauses of the regulations issued September 4/10, 1821, which were designed to protect the interests of Russian commerce on the northwest coast of North America. l>eing actuated by the constant desire to maintain in all their integrity the friendly relations existing l)etween the cjiurt of Russia and the United States Government, the Emperor has been pleased to forestall the wishes which have just been made known to him. Major-General Baron de Tuyll, who has been appointed to the post that was filled by Mr. de Poletica, received orders to devote himself to the impor- tant task whicli his predecessor would have performed had the state of his health allowed him to prolong his stay in America. Having no doubt of the friendly disposition which will 1)e manifested by the American Government in the negotiations whicii are about to be set on foot by 46 DIPLOMATIC CORRESPONDENCE General Tuyll, and feeling assured in advance that, by a series of these same negotia- tions, the interests of the commerce of the Russian American Company will be pre- served from all injury, the Emperor has caused the vessels of the Imperial navy which are about to visit the nortlnvi'st coast to l)e furnished with instructions which are very much in keeping with the object that hoth Governments desire to attain, by mutual explanations, in a spirit of justice, harmony, and fri*Midship. "^Having thus removed, so far as he is concerned, everything tliat miglit have given rise to the acts of violence which the American (iovernment seems to have been long apprehending. His Imperial Majesty trusts that the President of the United States will in turn adojjt such measures as his wisdom may suggest to him as liest adapted to rectify all those errors, that have been intensiried by that malevolence which seeks to misconstrue intentions and jeopardize the amicable relations of the two Governments. As soon as the shippers and merchants of the Uniteeen brought into collision upon the northwest coast of America, and which have heretofore formed a subject of correspondence between the two Governments, as well at Washington as at St. Petersburg. The undersigned is further commandecl to add that, in pursuing, for the adjustment of the interests in c[uestion, this course, equally congenial to the friendly feelings of this nation towards Russia and to their reliance upon the justice and magnanimity of His Imperial ^Nlajestv, the President of the United States confides that the arrangements of the cabinet of St. Petersburg will have suspended the possil)ility of any consequences resulting from the ukase to which the Baron de Tuyll's note refers which could affect the just rights and the lawful commerce of the United States during the amicable discussion of the subject between the Gov- ernments respectively interested in it. The undersigned, etc., John Quincy Adams. J//'. Adams to JL. MddJdoa. No. 16.] Department of State, Wasluimton, Juhj 22, 182S. Sir: I have the honor of inclosing, herewith, copies of a note from Baron de Tuyll, the Russian minister, recently arrived, proposing, on 48 DIPLOMATIC CORRESPONDENCE the part of Hi.s Majest}' the Emperor of Russia, that a power should he ti'aiisHiitted to you to enter upon a iieyotiation with the ministers of his (lovernment eoncernin^- the ditferences which have arisen from the impei-ial ukase of -ith (16th) Septemher, 1821, relative to the northwest coast of America, and of the answer from this Department acceding- to this proposal. A full power is accordine'ly inclosed, and you will consider this letter as communicating- to you the President's instructions for the conduct of the negotiation. From the tenor of the ukase, the pretensions of the Imperial Gov- ernment extend to an exclusive territorial jurisdiction from the forty- fifth degree of north latitude on the Asiatic coast to the latitude of fift^^-one north on the western coast of the American continent: and they assume the right of interdicting- the rtarlgatton and the lishery of all other nations to the extent of one hundred miles from the whole of that coast. The United States can admit no part of these claims. Their right of navigation and of fishing is perfect, and has been in constant exer- cise from the earliest times, after the peace of 1783, throughout the whole extent of the Southern Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions, which, so far as Kvissian rights are concerned, are confined to certain islands north of the fifty-fifth degree of latitude, and have no existence on the continent of America. The correspondence between Mr. Foletica and this Department con- tained no discussion of the principles or of the facts upon which he attempted the justification of the imperial ukase. This was purposely avoided on our part, under the expectation that the Imperial Gov- ernment could not fail, upon a review of the measure, to revoke it altogether. It did, however, excite much public animadversion in this country, as the ukase itself had already done in England. I inclose herewith the North American Review far October, 1822, No. 37, which contains an article written by a person fully master of the subject; and for the view of it taken in England, I refer you to the 52d number of the Quarterly Review, the article upon Lieutenant Kotzebue's voyages." From the article in the North American Review it will be seen that the rights of discovery, of occupancy, and of uncontested possession, alleged by Mr. Foletica, are all without foundation in fact. It does not appear that there ever has been a permanent Russian settlement on this continent south of latitude 59: that of New Ai'ch- angel, cited l)y Mr. Foletica, in latitude 57° 30', being upon an island. So far as prior dhcovcry can constitute a foundation of right, the papers which 1 have referred to prove that it belongs to the United States as far as 59*^ north, by the transfer to them of the rights of Spain. There is, however, no part of the globe where the mere fact of discovery could be held to give weaker claims than on the North- west coast. ''The great sinuosity,'' says Huml)oldt, "formed ))v the coast between the 55th and 60th parallels of latitude em])rac(^-! discov- eries made by Gali, Behring and Tchivikoif, Quadra, Cook, La Ferouse, Malespier, and Vancouver. No Pvuropean nation has yet formed an establishment upon the inmiense extent of coast from Cape Mcndosino to the 59th degree of latitude. Beyond that limit the Rus- "For article in Quarterly Review, see Fur Seal Arl)itratioii, Vol. IV, p. 227. For North American Review, II)., p. 244. RELATING TO TREATY OF 1824. 49 8ian factories coimnenee, most of which are scattered and distant from each other, like the factories established l\y tiie European nations for the last three centuries on the coast of Africa. Most of these little Russian colonies connnunicate with each other only l)y sea, and the new denominations of Russian-America, or Russian possessions in the new continent, must not lead us to believe that the coast of Behring-s Bay, the peninsula of Alaska, or the country" of Ischuo-atschi, have become Russian provinces in the same sense given to the word when speaking of the Spanish provinces of Sonora or New Biscay." — (Hum- boldt's New Spain, \o\. iiid, book 3d, ch. 8, p. 496.) In Mr. Poletica's letter of 28th Februar}^, 1822, to me, he says that when the Emperor Paul I granted to the present American Company its first charter in lT9y he gave it the exclusive jjossession of the northw^est coast of America, which belonged to Russia, from the 55th degree of north latitude to Behrings Strait. In his letter of 2d of April, 1822, he says that the charter to the Russian-American Company, in 1799, was merel}' conceding to them a part of the sovereignty, <>r^ ratJiei\ certain e.i-clusive j^^^'viJeges of commerce. This is the most correct view of the subject. The Emperor Paul granted to the Russian-American Company certain exclusive privi- leges of commerce — exclusive with reference to other Russian subjects; ])ut Russia had never before asserted a right of sovereignty over any part of the North American continent, and in 1799 the people of the Tnited States had been at least for twelve years in the constant and uninterrupted enjoyment of a profitable trade with the natives of that very coast, of which the ukase of the Emperor Paul could not deprive them. It was in this same .year, 1799, that the Russian settlement at Sitka was lirst made, and it was destroyed in 1802 by the natives of the country. There were, it seems, at the time of its destruction three American seamen, who perished with the rest, and a new settlement at the same place was made in 1804. In 1808, Count Romanzofl', being then minister of foreign affairs and of commerce, addressed to Mr. Harris, consul of the United States at St. Petersburg, a letter, complaining of the traffic carried on by citi- zens of the United States with the native islanders of the northwest coast, instead of trading with the Russian possessions in America. The count stated that the Russian Company had represented this traffic as clandestine., by which means the savage istanderx^ in exchange for otter skins, had been furnished with firearms and powder with which thev had destroyed a Russian fort, with the loss of several lives. He expressly disclaimed, however, any disposition on the part of Russia to abridge this traffic of the citizens of the United States, but proposed a convention by which it should be carried on cvch/sirctt/ with the agents of the Russian-American Company at Kodiack, a small island near the promontory of Alaska, at least 700 miles distant from the other settlement at Sitka. On the 4th of January, 1810, Mr. Daschkotf, charge d'affaires and consul-general from Russia, renewed this proposal of a convention, and requested, as an alternative, that the United States should, by a legislative act, prohibit the trade of their citizens with the natives of the northwest coast of America, as unlawful and irregular, and thereby induce them to carry on the trade exclusively with the agents of the 21528—03 11 50 DIPLOMATIC CORRESPONDENCE Russian-Americ-an Company. The answer of the SecretatT of State, dated the 5th of May, 181<>, declines those proposals for reasons which were then satisfactory to the Russian Government, or to which, at least, no reply on their part was made. Copies of these papers, and of those containing- the instructions to the minister of the United States then at St. Petersburg-, and the relation of his conferences with the chancellor of the empire. Count Romanzotf, on this subject, are herewith inclosed. By them it will be seen that the Russian Govern- ment at that time explicitly declined the assertion of any boundar}^ line upon the northwest coast, and that the proposal of measures for confining- the trade of the citizens of the United States exclusively to the Russian settlement at Kodiack and with the ag-ents of the Russian- American Company had been made by Count Romanzoff, under the impression that they would be as advantageous to the interests of the United States as to those of Russia. It is necessarj" now to say that this impression was erroneous. That the traffic of the citizens of the United States with the natives of the northwest coast was neither daiicUdlne nor unlawful nor irregular. That it had been enjoyed many years before the Russian-American Company existed, and that it interfered with no lawful right or claim of Russia. This trade has been shared also l)y the English. French, and Portu- guese. In the prosecution of it the English settlement of Nootka Sound was made, which occasioned the differences between Great Britain and Spain in 17S9 and 179<», ten years before the Russian- American Company was first chartered. It was in the prosecution of this trade that the American settlement at the mouth of the Columbia River was made in 1811, which was taken by the British during- the late war, and formally restored to them on the 6th of October, 1818. By the treaty of the^22d of Feb- ruary, 181 !>, wnth Spain, the United States acquired all the rights of Spain north of latitude 12-; and by the third article of the convention between the United States and Great Britain, of the 2»>th of October, 1818, it was agreed that any country that might be claimed by either party on the northwest coast of America, westward of the Stony Mountains, should, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from that date, to the vessels, citizens, and subjects of the two powers, without prejudice to the claims of either party or of any other State. You are authorized to propose an article of the same import for a term of ten 3'ears from the signature of a joint eonv^ention between the United States, Great Britain, and Russia. The right of the United States from the forty-second to the fort}^- ninth parallel of latitude on the Pacific Ocean we consider as unques- tionable, being founded, first, on the acquisition by the treaty of February 22, 1819, of all the rights of Spain; second, by the discovery of the Columbia River, first from sea at its mouth, and then by land by Lewis and Clarke; and third, I)}' the settlement at its mouth in 1811. This territory is to the United States of an importance which no possession in North America can be of to any European nation, not only as it is but the continuity of their possessions from the Atlantic to the Pacific Ocean, but as it offers their inhabitants the means of establishing hereafter w'ater communications from the one to the other. RELATING TO TREATY OF 1824. 51 It is not conceivable that an}" possession upon the continent of North America should be of use or importance to Russia for any other pur- pose than that of traffic with the natives. This was in fact the induce- ment to the formation of the Russian American Company and to the charter granted thiMU hy the Emperor Paul. It was the inducement to the ukase of the Emperor Alexander. By ottering- free and equal access for a term of years to navigation and intercourse with the natives to Russia, within the limits to which our claims are indisputable, we concede much more than Ave obtain. It is not to be doubted that, long before the expiration of that time, our settlement at the mouth of the Columbia River w ill become so considerable as to otier means of use- ful commercial intercourse with the Russian settlements on the islands of the northwest coast. With regard to the territorial claim, separate from the right of traffic with the natives and from any system of colonial exclusions, we are willing to agree to the boundary line within which the Emperor Paul had granted exclusive privileges to the Russian American Com- pany, that is to say, latitude 55^. If the Russian Government apprehend serious inconvenience from the illicit traffic of foreigners with their settlements on the northwest coast, it may be etfectualh' guarded against by stipulations similar to those, a draft of which is herewith subjoined, and to which you are authorized, on the part of the United States, to agree. As the British ambassador at St. Petersburg is authorized and instructed to negotiate likewise upon this subject, it may be proper to adjust the interests and claims of the three powers by a joint conven- tion. Your full power is prepared accordingly. Instructions conformable to these will be forwarded to Mr. Rush at London, with authority to communicate with the British Government in relation to this interest, and to correspond with you concerning it, with a view to the maintenance of the rights of the United States. I am, etc., John Quincy Adams. Henry Middleton, Envoy Kdraordinary and 2ftniMer Plenipoteidlary of the United States^ St. Petershurg. [Inclosure to No. 16.] Draft of treaty hefween the United States and Russia. Art. I. In order to strentrthen the l)onds of friendphip and to preserve in future a perfect harmony and good understanding between the contracting parties, it is agreed that their respective citizens and subjects shall not be disturbed or molested, either in navigating or in carrying on tlieir fisheries in the Pacific Ocean or in the South Seas, or in landing on the coasts of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the country; subject, nevertheless, to the restrictions and provisions specified in the two following articles. Art. II. To the end that the navigation and fishery of the citizens and subjects of the contracting parties, respectively, in the Pacific Ocean or in the South Seas, may not be made a pretext for illicit trade with their respective settlements, it is agreed that the citizens of the United States shall not land on any part of the coast actually occupied by Rus.^ian settlements, unless by permission of the governor or commander thereof, and that Russian subjects shall, in like manner, be interdicted from landing without permission at any settlement of the United States on the said northwest coast. 52 DIPLOMATIC CORRESPONDENCE Art. III. It is agreed that no settlement shall be made hereafter on the northwest coast of America by citizens of the United States or under their authority, north, nor by Russian subjects, or under the authority of Russia, south of the iifty-tifth degree of north latitude. (For other inclosures see American State Papers, Foreiiin Relations, Vol. V, pp. 436-438. ) Mr. AdHhis to Mr. Bush. No. 70.] Department of State, Wa.sJuugton, July %2, 1823. Sir: Amono- the subjects of neg-otiation with Great Britain which are pressing- upon the attention of this Government is the present con- dition of the northwest coast of this continent. This interest is con- nected, in a manner l^ecoming- from day to day more important, with our territorial rights: with the whole system of our intercourse with the Indian tribes; with the boundary relations between us and the British North American dominions; with the fur trade; the lisheries in the Pacific Ocean; the commerce with the Sandwich Islands and China; with our boundary upon Mexico; and. lastly, with our political standing- and intercourse with the Russian Empire. By the thii'd article of the convention between the United States and Great Britain of October 2(», 1818, it is agreed that any ''country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten 3'ears from the date of the signature of the convention, to the vessels, citizens, and su Injects of the two powei-s; it being well understood that this agreement is not to be con- strued to the prejudice of any claims which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other power or state to any part of the said country, the only object of the high contracting parties in that respect being to prevent disputes and differences amongst them- selves." On the 6th of Octol)er. 1818. fourteen days l)efore the signature of this convention, the settlement at the mouth of Columbia River had been formally restored to the Ignited States ])y order of the British Government. (Mossag-c of the President of the United States to the House of Representatives, April 15, 1822, p. 13. Letter of Mr. l*revost to the Secretary of State of November 11, 1818.) By the treaty of amity, settlement, and limits between the United States and Spain of Feljruary 22, 1819, the boundary line between them was fixed at the forty-second degree of latitude, from the source of the Arkansas River* to the South Sea; ]\v which treaty the United States acquired all the rights of Spain north of that parallel. The right of the I'nited States to the Columbia Hiver and to the interior territory washed by its waters rests upon its discovery from the sea and nomination by a citizen of the United States; upon its exploration to the sea by Captains Lewis and Clarke; upon the settle- ment of Astoria, made under the protection of the United States, and thus restored to them in 1818; and upon this subsequent acquisition of all the rights of Spain, the only European power who prior to the RELATING TO TREATY OF 1824. 53 discoveiT of the river had w.y(.y.s/Vy//. It appears upon examination that these claims have no foundation in fact. The right of discovery on this continent claimable b}^ Russia is reduced to the probabilit}' that in 171:1 Captain Tchirikolf saw from the sea the mountain called St. Elias, in about the 59th degree of north latitude. The Spanish navigators as early as 1582 had discovered as far north as 57- 30'. As to occupancy. Captain Cook in 1779 had the express declaration of Mr. Ismaeloff, the chief of the Russian settlement atOnalashka, that they hitin nothing of the continent in America; and in the Nootka Sound controversy between Spain and Great Britain it is explicitlv stated in the Spanish documents that Russia had disclaimed all pretension to interfere with the Spanish exclusive rights to heyond Prince Williams Sound, latitude 61'. No evidence has been exhibited of any Russian settlement on this continent south and east of Prince Williams Sound . to this day, with the exception of that in California, made in 1816. It never has been admitted by the various European nations which have formed settlements in this hemisphere that the occupation of an island gave any claim whatever to territorial possessions on the con- tinent to which it was adjoining. The recognized principle has rather been the reverse, as, by the law of nature, islands must be rather con- sidered as appendages to continents than continents to islands. The only color of claim alleged by Mr. Poletica which has an appear- ance of plausibility is that which he asserts as an authentic fact: "That in 1789 the Spanish packet St. Charhs, commanded by Captain Haro, found in the latitude 1:8- and 19^ Russian settlements to the nuinber of eight, consisting, in the whole, of twenty families and 462 individ- uals."' But more than twenty years since Heurieu had shown, in his introduction to the voyage of Marchaud, that in this statenient there was a mistake of at least ten degrees of latitude, and that instead of 48- and 49- it should read 58" and 59". This is pro!)ably not the only mistake in the account. It rests altogether upon the credit of two pri- 54 DIPLOMATIC CORRESPONDENCE ViiU' letters — one written from Sail Bias and the otlier from the City of Mexico, to Spain — there coinmunieated to a French consnl in one of the Spanish ports, and l)v him to the Frencli minister of marine. Thev were written in Octoln'r. ITSS, and August, ITS^. We have seen that in 171»0 Russia explicitly disclaimed interfering- with the exclusive rights of Spain to heijond Prince \\'illiam's Sound in latitude 61^; and Vancouver, in 1794, was informed by the Russians on the spot that their most eHHtcrn settlement there was on Hitchinbrook Island, at Port Etches, which had been established in the course of th< j)recedi7uj summer, and that the adjacent continent was a sterile and an inliabited coantry. Until the Nootka Sound contest Great Britain had never advanced any claim to territory upon the northwest coast of America by rig-ht of occupation. Under the treaty of 17<)3 her territorial rights were bounded by the Mississippi. On the 22d of July, 1T5>3, Mackenzie reached the shores of the Pacitic by land from Canada, in latitude 52^ 21' north, longitude 128^ 2' west of Greenwich. It is stated in the r)2d number of the Quarterly Review, in the article upon Kotze))ue's voyage, "that the whole country, from latitude of! 30' to th(' boundary of the United States, in latitude 48 - or thereabouts, is now and has long been in the actual possession of the British North- west Company; '' that this company have a post on the borders of a river in latitude 54"- 30' north, longitude 125'-' west, and that in latitude 56^ l.y north, longitude 121)- 44' west, ''by this time (March, 1822) the United Company of the Northwest and Hudson's Bay have, in all probability, formed an establishment.'' It is not imaginaV)le that, in the present condition of the world, any European nation should entertain the project of settling a colony on the northw^est coast of America. That the United States should form establishments there, with views of absolute territorial right and inland connnunication, is not only to be expected, but is pointed out by the tingei" of nature, and has been for many years a subject of serious delil)eration in Congress. A plan has for several sessions been liefore them for establishing a territorial government on the borders of the Columbia River. It will undoubtedly be resumed at their next session, and even if then again postponed there cannot be a doubt that in the course of a verv fcAv vears it must be carried into effect. As yet, however, the only useful purpose to which the northwest coast of America has been or can be made .subservient to the settle- ments of civilized men are the fisheries on its adjoining seas and trade with the aboriginal inhabitants of the country. These have hitherto l)een enjoyed in common by the people of the United States, and by the British and Russian nations. The Spanish, Portuguese, and French nations have also participated in them hitherto, without other annoy - anct^ than that which resulted from the exclusive territorial (daims of Spain, so long as they were insisted on by her. Tile United States and Great Britain have both protested against the Russian im])erial ukase of September 4 (10), 1821. At the proposal of the Russian (Jovernment, a full power and instructions are now trans- mitted to Mr. Middleton, for the adjustment, by amicable negotiation, of the conriicting claims of the parties on this subject. RELATING TO TREATY OF 1824. 55 We have been informed by the Baron de Tuyll that a similar author- ity has been given on the part of the British Government to Sir Charles Bagot. Previous to the restoration of the settlement at the mouth of Colum- bia Kiver in 1818, and again upon the first introduction in Congress of the plan for constituting a Territorial government there, some disposi- tion was manifested by Sir Charles Bagot and by Mr. Canning to dis- pute the rigid of the United States to that establishment, and some vague intimation was given of British claims on the northwest coast. The restoration of the place and the convention of 1818 were considered as a final disposal of Mr. Bagot's objections, and Mr. Canning declined committing to paper those which he had intimated in conversation. The discussion of the Russian pretensions in the negotiation now proposed necessarily involves the interests of the three powers, and renders it manifestly proper that the United States and Great Britain should come to a mutual understanding with respect to their reiky Middleton. [Inclosure to Xo. 29.— Translation.] Count Nesselvocle to Mr. Middleton. St. Petersburg, August 22, 1823. Sir: On quitting St. Petersburg the Emperor charged me to announce to you that as he had given me orders to follow him on his journey he had authorized Mr. Pole- tica, actual counsellor of state, to begin with you, sir, the conferences relative to the differences which have arisen between Russia and the United States in consequence of the new regulation given to the Russian American Company by the ukase of his Inqierial Majesty dated Sejiteinber 4 (16), 1821. These conferences will have for their aim to prepare the way for the definitive adjustment of these differences, and I doubt not they will facilitate this result so eagerly desired by the J'hniterur. I seize with pleasure the dccasion which is offered to me of repeating to you, sir,, the assurance of my most distinguished consideration. Nesselrode. E.vtract of a letter f win 21 r. ^Dddldon to Mr. Adenns. No. 32.] St. Petersburg, Novemltr 1 {IS), 1823. Shortly after the receipt of the instructions contained in No. 16 I had several conferences with Mr. Poletica, as well as with Sir Charles 68 DIPLOMATIC CORRESPONDENCE Baoot. upon the subjcft referred to in that despatch. I found that the tirst named of the.se oenthMiien had no powers to cv>;i(-///iMn that the claims of S])ain extended to the other side of Prince William SihiikI, situated in the (ilst dcuiee of north latitude; and that the court of Russia, haviiii; had information of the extent of these limits, has declared that she had no intention of opposing it; that she had even added expressions of regret that her repeated orders to prevent the violation of the territory of Spain by Russian subjects should have been* disobeyed. It is then demonstrated that Russia in the year 1790 was far from forming any territorial claim for herself upon the continent of North America on this side of the 61st degree of north latitude. The principle upon which England insists is, that the Northwest coast of America, north of the actual establishments of Spain, ought not to be deemed to belong exclu- sively to any European. Thus England did not, like Russia, admit the exclusive claims of Spain as far as the 61st degree; and it appears that, in consequence, she took for the basis of her stipulations in the treaty of the 2Sth of October, 1790, the principle that the rights of freely navigating and lishing in the Pacitir ( )(ean, and of trading with the natives of the coast, by landing in the unoccujiied places and there making establishments, are common to all nations. The 5th article, moreover, sti]>nlates that in all parts of the Northwest coast of North America, or of tlic adjacent islands, situated to the north of the parts of said coast occupied by the Sj.aniards before the month of April, 1789, as well in the places restored as in those where the sul)jects of one of the two powers shall come to form establishments, the subjects of the other shall have free access, and shall carry on their trade without trouble or molestation. Besides, sev- eral other articles of immediate interest to the two nations, but which involve no general principle, were agreed on. From what precedes, it will be readily perceived what was the relative position of the three powers in their claims upon the Northwest coast of America in the year 1790. Russia confined herself on the other side of the 60th degree of north latitude, whilst Spain and England had conventionally fixed their respective rights in all the parts of the Northwest coast situated from the last establishments of Spain to the south of Cape Mendocino, to the HOth degree, inclusive. Nine years after the Emperior Paul granted to the Russian American Company (see note h) certain exclusive privileges of commerce on these coasts as far as the 55th degree of north latitude (see note c), e.rchtsire, it must be believed, in respect to other Russian sabjecls simply, for Russia had never claimed sovereignty of the part of this coast situated on this side of the 60th degree, to which, on the contrary, she had recognized the rights of Spain; and in the year 1799 several nations, and especially the United States of America, for more than twelve years had pursued a free and uninterrupted trade with the natives of this coast, from which, consequently, the ukase of that State neither ought nor could exclude them. It is difficult to be convinced of the fact that such was the intention of the ukase when attention is paid to the declaration of Russia (known to all Europe) of which we have made mention before. Yet, to be enabled to judge if the claim of having exclusive rights upon all the coast, even to the 55th degree, could be justified by facts, it may be useful to take a hasty review of the discoveiics of Russia in the Fjixtcni Ocean as to them, and, for this purpose, let us refer to note '/, partly cxtractcil from the work of M. Levesque. It appears by this extract tiiat lU'liring and Tschirikoff arc the only Russian navi- gators who touched at the continent of America, on this side of the tidtli decree, pre- vious to the year 1790; and it is even on this sole circunistancc tiiat a loumlation was made for forming a claim to the discovery and the possession of this coast. It is alleged "that in 1789 the Spanish packet San Carlos, commanded by Captain de Haro, found, in latitude 48° to 49°, Russian establishments to the number of eight, making in all twenty families, or 468 individuals." But it may be answered, that it is more than twenty years since M. de Fleurieu demonstrated, in the learned histor- ical introduction to the voyage of Captain Marchaud, that there must be in this recital an error of ten degrees of latitude at least, and that, instead of 48° to 49°, it ought to read 58° to 59°. It is even very probal3le that that is not the only error which is in the relation, for that story originates from two private letters, the one written from San Bias, the other from Mexico, connnnnicatecl to a French consul in RELATING TO TREATY OF 1824. 61 one of the ports of Spain, and l)y him to the minister of marine in France. The dates are, October, 1788, and Angust, 1789. Now, we have jnst seen that in the fol- lowing year Russia confirmed the rights of Spain as far as the other side of Prince William's Sound, in the latitude 61 degrees. It can scarcely, then, be necessary tor lay more stress upon the trifling importance of the alleged circumstance. It ajjpears that Tschirikoff never landed, but having approached the coast without knowing if it were the continent or an island, and having successively sent his long boat, and then his canoe, he lost both, together with the men who were in them, whom he believed to be massacred by the natives of the country, and then he returned to Kamt^ehatka. Behring, oii his part, discovered and examined the bay (strait) which bears his name. Captain Vancouver learned, in 1794, from the Russians themselves, upon the spot, that their most easterlv establishment wa^ then at port Eches, in Hinchin Brook island ( Tcltatcha island of the Russians, and MinjiJulernt of the Spaniards, in latitude 60° 25'), where they were established the ])receding sunnner, and that the cnnt'ment in the vicinitv of that place was barren and niiinJiuhltt'd. From these facts, incontestibly proved by historical documents, an irresistible con- clusion follows, which agrees with the declaration of Russia in 1790; and it ought to appear definitive that she had no right to claim, either under the title of discovery or of possession, on the continPiif east or south of Behring's Strait, al)Out the 60th degree of north latitude. Moreover, the note (e) on the diplomatic communications between the Govern- ment of the United States and Russia, on this subject, will make known what were the ideas of the Imperial minister during the year 1810. It will be perceived, by the recital of what parsed in the conferences of Sejjtember and October of that year, that the Imperial (iovernment was then undecided what side it should have taken defini- tively, for foreign commerce, on the northwest coast, either Russian or Spanish, of North America. It will also be remarked that the Government of the United States had, till then, principally insisted on the difficulty of pronouncing in a case where Spain ought to have claims. This scruple proves, at least, how attentive it was not to do prejudice to the right of a third. In expectation of the decision which thus remained in suspense the commerce of the United States increased very t-onsiderably in these latitudes. It is easy to prove, even bv the authority of Russian voyagers, what the extent of this commerce was. Among others, M. Lisianski had remarked, from the year 1804, that the Russians could collect as many as eigh't thousand otters' skins annually, in the bay of Sitka, if they had the means of excluding the Americans from this trade, whilst at that time they onlv took from thence about three thousand. (See page 236, English edition.) It will be sufficient to add that in the last years there has been sent from the ports of the United States, in the season for trade on the northwest coast, as many as sev- enteen merchant vessels, which are for the most part in the habit of trading in China with the cargoes which they obtain on this coast and in the islands of the Pacific Ocean. It is now time to consider what can be the foundations of the territorial claims of the United States of America upon the northwest coast of their continent. Their bordering position to one part of that coast gives them a much greater importance for themselves than for any of the powers of Europe. The territory situated west of the ancient provinces of tlie Ignited States presents to them contiguity of possessions from the Atlantic to the Pacific Ocean, and will afford their inhabitants the means of estaljlishing communications of internal navigation from the one sea to the other. The two ships which had been seized by INIartinez were released by him to con- tinue the navigation which they had attempted around the glol)e. During this voyage the sloop Columbia anchored the first in a great river, which had been but imperfectly discovered by Quadra, and which Vancouver was unable to find again, but whi(;h is since known under the name of Colimibia. An establishment has been since formed at its mouth, under the protection of the United States, whose Government has also sent by land for the same destination a military expedition under the command of Captains Lewis and Clarke. These officers have visited and ex])lored the country surrounding this river and its tributaries, and have published a chorographical account of it. During the last war between the United States and Great Britain the fort situated at the mouth of the river was ;riven up to the English, but they afterwards restored it to the United States, under the stipulation of the first article of the treaty of peace. To the rights acquired by that possession, situated on the coast of the continent under 46° l.y of north latitude, and contiguous to their ancient territory, the United States have joined those which they derive from the treaty of limits with Spain, signed at Washington, Februarv 22, 1819. By the third article of this treaty His 62 DIPLOMATIC CORRESPONDENCE Catholic :\Iajfsty cedes to the United States all his rights, claims, and pretensions to the territories situated to the north of the 42d parallel of latitude, from the source of the river Arkansas to the great ocean. It may l>e useful to remark here that the establishment at Nootka lias been aban- doned both by Spain and tiy England; and that it appears probable that these two nations have not now any possession upon tiie northwest coast between the42d and the 60th degrees of north latitude. The Russians have An establishment upon the island of Sitka," in latitude 57° 50'. This fort, built in 1799, was destroyed three years after by the natives, of the country, and reestablished in 1804 by Mr. Lisianski, who called it New Archangel. Russia can not, however, avail herself of the circumstance of that posse.ssion to form a founda- tion for rights upon the continent, the usage of nations never having established that the occupation of an island could give rights upon the neighboring continent. The principle is, rather, that the islands ought to be considered as dependent upon the continent, than the inverse of the proposition. It appears, then, that the position of Russia relative to her rights upon the north- west coast of America had not at all changed since 1790. The Russian- American Company had enjoyed its exclusive rights granted by the Iilmperor Paul. It had prospered and formed an establishment in the limits marked out by the ukase of 1799. It had, however, never pretended to exclude other nations from a commerce shared with them for so long a time; luit it saw with jealousy its profits diminished by this rivalship. In tine, it took a violent part, and at length obtained by its solicita- tions the ukase of 4th (IHth ) Sei>teud)er, 1821. In speaking of this measure, we shall make it our business to say nothing but what appears strictly necessary to set it in its true light, convinced, as we are, that the enlightened Government from whence it emanates will listen with good will to observations conceived with the intention of obtaining nothing but what is just in itself and useful to all interested. The ukase, by its first three articles, under the form of a grant to a private associa- tion, presupposes the existence of exclusive territorial rights (a pretension unknown till now) on a great extent of continent, with the intervening islands and seas, and it forbids all foreign nations from approaching nearer them than one hundred Italian miles to these coasts. The ukase even goes to the shutting up of a strait which has never been till now shut up, and which is at present the principal object of discov- eries interesting and useful to the sciences. The very terms of the ukase bear that this pretension has now been made known for the lirst time. The following sections relate to the seizure of vessels, and to the proceedings before the tribunals against those who infringe the regulation, and might furnish remarks worthy of attention as to the right of visit against ships in times of peace, permitted even to merchant vessels, as well as upon other points. But it is thought better to pass over these matters as simply accessories to the principal point. Nothing is intended but first to know if the vast territory contained in the limits marked out by the ukase is, in fact, incorporated with the Empire of Russia upon admissible principles. All jurists are agreed upon the principle that real occupation only can give the rights to the property and to the sovereignty of an unoccui)ied country newly dis- covered. (See note/'.) With all the respect which we owe to the declared intention and to the determina- tion indicated by the ukase, it is necessary to examine the two points of fact: 1st, if the country to the sor.th ami east of i'.ehring's Strait as far as the 51st degree of north latitude is "found strictly unoccupied; 2d, if there has been latterly a real occupation of this vast territory. We Iiave al reads" seen in the summary of the dispute between England and Spain what was the decision of Russia upon the first point. It cannot be necessary for us to repeat it. As to what regards the real occupation, one may be convinced, on having recourse to the charts officially published by the Russian Government, that the only estab- lishment on this side of the 60th degree is that which is found on the island of Sitka, situated imder 57° 80' of latitude, and consequently more than six degrees from the southern limit fixed by the uka.se. The conclusion which must necessarily result from these facts does not appear to establish that the territory in question had been legitimately incorporated with the Russian Empire. «The Tchinkitane of the Indians in the Bay of Guadalupe oi the Spaniards in 1775, and the Norfolk Bai/ of the English of 1787. RELATINa TO TREATY OF 1824. 63 The extension of territorial rights to the distance of a hnnch-ed miles from the coasts upon two opposite continents, and the prohibition of approaching to the same dis- tance from these coasts, or from those of all the intervening islands, are innovations in the law of nations and measures unexampled. It must thus be imagined that this prohibition, bearing the pains of confiscation, applies to a long line of coasts, with the intermediate islands, situated in vast seas, where the navigation is subject to innumerable and unknown dithculties, and where the chief employment, which is the Avhale fishery, cannot be compatible with a regulated and well-determined course. ( See note (/. ) The right cannot be denied of shutting a port, a sea, or even an entire country against foreign commerce in some particular cases. Bat the exercise of such a right, unless in the case of a colonial system already estal)lished, or for some other special object, would be exposed to an unfavorable interjiretation, as being contrary to the liberal spirit of modern times, wherein we look for the Ijonds of amity and of recip- rocal commerce among all nations being more closely cemented. Universal usage, which has obtained the force of law, has established for all the coasts an accessory limit of a moderate distance, which is sufficient for the security of the country and for the convenience of its inhabitants, but which lays no restraint upon the universal rights of nations nor upon the freedom of commerce and of navi- gation. (See Vattel, B. I, chap. 23, sec. 289. ) In the case where this territorial limit would be insufficient, it is always allowable to make to it the augmentations which may be desired, by the way of diplomacy, in concluding treaties with tlie nations that might be found interested in it, the only means of reconciling them to the species of constraint which must necessarily result in this case to the maritime powers. The only object of these oltservations is to induce a reconsideration of all this ques- tion, in general, on the part of the Russian Government, whose just and reasonable disposition can not be doubted, and to prevail upon it to' adopt the measures which its wisdom shall point out to it as most proper to mitigate the inconveniences which arise to foreign nations from the decree on the privileges of the Russian American Company. NOTE (e).<^ Abstract of diplomatic cotnmiuiiratiuns betireen the United States and Busyia on the suhject of the trade of the northuest coast. Count Romanzoff, minister of foreign affairs and of commerce, acquainted the charge d'affaires of the United States at St. Petersburg, in the year 1808, "that the American Company had represented to him that the ships of the United States, instead of trading with the Russian possessions in America, went thither to carry on a clan- destine traffic with the savages, to whom they furnished, in exchange for otters' skins, firearms and powder, the use of which, till then unknown to these islmtilirs, had been in their hands very hurtful to the subjects of His Imperial ^lajcsty; and that the cit- izens of the United States had become themselves the victims of the imprudent spec- ulation of their countrymen." (His excellency doubtless meant to speak of the destruction of the Russian fort at Sitka, in 1801 , of which Mr. Lisianski gives the account in his voyage from 1803 to 1806.) His excellency requests the charge d'affaires to makeknown these established facts to his Government and to call its serious attention to them, adding "that the care it takes of becoming distinguished by the scrupulous combination of its interests with those of other powers, and its respect for the law of nations, excite the hope that this illicit traffic will meet with its disapprobation, and that rigid orders will put a stop to it." The charge d'affaires of America, in acknowledging the receipt of this note, prom- ised to convey information of the reclamation to his Government. Mr. Daschkoff, charge d'affaires of His Imperial Majesty, renewed, under date of January 4, 1810, the same lepiesentation to the Government of the United States at Washington; and he pim|iosim1 as a remedy the medium of a regulation of the Gov- ernment of the United States which should forbid to their citizens all commerce with the natives of the northwest coast of America, and which should confine them to trade with the Russian factories in the said latitudes; in a word, he solicited a law of the United States, or a convention between the two Governments, to declare all com- merce with the natives of the country to be contraband. This negotiation was put off to another time, Mr. Daschkoff not being authorized to fix a latitude which might serve as a line of demarkation to American vessels that might trade on these coasts; «See American State Papers, Foreign Relations, Vol. V, pp. 453-457, for notes omitted. 64 DIPLOMATIC C(>rrespondp:nce and it ai)pears l)y his letter of April 24, 1810, that he "was under the necessity of waitinji as long as he could to receive correct information of the (ji'oijrujiJtlcal sKnaiwn of the Russian' establishments." The Government of the United States answered hiin, under date of [May 5, 1810, that it would afford the President the utmost satisfaction to come to an equital)le arrangement for the commerce of the United States with the natives in the Russian establishments; but that, the instructions of ]Mr. Daschkoft" not having authorized him to fix a precise line of demarkation, tlie definitive arrangement of tliis (]uestion was not at present p()ssil)le; l)ut that if this dhstacle were even removed by the full powers of his (Tovernmeut, others of a verv delicate nature would present themselves to it. That on the supposition that the natives of the country should be found under the jurisdiction of Russia, the United States would liave only to abandon their merchants to the penalties incurred by those who carry on a contraband trade in a foreign jurisdiction; that if, on the contrary, the natives ought to be regarded as indei)end- ent tribes, Russia could not prohibit foreigners from trading with them, unless in contraband of war and in time of war, in which case she can herself put in execu- tion the prohibition on the open sea. The same rule may be applicable if the natives are considered as rebels or insur- gents against the authority of Russia. Considering the sul)ject in this point of view, it would be difiicult for the Ignited States, notwithstanding their constant desire of giving proofs of tlieir frieud^-iii]! and of tluir respect toward his Imperial Majesty, to receive tliis jiropo.^itioii by n-i-d-niziiiL;- <\\r\\ a stati' of things, since, in pronounc- ing upon opposite iirelensions. they might expose tlicmselves with Spain, whose rights upon the northwest coast of America extended to the south of the establish- ments of Russia; and, in fine, that if such an arrangement should be i)roposed to Congress it would still want there the basis of reciprocity. In expressing the senti- ments of the Government of the United States, the Secretary of State added the expression of the desire that it might be found conformable to the benevolent and magnanimous intentions of His Imperial JNIajesty to favor the commerce of the United States, as well with the natives of the country as with the Russian establishments in these latitudes, in all the objects which may not be of a nature to be prejudicial to either. In the month of September, 1810, his excellency Count Romanzoff, in a conference with Mr. Adams, minister of the United States at St. Petersburg, explained to him his ideas on thecomiuciccof the northwest coast of America. His excellency observed that Russia had cstalilisliuu-nts on this coast from which a very advantageous trade ■with China might be carried on; that the Imperial Government had sent thither two ships, under the eonnnand of Captain Krusenstern, who had proceeded from thence to China; that, although the port of Canton be open to all the Kurojiean nations, the Chinese had refused to a(lmit the ship of Captain Krusenstern, under the pretext that the Russians had for a long time enjoyed the advantage of an exclusive privilege of trade by land at Kiachta, and that they were pursuaded that if the Russians had had the intention of changing the route of their trade they would have mentioned it beforehand. Count Romanzoff wish-ed, for these reasons, that the trade of the Russian establishments in these parts with China might be carried on by the intervention of American shijis; and as these establishments were in the vicinity of the natives of the country, a race of men ferocious and dangerous, he thought an arrangement possible with the United States by which they might enjoy the trade of the establishments, under the restriction of not furnishing arms and munitions of war to the natives in the neighborhood of these establishments. Upon Mr. Adams observing that he would wish to know what were the limits in which the restriction would oi>erate, his excellency replied that this point required deliberation, but that the Russian cliarts represented the whole coast to the mouth of Columbia River as comjirehended in their ])OSsessions. In a second conference, in the month of ()ctol)er following, 3Ir. Adams mentioned in detail the difficulties which oji]>osed an arrangement of the nature of that which his excellency the minister of trade wished, who finally apjjeared to agree that reci- procity, at least, was wanting to the restrictions which were demanded; and as to what regards the privilege granted for them, namely, the trade with the Russian establishments, it was evident that it did, in fact, already exist (and it may be added, by way of parenthesis, that it was a trade without which the very existence of the Russian rolonies had been often exposed). Besides, his excellency has not raised objections to the continuation of the trade of American vessels with the coasts in the neighborhood of the Russian establishments; he had even declared that this commerce was open to all friendly nations; he had onlv insisted on the inconveniences which resulted from their havinti fnrnislied fire- RELATING TO TREATY OF 1824. 65 arms and powder to the natives. In fine, his excellency observed that, as to what rejjarded the fixing of a limit to the Russian territories, tfie measure presented great difficulties at the moment, and that it would be better to defer this fixing to a future time, in order to avoid possible collisions and every pretext of disc< )ntent and jealousy, for, in the present state of the world, the most ardent wish of his heart was to bring all the civilized nations to pacific dispositions and to avoid everything which might be capable of sowing discord. Mr. Adams saw, about the same time, the memorials of the Russian-American Company, in which a territorial claim was advanced as far as the mouth of Columbia River. Mr. Rush to J//'. xide for the term of ten years. And, second, that the United States were willing to stipulate to make no settlements north of the fifty-first degree of north latitude on that coast, provided Great Britain stipulated to make none south of 51 '-' or north of 55-, and Russia to make none south of 55^. These, I said, were the principal points which I had to put forward upon this subject. The map was spread out before us, and, in stating the points, I endeavored to explain and recommend them by such appropriate remarks as your instructions supplied me with, going as far as seemed fitted to a discussion regarded only as preparatory and informal. Mr. Canning repeated that he had not invited me to call upon him with any view to discussion at present, but only to oljtain from me a statement of the points, in anticipation of the opening of the negotiation, from the motive that he had mentioned of writing to Mr. Bagot. Yet my statement naturally led to further conversation. He expressed no opinion on an}- of the points, but his inquiries and remarks under that which proposes to confine the British settlements within 51"" and 55-" were evidenth- of a nature to indicate strong objections on his side, though he professed to speak only from his first impressions. It is more proper, 1 should say, that his objections were directed to our pro- posal of not letting Great Britain go above 55 - north with her settle- ments, whilst we allowed Russia to come down to that line with hers. In treating of this coast he had supposed that Britain had her northern 21528—03 12 66 DIPI,OMATIC C()RRESPONDE]NCE question with Russia, as her southern with the United States. He could see a motive foi- the United States desiring- to stop the settle- ments of Great Britain southward; l)ut he had not before known of their desire to stop them northward, and. aboAe all. over limits con- ceded to Russia. It was to this etl'ect that his sum'oe.stions went. He threw out no dissent to the plan of joint usufruetion between the three powers of the country westward of the Stony Mountains for the period of time proposed. In the course of my remarks 1 said that the United States no longer regarded any part of that coast as open to European colonization, but only to be used for purposes of traffic with the natives and for fishing in the neighboring seas; that we did not know that Great Britain had ever advanced any claim Avhatever to territory there founded on occu- pation prior to the Nootka Sound controversy; that under the treaties of 1763 her territorial rights in America were l)ounded westward by the Mississippi; that if the Northwest and Hudson's Bay Companies now had settlements as high up as 54- or 55^ we suppose it to be as much as could V)e shown, and were not aware how Great Britain could make good her claims any further; that Spain, on the contrary, had nuich larger claims on that coast by right of discovery, and that to the whole extent of these the United States had succeeded by the Florida treaty; that they w-ere willing, however, waiving for the present the full ad- vantage of these claims, to forbear all settlements north of 51-. as that limit might be sufficient to give them the benefit of all the waters of the Columbia River; })ut that they would expect Great Britain to abstain from coming south of that limit or going above 55-, the latter parallel being taken as that beyond w Inch it was not imagined that she had any actual settlements. The same parallel was proposed for the southern limit of Russia as a boundary within which the Emperor Paul had granted certain commercial privileges to his Russian-Ameri- can Company in 1TH9; but that, in fixing upon this line as regarded Russia, it was not the int(mtion of the United States to deprive tliem- .selves of the right of traffic with the natives above it and still less to concede to that power any system of colonial exclusion above it. Such was the genei-al character of luy remarks which Mr. Canning- said he would take into due consideration. In conclusion I said to him that I should reserve myself for the negotiation itself for such further .elucidations of the subject as might tend to show the justice and rea- sonableness of our propositions. I have the honor to be, etc., Richard Rush, Hon. John Quincy Adams. Secvi'tdrii of State. Mr. Bu.sl, to Mr. Adams. No. 358.] London, Javiarry 19. ]S2Jt. ' Sir: It was an omission in me not to have stated in my connuunica- tion of the 6th instant what are to be the claims of Great Britain on the northwest coast of America, though as yet Mr. Canning has not made them known to me formally. She will claim. I understand, to a point northwards above 55-^^, though RELATING TO TREATY OF 1824. 67 how much above it I am not al)le to say, and southwards as low down as -id--. Whether she designs to push a claim to the whole of this space with earnestness I am also unable as 3'et to say. but wait the more full and accurate disclosure of her views. To a portion of it she will certainly assert her title with great contidence, and she will be chieil}' tenacious of the right which she will allege to settle or colo- nize after her own plans, now or in future, all such parts of that coast, out of the admitted boundaries of other nations, as she can make good her title to. She will regard as alike open (standing upon the question of right) to her future settlements or colonization any part of the North Amer- ican continent, however minute, on the eastern coast, northern coast, or elsewhere, heretofore undiscovered and unsettled by other powers, and which she has recentl}^ explored, or may for the future explore and settle, through her expeditions under Parry and Franklin, or others that she may tit out b}" land or water. I need scarcely subjoin that I shall resist her claims under the lights that your instructions ati'ord me and such others as I may be alile to command; that I shall allege and endeavor to prove, from treaties and other sources, that the true sovereignty over the whole of that coast from the 4i?d to the (ilst or 6<»th degree of north latitude is now vested in the United States; and that, consequently, if the United States are willing to leave to Great Britain her present actual settlements there between 55° and 51"^, it is as much as the latter power can reasonabl}^ ask. Nevertheless, if the President should think that, as connected with any part of this subject, further instructions might prove useful to me, I heg to repeat that I should be thankful to recei^'e them from you, taking the chance of their still getting to hand before the negotiation, not yet ])egun, shall tinally close. I have the honor to remain, &c.. c^c. . &c., Richard Rush. Hon. John Quixcy Adams, Secretai'i/ of Sfatt. Extracts of a Jctti-r from 2Jr. MiddJdoii to Mr. Adams. No. 34.] February 5, (17,) 1824. Sir Charles Bagot not having received any instructions from his court in relation to the Northwest question up to the middle of Decem- ber last, 1 was unwilling to lose an}^ further time, and took occasion (as I informed you in my last it was my intention to do), from Count Nesselrode having expressed an opinion to me, " quMl y avoit beaucoup de vague dans toute cette question,'' to assure him that it was far other- wise, and to request him to receive for his own and for the Emperor's perusal the Confdt-ntial Memorial ., of which I forwarded you the first sketch with my number 33. This was put into his hand on the ITth Deceml)er, and will have changed. I hope, some of the views enter- tained up to that time. 1 think it must appear clearly to all who exam- ine the subject that the acts of this Government in relation to the Northwest coast have originated in errors of fact and of theory. I have within these fcAv days past been notified by Sir Charles Bagot that it is the intention of Great Britain to procf^ed separately in rela- 68 DIPLOMATIC CORRESPONDENCE tion to this interest. I shall abstain from making any I'emark at pres- ent upon this very unexpected turn in the atiair, but 1 am hopeful that the Imperial Goveriuuent will now proceed in the negotiation without further delay, as it has always professed its readiness to do. J//'. Mlddhdon to Ml'. Admni<. PpvIvate.] St. Petersburg, 'Both Fehy. {O. S.), Sir: You will have learnt from Mr. Rush that England has declined treating here conjointly with us in relation to this interest. He informed me of it by a letter under date of 9th January, which was not received by me until the Uth instant (N. S.). He states in the same that Mr. Canning intimated to him that Sir Charles Bagot had only paused under mi/ suggesthm. This j\lr. Rush himself knew to be incorrect, and he appears to have misunderstood ]\lr. Canning wholly, for I have obtained from Sir Charles a secret memorandum in Mr. Canning's own handwriting, purporting to be a statement of the sub- .stance of his conversation with Mr. Rush, a copy of which I herewith enclose. The letter which contained this paper was dated loth Jany., and reed, likewise on the l*th instant. In a despatch of the same date, Mr. Canning informed Sir Charles that it was not until after he had received from h!iii the account of Mr. Hughes's arrival at St. Petersburg, and of our impatience to know what might have been agreed upon in London, that he began to sus- pect that Mr. Rush might have instructions and powers to negotiate there with respect to the delimitation of territory; and upon enquiry of Mr. Rush he found, much to his surprise, that such was the fact. This must have been during the first week in January. The delay which this shows is much to be regretted, as occurrences had arisen in the meantime which were of a character to interpose new difficulties in the wa}^ of both negotiations. In the first instant when this unexpected refusal of England was received here,' it was much to be appreliended that o^^/' situation would have been rendered worse by the striking difference of views it indi- cated between those whose interest in this matter might have been considered until then almost identical. It was to be supposed that Russia would avail herself of the circumstance to hold out longer in pretensions which were not now jointly resisted. I have reason to believe, too, that insinuations were not wanting to put the most un- favorable construction upon the doctrine we had advanced and to make it appear as peculiarly directed against Russia. I have been at considerable pains in endeavoring to efface all impressions of that kind, and I let it be distinctly understood that I should protest in the strongest terms against any delimitation of territory without the par- ticipation of the United States. 1 have the satisfaction to say that onr negotiations commenced on the 9th instant (O. S.), since which we have had only two more conferences. I shall not have time to give any details by the couri'ier now about to depart, but I may say that I begin to see a flattering prospect of succeeding nearly as w^ell vntliout as we should properly have done (riili the assistance of our friends beyond Channel. On the whole I have much reason to be satisfied with the good will and moderation RELATING TO TREATY OF 1824. 69 evinced towards us b}^ this Govt., notwithstanding- the very opposing- attitudes in which we are politically placed. It may be that our frank and consistent conduct inspires respect, but our niar/finie force and the consequent inqMsslhiJiti/ of (Uctation towards us must also be taken into the account. It may be verv well understood that a course differ- ent from that we are pursuing- with regard to Spanish affairs would have pleased better, "'but,*' say they, "England has not the same strong reasons for taking the course she does," and accordinglv they seem to consider Jier as less excusable in what she does. Whatever may be the feeling or views under which they act, I see room to hope that the result of our negotiation will be the adoption of your project of convention with very little alteration. I suppose that our next meeting will enable me to inform you more particularly. I have, etc, Henry Middleton. Hon. John Quincy Adams. Pnclosure to Mr. Middleton's private dispatch of Feb. •2.i. 1S24. Mr. Caimiug to Sir Charles Bagot.] Secret.] Jaxuary 7, 1824. memoraxdum. The original instruction to Sir Charles Bagot was to proceed to negotiate with the Court of St. Petersburg directly and separately. That course of proceeding w as suspended in'consequence of the intimation received thnMigh ^Ir. Rush, and pr^haljly through Mr. Middleton, that the latter might expect instructions from his Govt, to propose uniting the negotiations of the United States and <^ and that we must 72 DIPLOMATIC COKKESPONDPZNCE endeavor to .settle tlie dilf'erence which hud uri.sen between our (iovern- ments "on the basis which mio-ht be found most conformable to our iinitual intci'exts.''^ In answer.- 1 stated that I was perfectly ready to accede to the course proposed by him, althouoh I felt confident that the United States had nothing to apprehend from the strictest exami- nation into their claims and pretensions, but that I must reserve to myself the right, which he would also of course retain on his part, of invoking, occasionally, such principles of national law and of alleging such facts {IS we might, respectively, deem necessary to the defence of the rights and interests of either party. He then in(|uired whether I had prepared any jjraijrf of convention for the settlement of the disjnited points in this question. I placed under his eye the two drafts of which the copies herewith sent are let- tered D and E. (See the documents.) He promised that these papers should be submitted to the Emperor at an earl}^ day, and we parted with an understanding that he would gi\e me notice when I could again [see] him upon the same business. SECOND CONFERENCE. Having received an invitation from Count Nesselrode. I waited on him on Wednesday. February 20, at one o'clock p. m. I found Mr. Poletica with the Count, and. a rescript from the Emperor to these gentlemen was exhibited to me, empowering them to treat and adjust a settlement of the difl'erences which had arisen in consequence of His Majesty's ukase of September 4 (Iff), 1821. (See paper lettered f.) I exhibited to them my power from the President of the United States to the same etfect. and we exchanged copies of the same. Some informal talk then arose respecting* the general merits of the ciuestion we had in hand. 1 shall give a very short statement upon this head, because, according to previous understanding with Count Nesselrode, who took no part in it, all discussion of this nature Avas prlrnfr and e.dra qfictjd. 1 shall use the language in which we spoke. . M. de Poletica, among other things, has affirmed that the pretended declaration of Russia, in the dispute between Spain and England on the subject of Nootka. is only a gratuitous assertion on the part of Spain. It was answer-^d that this assertion, made in the face of Europe, had not been denied at the time l)y Russia, and that from that it is to be concluded to be well founded until the proofs of the contrary were produced. M. de Poletica has also pretended that the convention of 1S1!> only cedes to the United States the rights and pretensions of Spain to the territories to the e((st and to the north of the boundary line (which would, in effect, be the position of the greatest part of the northwest coast of America), so that, according to him. a peri)endicular line ought to lie drawn from the point where the forty-second i)arallel touches the Pacific Ocean: tli-.it is to say. that it ought to follow the jxiniJtil of JoiKjitudc from this ])<)int towards the North Pole for tinding the western limits of the United States. But, it has been answered to him. can M. de Poletica be ignorant that the forty-second parallel of north latitude actu- ally reaches across the great ocean, and that the coasts of the northwest are necessarily found all to the north of this parallel? Besides, these coasts having l)een included in the pretensions of Spain, in the yeai' 1790, as far as Prince William's Sound. r///////.v A v/vVoyv/ ought actually RELATING TO TREATY OF 1824. 73 to be comprised in tlie cession of the rio^hts of Spain to the United States. Otherwise it can not be denied that, in the case of the cession not having been made to the United States, then the possession must necessarily still belong to Spain and can in no manner be claimed by Russia, &c. After some farther desultor}' conversation upon the same topics, the Count put into my hand aconfreprojef^ consisting of a translation into French of the projet 1 had offered, with some insertions, alterations, and additions (see paper lettered «■/). 1 observed that the insertion in the second article was utterly inadmissible, as repugnant to the stipu- lations of the former article, and that, instead of the admission of American vessels solely to New Archangel, in the third article, 1 should propose the commercial principle adopted by the United States and England upon the same coast (indiscriminate admission, &c. , for a lim- ited period). That 1 must now frankly tell them that my instructions required that 1 should obtain two points as necessary conditions to the third object contemplated by the projet of convention. First, the revocation, either spontaneous or by convention, of the maritime pi-o- visions of the ukase of September 4 (16), ls-21. Secondly, the adoption of the commercial principle (or something similar) agreed upon between the United States and Great Britain, in their convention of 1818, in relation to these coasts. Thirdly, that, these preliminaries being set- tled, a territorial deJimifatioii for Hcttlt^incnt^ at tifty-livc degrees might be agreed upon. Upon this Mr. Poletica assured me, with a strong asseveration, that lie would never be brought to sign an instrument containing the prin- I'iple of free admission iov our nliipx to their eoastx, whatever the Count might think proper to do. He continued to argue warmly against anything of the kind. I replied somewhat at length, and concluded by saying that, unless he could l)e brought to change his mind upon this point, it was more than probaltle v^e should be al)le to do nothing. Russia must then be content to l-eep her ukase^ and other nations would only have to see what means the}' may possess of carrying on the northwest trade in spite of it. The Uount took no share in this a-parte discussion, and when it concluded 1 told him that I should take his contre-projet home with me to consider it and make such further propo- sitions as reflection should suggest. We agreed to meet again in three days. THIRD CONFERENCE. AVe met again at 8 o'clock in the evening of Saturday. February 23, when I presented my counter-projet (see paper lettered //), accepting the first article, and the second, with the omission of what they had inserted upon my first projet. With regard to the third article. I observed that the proposal of inserting 5-1- 40' instead of 55-, with a view, as they explained it. of preserving to Russia two points of the island in which the port, called Bueon^lli l)y the Spaniards, is situate, might [not] be a])solutely inadmissible, although I should exceed my instructions in agreeing to it; but that at all e^ ents I must restore the phraseology 1 had used in the commencement of the article, as we could not admit for them or claim for ourselves possession s. except where there are actual estal)lishments. Count Kesselrode stated that he had intentionally introduced the alteration in the phraseology, meaning therebv to secure theii- settlement near Bodeja (which lies south of the 74 DIPLOMATIC CORRESPONDENCE line of delimitation) against all possible objection, if. indeed, the}^ should hereafter consider it to be worth their while to continue it, and, provided also, that neither SjMn'n nor Mt.iico should object to it. He would now. however, consent to adopt my phraseology, since it should siH'm that what li(\s soutli of Cape Mendocino cannot be correctly con- sidered as being- any part of the northwest coast. Coming to the lat- ter part of the article as proposed by me, which substitutes, in lieu of admission to our vessels at the port of Archangel, a provision for their free admission Y*:; all part ^ of that coast, including a free trade with the natives, he appeared to consider this to l)e utterly inadmissible. Upon my persisting, however, to aver that nothing could be done without it, he consented, at least, to take the proposition ad referen- duiii. I stated I had yet an alternative to otfer, which, leaving the line of delimitation undecided, might settle all ditticulties on our part; and I proposed to let the third article run as set forth in the paper let- tered (c/). It was not difficult to perceive that the utmost reluctance was felt in admitting the principle of free trade in any form. 1 thought it probable that this proposition would lead them to appreciate the advantage they might derive from delimitation, and j)repare to be willing to pay the pi'ice of it. FOURTH CONFERENCE. After a fortnight's interruption, 1 met His Majesty's plenipoten- tiaries on Saturday, March 8, at 8 o'clock in the evening. Count Nesselrode stated that my last projet had been considered, and that there remained very little to be done to bring our projets together; that there were but two lines to be omitted and o)te word to be altered [see lines in itaHc, in paper (A)] viz, the words ""and the trade with the natives of the cotmtry^'" to be omitted and the word 'Hen^'' to be exchanged for "/zW." I observed that, as the article would in that case remain, it would amount to a stipulation that we should enjoy for a very limited period, and as a privilege. Avhat we are now entitled to by the law of nature, in common with all the independent nations, to wit, the fisheries upon an nnoecupied coast, less inlinitely than is per- mitted by this same projet upon all the other shores of the great ocean, where, by the preceding articles, as well as bv common right, we may land and trade in unoccupied places. 1 therefore must at once declare the positive inadmissil)ility of that proposition. With regard to shortening the term for which a free trade was reciprocally to l»e granted, 1 could have no idea that it would ])e seriously pressed, being in itself so small an object. 1 then l)egged leave to place under his eye a short statement of principles and facts, which might have some weight in relation to the sul)ject under consideration, and which I considered to be incontrovertible. See paper lettered (/?). Having read this with attention . he exclaimed, ''Well, hrre is a convention. We must see if 'tis not possible to come to an arrangement."" He then stated that there could, however, now remain only one mean of accommodating the existing ditlerence. This he would state hypothetically (su])p(>sing the possi))ility of the Emper- or's permitting the stipulation of a free tra(h:' for ten years to be agreed to). It was a proposition which j>erhaj>s would be made to me at a future meeting. It would be intended to prohibit the trade in RELATING TO TREATY OF 1824. i 5 tirearuLs and anniiunition. He went into a recapitulation of the com- plaints of Mr. Daschkolf and Count Pahlen, on account of the injuries arising from the tirearms furnished to the natives by our citizens. 1 took occasion here to declare that all these proceedings of the Russian Government were founded in trrontom impressions, and arose ti'om their having impi-operly conceived that they had a rlgJit to regulate our commerce upon a coast which, being unoccupied, was free and open to all nations. It was clear that they had no right to demand any regulation of the kind. He replied, they did not now, of course, expect any arrangement which should not be marked by reciprocity. I remarked that any restriction of the kind would l)e in many respects liable to objections': that the first which presented itself to ni,v mind w^s that such a regulation could not be carried into effect without admitting a right of search, which was wholly inadmissible in time of peace. He replied, they had no intention of proposing anything of the kind, for that they would be satistied with the right of making rejyresentatinm to our Government in case of the infraction of the regulation which should be adopted by our traders. 1 remarked that if the restriction could be carried into effect as regards our vessels and their own, that it would be giving a premium to the traders of other nations— for example, to the P^nglish or to the Dutch, who have considerable possessions west of the Pacitic, or to the Portuguese of Macao, or to the ]Mexicans. since Mexico may now be considered as a State— all of whom would enjoy the faculty of carrying on a trade, voluntarily relinquished by ourselves, in arms and ammu- nition, articles which appear to V)e much coveted by the natives of those coasts. I was answered that the English were ready to give up, alto- gether, the right of trading to the coasts, which would accrue to Rus- sia by the arrangements about to Ije luade (a circunistance, by way of parenthesis, which was fully contirmed to me by Sir Charles Bagot, in a subsequent conversation)." and that Russia has the means of influenc- ing all other nations to abstain from a trade which would l)e no longer open, except in the form she should please to give it. I still objected to the iiiipracticahil Ity oi the project, and intimated my apprehensions that it would only be a pretext for vexations, stating, however, that the question was new to me and entirely unprovided for in my instruc- tions, but that I was bound, at least, to consider any proposition they might think proper to offer. We then parted, the Count promising' to notify me w hen I could have another meeting with him. SUBSEQUENT CONFERENCES. Considerable delay occurred after the conference of the 8th March,, occasioned partly, as I understood, by the indisposition of the Emperor^ and partly, too. as 1 supposed, to give time for consultation with the directors of the Russian American Company. At length, on the morn- ing of the 22d March. ]\Ir. Poletica called upon me, and stated that he had now a project to offer on the part of his Government (see paper lettered /), and that he would leave it with me for consideration. Among other things, he observed that the prohi))ition of a trade in arms and ammunition would be a sine qua no)i^ and that the Emperor wished, in views of benevolence, to add thereto all kinds of spirituous liquors. This was confirmed to me by Count Nesselrode's note of 20th 7(3 DIPLOMATIC CORRESPONDENCE March (see paper lettered m). ]Mr. Poletica stated that Count Nessel- rode proposed to receive me on Monday, the 24th instant, at his house, at one o'clock p. ni. Accordingly I attended on Mond;iy, the li-ith March, and oliered the projet (k'ttered n). The argument this day turned generally upon the restrictions proposed to be imposed upon the trade. The sale of arms to savages, wliose blind passions are unrestrained by any moral tie, must l)e equalh' pernicious to themselves and all who come within their reach. The greatest objection to this prohil)ition appeared to me to l)e that the restriction may be converted into a pretext for vexations upon our commerce, if seizure or contiscation were permitted; and, on the other hand, it seemed likely that all other modes of carrying the prohil)ition into etiect would prove nugatory. I had been told, how- ever, that they would be satisfied with its interdiction under such pen- alties as we might think proper to impose: that in case of infraction they would content themselves with r(^jirrsriitni non. In order to meet this proposition. I had drawn up the article as it stands in the projet, as, upon the whole. I concluded that our Government will probabl}^ consider the proposal as less objectionable than at a former period, from considerations, at least, of reciprocity, n). It now appeared to me that the latter part of the fourth article, '"that the reciprocal right shall cease," &c., had still too much the appear- ance of a substantive stipulation, although 1 had changed it from an entire article in their projet of the 22d of March, so as to stand as an accessory to the preceding stipulation of an open trade. In the fifth article, their expression "of arbitrary measures" did not appear to me to be sufficiently precise, as it left them at liberty to adopt r<(jiila- tions and to carry them into effect, because it could not be said that such regulations were arbitrary. For these reasons. I proposed at our meeting on the 31st that the fourth and fifth articles should stand as set forth in the projet lettered {p). The fourth article became the sul)ject of warm debate during the three meetings upon the 31st of March and the 1st and 2d of April; at the last of which they proposed that I should sign a protocol of the tenor of that lettered (//). This was refused by me as asserting what was evidently untrue, to wit. that the two forms specitied therein mrant the mine thing; but I consented to sign another protocol, of which one of the originals is forwarded herewith, lettered (v). The protocol of signature is lettered (.s), and the convention {t). Such is the sum and sul^stance of what passed in our- conferences, as extracted from the short notes I made directly after each meeting. If it should appear to l)e meagre and desultory, this must be accounted for from the circumstance that we had set out disclaiming all rejixlar discussion of right oi- of fact: and if anything approaching to it was resorted to, it was only when I deemed some statement absolutely nec- essarv to support our pretensions; but in general everything of the nature of disciis.sion appeared to be carefully avoided l)y the achersary. I now beg leave to add a few observations on the convention as con- cluded. RELATING TO TREATY OF 1824. 77 In order to judge equitably the merits of this eonventiou (or indeed of any other), it may V)e necessar}' to make some allowance for the eir- eumstanees in whieh it was negotiated. In the ver}- outset of this negotiation the (hfcction of England was a circumstance of a character likely to throw great dithculties in the way of it. Tins w'as occasioned, as I am well informed, parth^ by a conviction that our interests were different from if not directly opposed to //t/\s, and partly, too, by the notion that the doctrine of the Presi- dent's message rts/x^ctiiu/ cohmhathm upon the Ameriaai contrni-nt must be peculiarh' displeasing- to Rus«ia, and such as would render the negotiation much more difficult for the United States than for Great Britain. The latter power a})pears to have given over all thoughts of I'eepliu/ opi'ii the trade upon the Northwest coast of America. Her object in this negotiation seems to be to obtain an abandonment of the extravagant maritime pretension set up b}- Russia, and at the same time to acquire for herself territorial rights over such portion of the shores of the American continent as may secure her free egress from her interior possessions, lying towards the east into the Pacific Ocean. Whenever these rights have been acknowledged, she will probably use her accessorial maritime domain for the purpose of excluding other nations from trading within her jurisdiction. \Mth these prospects, w^e must not indulge in the expectation of her renewing the trading privilege we now enjoy within her limits, unless it be made the piice^ of our acknowledgment of a line of delimitation. From the commercial activity which prevails universally at this da}- it is not to be expected that any coasts upon which valuable articles of trade are obtained can long continue unappropriated. That this shouldi have been the case up to the present time upon the northw^est coasts, of Americacan be only accounted for from the circumstance of those regions being of extreme difficult access to all the inhabitants of Europe, bv reason of their remoteness from that part of the globe; while at the same time the wars which have generally absorbed the attention of the whole civilized portion of mankind almost continually since the discoveries of Captain Cook have prevented their importance being duly appreciated. In the short period of peace which intervened between the first American war and those of the French revolution several expeditions were undertaken, which indicate that the general opinion of that importance had begun to prevail. That of M. de la Pe rouse, and that of Marchaud, by the French; those of Vancouver, and other English navigators; several voyages undertaken by enter- prising citizens of the United States, and lastly, the affair of Nootka Sound, all go to prove how general an opinion prevailed of the value of the trade in furs, above all, with reference to the China market. During a length of time the Russians had enjoyed the benetit of sup- plying that market w ith furs obtained either in their xA.siatic posses- sions or in the American islands, although they are ol)liged to transport them from Okhotsk by land carriage to Kiachta. thence to introduce them by Malmaichin. the only port of entry for all the borders between Russia and China. They have been anxious, on account of the delay and expense attendant upon this route, to establish a right of admis- sion for their vessels into Canton, where all European flags are admitted; but they have been hitherto prevented from doing so by some strange caprice of the Chinese. The confusion prevailing in Europe in 1790 permitted Russia (who 78 DIPLOMATIC CORRE8PONDENCP: alone .seems to have kept her attention tixed upon this interest during- that period) to take a decided step towards the n]on()i)oly of this trade, bv the ukase of that date, which trespassed upon the acknowkxlged rights of Spain; but at that moment the Emperor Paul had dechired war against that country as being- an ally of France. This ukase, which is, in itsf(/?'//t. an act purely domestic, was never notitied to any foreign State with injunction to respect its provisions. According-ly it appears to have been passed over unobserved by foreig-n powers, and it remained without execution in so far as it militated against their rights. The partial success of this measure seems, however, to have encouraged the yet more bold assumptions of the ukase of Septenilier, 1821. it may easily be imagined how much a fiincied but equally ^nKpiedlon ;d {'e'\t\\^Y by themselves or oi\\Q,\'^) possession during upwards of twenty years must hav^e strengthened the opinion the Russians had of their own rights. I have reason to know that even in the Emperor's mind this conviction had taken strong- hold. When urged both by England and America to recede from his territorial pretensions, he expressed himself ready to undo his own act, but declared that the act of his father must be maintained. The tif ty-tifth degree was therefore a barrier not to ])e broken through; and a further small addition was required because the point of an island was cut otf by tiiat parallel. In consequence of this, it was urgently pressed by the Russian pleni- potentiarii's to make the line of delimitation run upon the parallel of 54- 4<)', a small deviation from the instructions I had received. To this I thought I could, without impropriety, accede. To show how much importance they attach to the parallel of 54" 40', it may now be mentioned that it is only upon this point that the negotiation with Great Britain has been ])roken off. Enghmd had agreed to accept this delimitation iqH>it t/w islandx, but insisted upon carrying her terri- torial claim upon the r< mi hi rid up to 56^ and some minutes, in order to retain the mouth and course of a I'iver which disembogues about that latitude, and as being necessary to the convenience of certain posts established in tliat neighl)orhood l)y the Northwest and Hudson's Bay companies; but Russia has decidedly refused to accede to tliat delim- itation, and Sir Charles has sent for further instructions. It may. perhaps, lie thought that, as certain restrictions upon our trade were insisted upon, which were not provided for in any instruc- tions, I ought to have deferred the signature of the convention, and to have sent home for further instructions. Such would have been my course had I not apprehended that the (piestion of delimitation betw^een England and Russia must certainly, long l)efore I could have any an- swer, be settled one way or other without our participation, and that we should then have no equivalent to offer for the trade w^e covet upon their shores, as neither of these nations seem disposed to consider as valua])le any like advantage we may have it in our power to grant. It may possibly, too, be objected, upon a superficial view^ of the con- vention, that it surrenders a permanent I'hjlit to a community of trade upon the northwest coast in exchange for ay^/v'/'/Ay/r which is to expire in ten years. In answer to this objection, 1 sul)mit that this right must always have l)een held subject to extinguishment whenever the mari- time domain, incident to actual occupation and settlement, shall be acquired by any nation upon those coasts; and I beg leave further to remark upon the same point, that I kept it always in recollection that when the stipulation of the fourth article, for liberty of trading with the natives, shall have expired by its own limitation, these coasts, in RELATING TO TREATY OF 1824. 79 SO far as they may then remain unoccupied, will fall into the o-eneval category of vuocfuptcd phtn-s upon the coasts of the (jrtat ocean. The Russian plenipotentiaries had been all along particularly anx- ious to introduce into the convention a sut>staittlre stipulation, that the privilege to trade upon these coasts should absolutely celed to ascertain how far the President will approve of what 1 have done. I have the honor to be, sir. most faithfully, your obedient servant. Henry Middleton. P. S. — In stating the connnunication made to me by the British ambassador, respecting the determination of his court to treat sep- 80 DIPLOMATIC CORRESPONDENCE amtely from the United States with Kussia. I omitted to mention that he at the same time informed me that he was instructed, in case he should form a convention with Kussia. without our being admitted to treat, to insert in it a saving- clause for the rights of other states, simihir to that contained in our convention of Octol)er2i>, 1818. Since the concUision of the negotiation on our part the British ambassador has furnished me with a copy of his instruction ad Jioc. (See paper lettered v.) H. M. The Secretary of State of the United States. No. 35 {a) iHthefallpnoerofSli' CharJe^ Bujot, No. 35 {h). Extract of a letter from. Jfr. Hash to Mr. Middleton. London, DecenJx^r 6', 1823. I received, in the course of the past summer, instructions from our Government to open negotiations with this Government upon a great variety of subjects interesting to the two countries; and amongst others, on that of the Russian ukase of September, 1821, relative to the North- west Coast of xlmerica. As you are in possession of a copy of the Secretary of State's letter to me of the second [22d] of July, on this last subject, 1 need say nothing at present respecting it. I write on this occasion barely to inform you that, as yet, the negotiations have not commenced on any one of the subjects which I have in charge, and of course, therefore, this of the Russian ukase remains also untouched. As I am instructed to correspond with you upon this subject, as well as upon that relating to the suppression of the slave trade, I will take care to do so as events may render it necessary and proper after the negotiations shall have been entered upon. I have announced to this Government my entire readiness to commence them, Init am still unable to say at what precise time a beginning will be made. I will also apprise you in due time of the results that may attend mv discussions upon all the other subjects. Extract of a letter from Mr. Rn^h to Mr. MkMeton. London, Deceraber 22, 1823. In an interview that I had with Mr. Canning last week I made known to him, as preparatory to the negotiation, the vieW'S of our Govern- ment relative to the Northwest Coast of America. These, as you know, are: P'irst, That, as regards the country westward of the Rocky moun- tains, tiie three powers, viz: Great Britain, the United States, and Russia, should jointly agree to a convention, to be in force ten years, similar in its nature to the third article of the convention of October 18, 1818, now subsisting between the two former powders; and secondly, that the United States would stipulate not to make any settlements on that coast north of the tifty-tirst degree of latitude, provided (ireat Britain would stipulate not to make any south of 51 ^ or nortJi offifty- Hve; and Russia not to make anv south of 55^. RELATING TO TREATY OF 1S24. 81 Mr. Camiing- expressed no opinion on the above propositions fur- ther than to hint, under his first impressions, sti'ong objections to the one which goes to limit Great Britain northwards to 55°. His object in wishing to learn from me our propositions at this point of time was, as I understood, that he mig-ht the better write to Sir Charles Bagot on the whole subject to which the}- relate. No. 35 (^')- Eu'tvad of a letter from Mr. RiisJi to Mr. Middleton. London, January 9, I have heretofore written to you on the Oth and 22d of December, and have now to inform you that from interviews which I have had with Mr, Canning since the present month set in, 1 tind that he will decline sending instructions to Sir Charles Bagot to proceed jointlv with our Government and that of Russia in the negotiation relative to the North- west Coast of America; but that he will be mere Ir informed that it is now the intention of Great Britain to proceed separately. Mr. Canning intimated to me that to proceed separately was the original intention of this Government, to which effect Sir Charles Bagot had been instructed, and never to an}- other; and that Sir Charles had only paused under your suggestions to him of its being the desire of our Government that the three powers should move in con- cert at St. Petersburg upon this subject. The presumption of its original course by this Government has arisen chiefly from the principle w4iich our Government has adopted, of not considering the American continents as subjects for future colonization by a/ti/ of the European powers — a principle to which Great Britain does not accede. I have informed the Secretar}- of State of the above intention of this GoA^ernment. It will produce no alteration in my endeavors to obtain in negotiation here a settlement of the points as between the United States and Great Britain, respecting the Northwest Coast, in manner as m}" instructions la}" them down to me. No. 35 (d). ' State of the Qaestlon. The United States, by their discovery of the mouth of the Columbia river and b}" their subsequent real occiqwtivji and continued possession of a district on the same part of the Northwest Coast of America, have perfected their right of sovereignty to that territory. By the third article of a convention with Great Britain, concluded October 20, 1818, the}" stipulated "that any country that might be claimed by either party on the Northwest Coast of America westward of the Stony mountains should, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from that date, to all vessels, citizens, 21528—03 13 82 DIPLOMATIC CORRESPONDPJNCE and subjects, of the two powers, without prejudice to the chiims of cither party or of an}' other State." By a convention with 8pa>a of Fj bruary 2<». 1819, the United States actjuired all the rights, claii\is, a^id pretensions, of that power to all the Northwest Coast lying- north of the 4i!d ])arallel of latitude. The claims of Spain appear to have rested on prior dixcoctry, as far as the 59th degree north. So far, then, as prior discovery can constitute a foundation of right, the Northwest Coast as far as the 59th degree north belongs to the United States by the transfer of the rights of Spain. Great Britain has no establishment or possession on any part of the Northwest Coast, She has, therefore, no right, claim, or pretension to any portion thereof, except such as may result from the convention with Spain concluded Octo])er 28, 1790. It is, then, evident that her claim is concurrent with those of the United States, and can only reach to whatever point these last ma\' be considered to extend. It appears, then, that Russia and England can not make a definitive arrangement without the participation of the United States, or at least going to their exclusion. Any agreement which these two powers may make will be binding upon themselves, but cannot affect the rights of a third })ower. The United States offer to Russia an article of the same import with that of October, 1S18, with Creat Britain, to be in force for the term of ten 3'ears. By offering free and equal access to navigation and intercourse within the limits to which their claims are indisputal)le, they concede much more than they obtain. With regard to territorial claim, separate from any system of exclu- sion, they are willing to agree to the l)oundarv line within which the Emperor Paul had granted exclusive privileges to the Russian Com- pany, that is to say, latitude 55"-. If the Russian (government apprehends serious inconvenience from iJl/clf fr<{jfic with tlieir settlements, it may be guarded against by stipu- lations similar to those in the annexed projet. No. 35 0'.) Projet of the United 8t(des of Fthruary S. Article i. In order to strengthen the bonds of friendship and to pi'eserve in future a perfect harmony and good understanding between the high contracting parties, it is agreed that their respective citizens and subjects shall not be disturbed or molested, either in navigating or in carr3-ing on their fisheries in any part of the great ocean vulgarly called the Pacitic or South Sea, or in landing on the coasts thereof in places not already occupied, for the purpose of cariying on their com- merce with the natives of the country, subject nevertheless to the restrictions and provisions specified in the following articles. Article ii. To the end that the navigation and fisheries in the great ocean carried on by citizens and subjects of the high contracting parties may not be made a Y)retext for illicit trade with their respec- tive settlements, it is agreed that the citizens of the United States shall not land on any part of the coast actually occupied by Russian settlements, unless by permission of the Governor or commandant RELATING TO TREATY OE 1824. 83 thereof; and that Ru.ssian .subjects shall, in like manner, be interdicted from landing- without pennission at any settlement of the United States on the Northwest Coast. Article hi. It is fui-ther agreed that no settlement shall be made hereafter on the Northwest Coast of America, or on any of the islands adjacent thereto, nortli of the 55th degree of north latitude, by citi- zens of the United States, or under their authority, nor b}- Russian subjects or under the authority of Russia, i<' of north latitude; and that, in the same maimer, there shall be none formed by Russian sul)jects, or under the authority of Russia, to the south of the same parallel. Article iv. It is, nevertheless, understood that the vessels of the two powers, or which belong- to their respective citizens or subjects, may reciprocally frequent, without any hindrance whatever, the inte- rior seas, gulfs, harbors and creeks in the possessions of Russia and of the United States of America on the Northwest Coast, for the purpose of tishing" and trading- with the natives of the countr3\ Article v. This reciprocal right of fishing and of trade is only granted for a term of ten years from the date of the signing of the present convention, at the end of which term it shall cease on both sides. Article vi. From this time, fire-arms, other arms, powder, and munitions of war of eveiy kind, are always excepted from this same commerce, which the two powers engage not to sell nor allow to be sold to the natives l)y their respective citizens and subjects, nor by any person who may be under their authority. Article vii. The present convention shall be ratified, and the rati- fications thereof shall be exchanged at St. Petersburg in the space of . In faith whereof , the respective plenipotentiaries have signed it, and thereto afiixed the seal of their arms. Done at the of the vear of Grace 1824:. No. 35 {m). Count jVcsscIrode to 21 r. MlddleUm. [Translation.] The undersigned. Actual Privy Counsellor, Secretary of State direct- ing the administration of Foreign Affairs, has had the honor to mention to Mr. Middleton, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, the desire which the Emperor had of seeing arms, munitions, and spirituous liquors excepted from the arti- cles of which the reciprocal trade might be declared free during ten years with the natives of the Northwest Coast of America, by the con- vention which Russia and the United States are upon the point of concluding. The undersigned hastens to assure j\Ir. Middleton, by writing, that the immediate prohibition of the trade in arms and munitions with the natives is a condition to which his Imperial Majesty attaches the high- est importance, a condition the al)sence of which would not permit him to give his assent to the rest of the treaty. As to the prohibition of the trade in si)irituous liquors the Emperor eagerly desires that it should be pronounced, and he does not doubt that Mr. Middleton and the Government of the United States [will] receive in the most favorable manner this wish, dictated by motives of humanity and morality. The undersigned embraces with pleasure this occasion of repeating to Mr. Midtlleton the assurance of his most distinguished consideration. Nesselrode. St. Petersburg, March W, 182If. RELATING TO TREATY OF 1824. 87 No. 35 00. Frojii of the Uiufrd States of March 21,.. [Translation.] His Majesty the Emperor of all the Kussia.s and the President of the United States of America, wishing to cement the bonds of amity which unite them, and to secure between them the invariable main- tenance of a perfect concord, by means of the present convention, have named as their plenipotentiaries to this etiect, to wit: his Majesty the Emperor of all the Russias, his beloved and faithf id Charles Robert, Count of Nesselrode, &q., t^c, and Pierre de Poletica. &c.. &c., and the President of the Ignited States of America. Henry Middleton. a citizen of said States, and their Envoy Extraordinary and Minister Plenipo- tentiary near his Imperial ]NJajesty; who, after having- exchanged their full powers, found in good and due form, have agreed upon and signed the following stipulations: Article i. It is agreed th it in any part of the great ocean, com- monly called the Pacitic Ocean, or South Sea, the respective citizens and subjects of the hio-h contracting parties shall be neither disturbed nor restrained either in navigation or in fishing, or in the power of resorting to the coasts upon points which may not already be occupied for the purpose of trading with the natives, saving always the restric- tions and conditions determined by the following articles. Article ii. With the view of preventing the rights of navigation and of tishing. exercised upon the great ocean l)v the citizens and sub- jects of the high contracting powers, from ])ecoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point vhere there U a jRus-mm e-'^tahlishnumi., without the permission of the governor or commander; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any establishment of the United States upon the Northwest Coast. Artkt.e hi. It is moreover agreed that, hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said States, any establishment upon the Northwest Coast of America, nor in any of the islands adjacent, to the north of 54^ 40' of noi'th latitude; and that, in the same manner, there shall be none formed by Russian subjects, or under the authority of Russia, to the south of the same parallel. Article iv. It is, nevertheless, understood that the vessels of the two powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harl)ors, and creeks upon the said coast, for the purpose of tishing and of trading with the natives of the country. But the reciprocal right granted Tnj thix article shall cease, on both sides, after the term of ten years, to be counted from the signing of the present convention. Article v. Fire-arms, other arms, powder, and munitions of war of every kind, are always excepted from this same commerce permit- ted by the preceding article; and the two powers engage, reciprocally, neither to sell, nor sutier them to be sold, to the natives, by their respective citizens and subjects, nor by any person who may be under their authority. It being well understood that, in any cas(\ this restriction shall not be considered to authorize, under the pretext of a 5» DIPLOMATIC CORRESPONDENCE contravention of this article, the visit, or the detention of vessels, or the seizure of the merchandise, or, in tine, any vexations whatever, exercised towards the owners or the crews employed in this commerce; the high contracting- powers, reciprocally, reserving to themselves to determine upon the penalties to be incurred, and to inflict the punish- ments due, in case of the contravention of this article by their respective citizens and subjects. Article vi. When this convention shall have been duly ratified by his Majesty the Emperor of all the Russias, on one part, and on the other by the President of the United States, with the advice and con- sent of the Senate, the ratifications thereof shall be exchanged at Washington in the space of ten months from the date below, or sooner, if possil)le. In faith whereof, the respective plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at the of the year of Grace 1824. No. 35 (o). Contre Projet of Rus.'i of Russia understood that., during a term of added., that., after aroceed to the signature of the convention itself the foUmmng. Done at St. Petersburg, the , All this in italics rejected, and filled up as stands in the protocol (r.) RELATING TO TREATY OF 1824. 91 No. 35 (r). Protocol. [Tranrfation.] The undersigned, after having discussed in several confei'ences a projet of a convention proposed for settling all the differences which arose between the United States of America and Russia, inconsequence of a regulation published ))v the latter of these powers, on the 4th (16th) September, 1821, detinitively drew up the different articles of which this convention is composed, added to them their sign manual, and nuitually engaged to sign them as they are found annexed to the present protocol. In drawing up the Irth of these articles, the plenipotentiaries of Russia recollected that they proposed to the plenipotentiary of the United States to arrange the said article in the following terms: Article 1. "'It is, nevertheless, understood that the ships of the two posvers. or which lielong to their citizens or subjects, respectively, may mutually frequent, without any hindrance whatever, the interior fseas, gulfs, harbors, and creeks upon the said coast, for the purpose of there fishing and trading with the natives of th^ country. But the reciprocal right granted b}' this article shall cease, on both sides, after a term of ten years, to be" counted from the signing of the present convention." The plenipotentiaries of Russia added, that, aftei* agreeing to this arrangement, the plenipotentiary of the United States had afterwards invited them to change the ending of this very article, and agree to it as it is found signed in the convention, observing that this second arrangement, more conformal)le to the letter of the instructions which he received, is the only one which he thinks himself authorized to sign; but, moreover, that this arrangement does not essentially' alter the sense of that which had been proposed by the plenipotentiaries of Russia, because, at the end of the term mentioned, the stipulation ceasing equally by the two arrangements, the reciprocal power of trading granted by that stipulation cannot be prolonged beyond the said term ])ut l)y mutual agreement. Under these observations the article in question has been signed, with the moditication which the plenipotentiary of the United States had demanded to be there introduced. After which, all the other articles were also signed respectively, and it was resolved to proceed to the signature of the convention itself on the fifth following. Done at St. Petersburg. April 2, (11,) 1821. Henry ]\Iiddleton. Nesselrode. poletica. No. 35 (.v). Fvotocol. [Translation.] The undersigned, having engaged by the protocol of their last con- ference to sign on the 5th April of the present year the convention of 92 DIPLOMATIC CORRESPONDENCE which they sio-ned all the jirticles, assembled this day at two o'clock in the afternoon, at the hotel inhabited l)y Count Nesselrode, and after liavino- duly collated with the said articles the two copies of the con- vention which they had caused to l)e prepared, they have attached to l)oth their respective siunatures and the seal of their arms. Done at St. Petersburg-, April 5, (17,) 1824. Henry ISIiudletgn. Nesselrode. P. Poletica. No. 35 (/'.). [Extract, Mr. Canning to Sir Charles Bagot, post p. 149. J//'. M'aMeton to J//'. Ad<. No. 38.] St. Petersburg, 30; 18 Aitlic, wa.s communicated by me at that time in the orio-inal to the Minister in charge of the Ministry of Foreign Affairs. Having- now received from him the information that the recorded Protocol of the proceedings of the Special Committee which examined this subject by Imperial order has received the full and entire approval of His Imperial ^lajesty, 1 think it necessary to communicate to the Board of Admin- stration of the llussian -American Company, for their infoimation. copies of the above-mentioned communication of Count Nesselrode to me, and also the proceedings of the Committee of the 21st eJuly, 1824, inclosed in it, together with a draft of a communication to me, prepared by his Excellency; which was also read in the above-named Committee and was left unsigned after it had l)een given tinal consideration. From these documents the Board will see that, for the avoidance of all misunderstandings in the execution of the above-mentioned Con- vention, and in conformity with the desire of the Company, the neces- sary instructions have already been given to Baron Tuyll, our Minister at Washington, to the effect that the north-western coast of America, along the extent of which, by the provisions of the Convention, free trading and ffshing are permitted subjects of the North American States, extends from 54- 40' northwards to Yakutat (Bering's) Bay. Lieutenant-General Kankrin, J/inisfrp of Fin an ce. Y. Drushinin, Directnr. f DIPLOMATIC CORRESPONDENCE RELATING TO THE TREATY OF 1825 BETWEEN GREAT BRITAIN AND RUSSIA. Baron Xlcolay to fJir J[fLoti(Jo)iderry. — {Reeeii^edNovehihcr 12.) LoxDKES, le SI Octohre {12 Xoveiiihrc)^ 1821. Le Soussigiie, Envoye Extraordinaire et Ministre Plenipotentiaire de Sa Majeste rEmpereur de Toiites les Russies, s'empresse de s'acquitter aupres de son Excellence M. le Marquis de Londonderry des ordres qu'il vient de recevoir de sa Cour en portant a la connais- sance du Ministere Britannique la communication suivante. An moment de renouveler le privilege de la Compagnie Russe-Ameri- caine et de soumettre a une revision les Reglemens concernant ses operations commcrciales, le Gouvernement Imperial a du vouer une attention particulicre aux plaintes auxquelles ont plus d'une fois donne lieu les entreprises de contrebandiers et d'aventuries etrangers sui^ les cotes nord-ouest de TAmerique appartenant a la Russie. II a ete reconnu que ces entreprises n'ont pas seulement pour objet un commeTce f rauduleux de pelleteries et autres articles exclusivement reserves a la Compagnie Russe-Americaine, mais qu'elles paroissent souvent meme trahir une tendance hostile; attendu que des gens sans aveu viennent fournir des armes et des munitions aux naturels dans les posessions Russes d'Amerique, et qu'ils les excitent en quelque sorte a la resis- tance et 51 la revolte contre les autorites qui s'y trouvent etablies. II etoit done essentiel e'opposer des mesures severes a ces menees, et de garantir la* Compagnie contre les prejudices sensibles qui en resultoient pour elle, et c'est dans cette vue que le Reglement ci-joint vient d'etre public. Apres avoir ainsi expose les motifs qui ont dicte ce Reglement, le Soussigne a ordre d'y ajoutor les explications suivantes. Le nouveau Reglement n'interdit point aux batimens etrangers la navigation dans les mers qui baignent les possessions Russes sur les cotes nord-ouest de TAmerique et nord-est de TAsie. Une defense pa- reille, (jui'l n'eut pas ete difficile d'appuyer d'une force navale suflisante, auroit etc a la verite le moyen le plus efficace de proteger les interets de la Compagnie Russe-Americaine, etelle sembleroit en outre fondee sur des droits incon'testables. Car, d'un cote eloigner une fois pour toutes, des plages indiquees ci-dessus, les navires etrangers, c'etoit faire cesser a jamais les entreprises coupables qu'il s'agit de prevenir. D'un autre cote, en considerant les possessions Russes qui s'etendent, tant sur la cote nord-ouest de rAmerique, depuis le Detroit de Behring jusqu'au 51" de latitude septentrionale, que sur la cote opposee d TAsie et les lies adjacentes, depuis le meme detroit jusqu'au -15^, on ne sauroit dis- covenir que Fespace de mer dont ces possessions forment les limites ne reunisse toutes les conditions que les publicistes les plus connus et les mieux accredites ont attachees a la definition (Vune mer ferniee., et que 94 RELATING TO TREATY OF 1825. 95 par coiisequeut le GouvernementRusse ne se trouve parfaitement auto- rise a exercer sur cette mer de.s droits de soiiverainete, et nomniement celui d'interdire rapproche aiix etrangers. Cependant, quelqne impor- tantes que f ussent les considerations que veclanioient une semblable mesure, quelque legitime quelle eut ete enelle-meme, le Gouvernement Imperial n'a pas voulu, dans cette occasion, faire usage d'une faculte qui lui assurent les titres de possession les plus sacres, et que contirment d'ailleurs des autorites irref ragables. II s'est borne au contraire, conuue on a lieu de s'en convaincre par le Reglement nouvellement publie, a defendre a tout batiment etranger, non seulenient d'aborder dans les Etablissemens de la Conipagnie Americaine, conune dans la presqu'ile du Kamtchatkaet les cotes de la Mer d'Ochotsh, mais aussi de naviguer le long de ces possessions et en general, d'en approcher a une distance de 100 niilles d'ltalie. Des vaisseaux de la marine Imperiale viennent d'etre expedies pour veiller au maintien de cette disposition. Elle nous paroit aussi legale qu'elle a ete urgente. Car, s'il est deniontre que le Gouvernement Imperial eut eu a la rigueur la faculte de termer entierement aux etrangers cette partie de TOcean Pacitique, que bordent nos posses- sions en Amerique et en Asie, a plus forte raison le droit en vertu duquel il vient d'adopter uno mesure beaucoup raoins generalement restrictive doit ne pas etre revoque en doute. Ce droit est en effet universellement admis, et toutes les Puissances Maritimes Font plus ou moins exerce dans leur S3\steme colonial. Enlin, Tusage que le Gouvernement Imperial vient d'en faire en faveur de la Compagnie Russe- Americaine, ne sauroit prejudicer aux interets d'aucune nation attendu qu'il n'est guere a supposer, qu'outre les exceptions speciliees dans notre Reglement, un vaisseau etranger quelconque puisse avoir des motifs reels et legitimes pour relacher aux Etablissemens Russes. La Cour Imperiale aime done a esperer que les Puissances auxquelles ce nouveau Reglement est communique reconnoitront les considera- tions majeures qui lui ont servi de base, et que, par une suite des relations de paix et de bonne harmonie qui subsistent entre elles et la Russie, elles n'hesiteront pas a imposer a leurs sujets respectifs le devoir de s'}^ conformer strictement, afin de prevenir les inconveniens auxquels une contravention de leur part donneroit lieu necessairement. Les officiers commandant les batimens de guerre Russes qui sont destine a veiller dans TOcean Pacitique au maintien des dispositions susmentionnees, ont reyil Tordre commencer a les mettre en vigueur envers ceux des navires etrangers qui seroient sortis d'un des ports de I'Europe apres le 1"' Mars, 1822, ou des Etats-Unis apres le 1^'' Juillet. A dater de ces epoques aucun navire ne pourra plus legalement pre- texter Tignorance du nouveau Reglement. Le Soussigne saisit, &c. Le Baron de Nicolat. [Translation. Baron NicoJay to the 2Iarhtr Sid {Nocmltr 12), 1821. The undersigned, Envoy Extraordinary and Minister Plenipoten- tiary of His Majesty the Emperor of all Russia, hastens to make known 96 DIPLOMATIC CORRESPONDENCE to His Excellency the Marqui.s of Londonderry the orders which he has just received from his Court by ])rinoing to the attention of the British Ministry the followino- connnunication. On the point of renewing the privilege of the Russian-American Company and submitting to a revision the rules concerning its com- mercial operations, the Imperial Government was obliged to devote special attention to the complaints to which the undertaking of smug- glers and foreign adventurers on the north-west coast of the America belonging to Russia have more than once given rise. It has been rec- ognized that those undertakings have not only as an object a fraudulent trade in furs and other articles exclusively reserved to the Russian- American Company, but that they appear even often to betray a hostile tendency; inasmuch as vagabonds come and furnish arms and annnuni- tion to the natives in the Russian Possessions of America and as they excite them to a certain extent to resistance and rebellion against the authorities which are established there. It was then essential to oppose severe measures to those proceedings and to guarantee the Company against the considerable losses which resulted from them, and it is with this view that the regulation herewith has just ])een published. Having thus set forth the motives which have dictated this regula- tion, the Undersigned is instructed to add to it the following explanations: The new regulation does not forbid foreign vessels to navigate in the seas which wash the Russian Possessions on the North- West (Coasts of America and North-East of Asia. Such a prohil)ition which it would not have been difficult to support with a sufficient naval power, would have been, in truth, the most efficacious way to protect the interests of the Russian American Companj^, audit would seem besides to be based on unquestional)le rights. For, on the one hand, to keep away foreign vessels, once for all from the coasts mentioned above was to stop forev^er the guilty enterprise the prevention of which is under consideration. On the other hand, in considering the Russian Possessions which extend both on the North-West Coast of America from Behring's Straits to 51" of north latitude and on the opposite coast of Asia and the adjacent islands from the same straits to the 45^, it cannot be denied that the space of sea of which those possessions are the limits does not unite all the conditions which the best known and best accredited publicists have applied to the detinition, a close sea (une mer fermee) and that consequently the Russian Government does not find itself absolutel}" authorized to exercise on that sea rights of sovereignty and especially that to forbid the approach of foreigners. Nevertheless however important were the considerations which demanded such a course, however justifiable it was in itself, the Impe- rial Government did not wish, on that occasion, to make use of a privi- lege which the most sacred titles of possession assure to it and which moreover unquestionable authorities confirm. It contented itself, on the contrary, as nia}^ be seen by the regulations newly published, with forbidding all foreign vessels, not only to land at the Estal)lishments of the American Company and on the peninsula of Kamtchatka and the coasts of the Sea of Ochotsk, but also to navigate along those pos- sessions, and, in general, to approach theni within a distance of 100 Italian miles. 2. Some vessels of the Imperial Nav.v have just been despatched in order to enforce the maintenance of that provision. It appears to us RELATING TO TREATY OF 1825. 97 as lawful as urgent. Because, if it is demonstrated that the Imperial Government had had, strictly speaking-, the right to close entirely to foreigners this part of the Pacific Ocean which l>ounds our possessions in America and in Asia, with greater reason, the right in pursuance of which it has just adopted a measure far less generally restrictive should not be called in question. This right is, in fact, universally admitted and all the Maritime powers have more or less exercised it in their colonial system. Finally, the use that the Imperial Government has just made of it in favor of the Russian-American Company, could not be prejudicial to the interests of any nation, because it is scarcely to be supposed that beyond the specified exceptions in our regulations, any foreign vessel could have real and legitimate grounds for putting into Russian Establishments. The Imperial Court would gladly hope that the Powers to whom this new regulation is comnumicated will recognize the strong reasons which have served as a basis for it, and that, in virtue of the relations of peace and good harmony which exist between them and Russia, they will not hesitate to impose on their respective sul)jects the duty to strictly conform themselves to it in order to pre- vent the inconveniences to which a contravention on their part will necessarily lead. The officers commanding the Russian men of war who are destined to enforce in the Pacific Ocean the execution of the said provisions, have received the order to begin to put them in force against the for- eign vessels which may depart from P^uropean Ports after March 1st, 1822 or from the United States after July 1st. From these dates no ship can legally pretend ignorance of the new regulation. The Undersigned avail, etc. Baron de Nicolay. Count Lieveu to tJie 3far(ju/'s ofLo/idrmcLrrf/. — {Rec<'lved Xovthihtr 30.) Le Comte de Lieven presente ses compliments a Milord London- derry, et a Thonneur de transmettre ci-joint si son Excellence la copie ciu'elle lui a demandee de la depeche de M. le Comte de Nesselrode, en elate du T Octobre, >( tioit de Behring jnsqu'au 51° de latitude septentrionale, que sur la cote opposre de I'Asie et les lies adjacentes, depuis le meme detroit jusqu'au 45°, on ne sauroit disconvenir que I'espace de mer dont ces possessions forment les limites ne reunisse toutes les con- ditions que les pul>licistes les ]ilus connus et les mieux accredites ont attaches a la definition d'une imr h nm'r, et (|ue par consequent le Gouvernement Russe ne se trouve parfaitement autoris('' a rxcrcer sui- cette mer des droits de soverainete, et nommement celui d'en interdire Tappioclie aux etrangers. Cependant quelque importantes que fussent les considerations que reclamoient une seml)lable mesure, quelque legitime qu'elle eut ete en elle-meme, le Uouvernement Impeiial n'a pas voulu, dans cette occasion, faire usage d'une faculte que lui assurent les titres de possession les plus sacres, et que conllrment d'ailleurs des autorites irrefragables. II s'est borne, au contraire, comme on a lieu ile s'en convaincre jiar le Reglement nouvellenient pub- lie, a defeu(lre a tout l)atimeiit ('traimtT, uon seulement d'aborder dans I'Etablisse- ment de la ('onq)agnie AnK'ricaiiif, romiiu' dans la presqu'ile du Kamtchatka, et les cotes de la Mer d'Ochotsh, mais anssi de luiviguer le long de ces possessions, et, en general, d'en approcher a une distance de 100 milles d'ltalie. Des vaisseaux de la marine Imperiale viennent d'etre expedies pour veiller au maintien de cette disposition. Elle nous paroit aussi legale qu'elle a ete urgente. Car s'il est demontre que le Gouvernement Imperial eat eu a la rigueur la faculte de fermer entierement aux etrangers cette partie de 1' Ocean Pacitique, que bordent nos possessions en Amerique et en Asie, a plus forte raison le droit en vertu duquel il vient d'adopter une mesure beaucoup moins generalement restrictive, doit ne pas etre revoque en doute. Ce droit est, en effet, universellement admis, et toutes les Puissances .Alaritimes I'ont plus ou moins exerce dans leur systC-me colonial. Enfin, Pusage que le ( iouvernement Imperial vient d'en faire en favear de la Compagnie Russe-AuK ricaine, ne sauroit prejudicier aux interets d'aucune nation, attendu qu'il n'est guere a supposer, qu' outre les exce])tions spi'cifiees dans notre Reglement, un vaisseau etrangcr (luelconque puisse avoir des motifs reels et legitimes pour relacher aux Etablissemens Russes. Nous aimons done a I'spi'rer (pie les Puissances aux- quelles ce nouveau Reglement va etre communi(|ue reconnoitrout les i'onsid('rations majeures qui lui ont servi de base, et que, par une suite des relations de paix et de bonne harmonic qui subsistent entre elles et la Russie, elles n'hei^iteront pas a im- poser a leurs sujets respectifs le devoir de s'y conformer strictement, afln de pre- venir les inconveniens auxquels une contravention de leur part donneroit lieu necessairement. SaMajeste 1' Em pereur desire que les Missions obtiennent ce r('\«ultat en s'acquit- tant de la communication que leur present la presente Circulaire. Recevez, &c. Nesselrode. p. s. — En dressant les instructions pour les officiers commandant les batimens de guerre Russes qui sont destines a veiller, dans r()(;('an Pacit1(|ue, au maintien des dispositions nouvellement arretees a I'egard des l';tal)lissemens de la Comjiaonie Russe-Americaine, le Gouvernement Imperial est parti de la supposition qu'un navire etranger qui auroit,fait voile d'un des ports de 1' Europe, apres le 1"' Mars, 1822, ou d'un des ports des Etats-Unis, apres le 1" Juillet de la meme annee, ne pourroit plus iegalement pretexter 1' ignorance du nouveau Reglement. Nos marins ont done re<,'u I'ordre de regler en consequence leur conduite quant n I'Tpoque a dater de laquelle ils auroient a mettre en vigueur les dispositions susiiicntioiuu'es. Nous croyons devoir communiquer ces notions additionnelles aux Missions Impe- riales, -en les invitant a les porter egalement a la connoissance des Gouyerneniens aupres desquels elles sont accreditees, afin de completer ainsi les informations renfermees dans la Circulaire de ce jour. [Inclosure 2 is the imperial Russian ukase of September 4, 1821, see ante page 25.] KELATING TO TREATY OF 1825. 99 [Translation.] Count Lieven to the 3f(fff Londonderri/. — {Rect^ived March 21.) No. 11.] Washington, Fthruary 19, 1822. My Lord: I Avas iiifornied this morning- by Mr. Adams that the Russian Envoy has, within the last few days, communicated officially to the American Government an Ukase of the Emperor of Russia, which has lately appeared in the pu))lic prints, appropriating- to the sovereignty and exclusive use of His Imperial Majesty the north-west coast of America down to the 51st parallel of latitude, together with a considerable portion of the opposite coasts of Asia, and the neigh- bouring seas to the extent of KM) Italian miles from any part of the coasts and intervening islands so appropriated. In apprizing me of this circumstance, Mr. Adams gave me to understand that it was not the intention of the American Cabinet to admit the claim thus notified on the part of Russia. His objection appears to lie more particularly against the exclusion of foreign vessels to so great a distance from the shore. The note given in hj M. de Poletica is confined, I believe, to a mere communication of the Emperor's Ckase, and of the periods at which it will l)egin to have force, viz., from the 1st March with respect to European vessels, and from the 1st fluly for vessels from this country. Mr. Adams inquired whether I had heard from your Lordship on this head, and on the supposition that a similar communication had in all probability been made by the Russian Ambassador in London, appeared desirous of learning the course which His Majesty's Government intended to adopt with reference to it. I could only repl,v by saying that I had not yet received any intimation from your Lordship on the subject. I have, &c. Stratford Canning. Iludsoiis Bay Coinparnj to the Mar(pnK of Londondt-rrij. — {Rroired March .) ■ 1 V A Hudson's Bay House, Loadon, March 27, 1822. My Lord: It has fallen under the observation of the Governor and Committee of the Hudson's Bay Company that the Russian Govern- ment have made a claim to the north-west coast of America, from Behring's Straits to the 51st degree of north latitude; and in an Imperial Ukase have prohi))ited foreign vessels from approaching the coast within 100 miles, under penalty' of contiscation. Likewise that the American Government are claiming a very considera])Ie extent of country bordering on the Pacific Ocean; and that a Bill is in ])i'ogress in the House of Representatives for settling th(> Columbia and forming- it into a State of the Union. In the Report presented to the House on which this Bill is founded, the (yonmiittee state that the title of the United States to the sov- ereignty of the territory from the 41st degree to the completion of the 53rd degree of north latitude is unquestionable; but that, in the opinion of the Committee, the American (Tovernment have a good claim as far as 60^ north latitude. I need not remind your Lordship that a large portion of that country RELATING TO TREATY OF 1825. 107 was discovered by British iiavigutors, and taken possession of on ))ehait' of Great Britain; nor of tlie atiair of Nootka Sound, in 1789. in conse- quence of ag-g-ressions committed upon British subjects on that coast; but it may be necessary to state to your Lordship that the Americans had no trade with the natives until long- after the British Establish- ments had been formed in the country to the westward of the Rocky Mountains. Jn the year 1792 Sir Alexander McKenzie, then a partner in the late North-West Company, explored from the interior the countr}^ west of the Rocky Mountains, and was the tirst who penetrated to the Pacitic Ocean. In the preceding year Captain Vancouver had surveyed the Columbia River from the mouth to the Falls, 200 miles from the sea. For above twenty years the Bi'itish fur traders have had Settlements, and the Company have an Establishment of 2(i0 men on the Columbia River at this period, and large and valual)le Establishments to the northward. It was not till the year 1S06 that the Americans explored this country, when an expedition was titled out under Captains Lewis and Clarke, who proceeded to the head of the Mississourie, thence across the Rocky Mountains to the River Columbia, and down it to the mouth, and returned b}' the same route. Soon after the return of these gen- tlemen an American Chartered Company was established under the name of the Pacitic Fur Company, who began their operations in 1810. Ships were sent and a fort built at the mouth of the Columbia. This fort was given up to the late North-West Company in the American War, when they bought of the Pacitic Fur Company their whole stock- in-trade, and the country was abandoned by the Americans, and they have not since had any traders in the Columbia, or to the northward. The fort, after the Treaty of Ghent, was demanded by the American Government as included, with other fortified places in that Treaty, although it is more properh' only a trading station, and it has been delivered up, but it remains unoccupied. By a Convention in October 1818, subsequent to the Treaty, it was agreed by the Contracting Parties that the country in question, for the purposes of trade, was to l)e free to the su})jects of both nations for ten years. The fur trade of (Treat Britain, by an Act of last Session and grant from His Majest}", is vested in the Hudson's Bay Company; I cannot, therefore, refrain from calling your Lordship's attention to this matter as of considerable importance at the present moment, and not unlikel}' to lead to very unpleasant occurrences at some future period, if no notice is taken of these proceedings of the Russian and American Governments, the etiect of which would be to exclude British subjects from the northwest coast of America, and a valuable trade in the interior. I have, &c. J. H. Pelly, Dtpviy Governor. Earl Bdthurst io the JJvle of ^Vellmi,ior,. Downing Street, Septewher 11^., 18'22. My Lord: 1 have the honour to transmit, for your Grace's guidance in the execution of the commission with which His Majesty has been 108 DIPLOMATIC CORRESPONDENCE pleased to intrust you in consequence of the lamented death of the Marquis of Londonderry, a Memorandum which was originall^y drawn up by his Lordship, and, having been approved l)v His Majesty's con- fidential servant, was submitted to His Majesty's Government and received His Majesty's sanction, I am, &c. ^ Batiiurst, [Inclosure.] Memordndion. The sul)ject-inatter upon whirh the alUed Ministers will have to deliberate at the approachinirnieetinu; at Vienna may be t'lassed under the following heads: 1. The Turkisti questiun, internal and external. 2. The Spanish question, European and American. 3. The Affairs of Italy. As British points, the Slave Trade, the Austrian Deljt, and the late Russian Ukase will demand attention. Upon the Russian l^kase the objections to its enactment, in principle, are set forth in the note addresse(l to Count Lieven in reply to his communication of the Ukase to the Britisli ( iuvcrnment. The duty of the British Pleni})otentiary will be to bring the Russian Caljinet to some distinct explanation as to the ukkIc in which the differences of opinion on this instrument may be reconciled. Jlc/nora/uhu/i hy tJc- Duhe of Wellington. September 11, 18:^2. In the course of a conversation which 1 had yesterday with Count Lieven, he informed me that he had been directed to give verbal explanations of the Ukase respecting the north-west coast of America. These explanations went, he said, to this, that the Emperor did not propose to carry into execution the Ukase in its extended sense. That His Imperial Majestj^'s ships had been directed to cruize at the shortest possible distance from the shore in order to supply the natives with arms and ammimition, and in order to warn all vessels that that was His Imperial Majesty's dominion; and that His Imperial Majesty had besides given directions to his Minister in the United States to agree upon a Treaty of Limits with the United States. It appears here that this explanation when given will be very little satisfactory; and that at best it is only a verbal explanation of a written and publish(>d Ukase., the terms of which, how^ever contrary to the law of nations and protested against by us. must be the rule for our merchants and traders till we can obtain some document in writing which will alter it. This is the sense in which I propose to act at Vienna upon this part of the instructions, and it is desirable that I should be informed whether Ave have any claim to territory on the north-west coast of America, and what are the opinions and reasonings of the civilians upon the question of doiit'i llioil on the S(;(l. Th(> Russian Ministers will very probably assinu'late their claim of dominion as thus verl)ally explained to the claim which we are sup- posed to ha\e of dominion in the Narrow Seas, which it was attempted to bring into discus.sion at the Congress at Vienna in 1815. We avoided the discussion, and explained the practice of giving and receiving RELATING TO TREATY OF 1825. 109 salutes prevailing- in the British navy in a manner satisfactory to all parties. But we never relinquished the claim of the dominion. On the other hand, we have not recently claimed the dominion in a Pi'oclamation, and warned others not to approach it. September 16, 1822. Since writing- the above I have again seen Count Lieven on this sub- ject, and he has informed me that the Emperor has authorized his Min- ister in the United States to treat upon limits in North America with the United States. He gave me this instruction contidentially, and in order that if we had any claim to territory on the north-west coast of America we might bring it forward, so as not to be shut out by any agreement made between Russia and the United States. It is desirable, therefore, that I should l)e informed upon this subject as soon as mav be convenient. Tludsoji^s Bay Compani/ to 3lr. Georc/e Canninij. — {Received Sep- ^ ttJuhcr .') <^/g. Hudson's Bay House, London^ Septeinhtr ^5, 18-22. Sir: I have the honour to address you, on behalf of the Hudson's Bay Company, upon the subject of the claim set up by Russia to that part of the north-west coast of America which is to the north of the 51st degree north latitude. It appears to the Directors of this Company that the claim of Russia is not well founded, and as the interests of the Company and of the British fur trade would be essentially and greatly injured, should the claims of Russia be admitted b}' the British Government, I feel it to be incumbent upon me, in addition to the representations which I have already made upon this subject, to state briefly the progress of the British fur trade in that part of North America, and to apprize you of the forts or trading- stations, situated to the north of the 51st degree north latitude, which are now occupied by the traders and servants of this Company. In the year 1793 Sir Alexander McKenzie crossed the Rocky Moun- tains in 56° 30' north latitude, and penetrated to the Pacilic Ocean in latitude 52° 20'. Immediately after his return the British fur traders sent expeditions and established trading posts in the country to the westward of the Rocky Mountains. New trading stations have been graduallv formed, as the country was more fully explored, and until 1821 the whole trade of an extensive district named New Caledonia, and extending f i-om the mouth of Fraser's River, situated about 49° north latitude to about 60° north latitude, was carried on by the Brit- ish Nortli-West Company. The partnership of the British North- West Company being then about to expire, arrangements were made in 1821 by which the Hud- son's Bay Company acquired possession of all the forts and trading sta- tions of that Association situated in New Caledonia, as well as in other parts of British North America. The principal forts or permanent and centrical trading stations in New Caledonia, now occupied by the traders and servants of this Com- pany, are situated at the Rocky Mountain portage in 56° north latitude 110 DIPLOMATIC CORRESPONDENCE and 121"-^ west longitude; on Stewart's Lake, in 54:'-' 30' north latitude and 125^ west longitude; on McLeod\s Lake in 55^ north latitude and 124^ west longitude, and on Eraser's Lake in 55° north hititude and about 127- west longitude, and there are several minor trading posts, the situation of which are occasionally changed according to local cir- cumstances. By these means an extensive trade is carried on with all those Indian tril)es which inhal)it the country from about (iO north lati- tude as far south as the mouth of Eraser's River, which is in about 19 north latitude, and between the Rock}^ Mountains and the sea. The British fur traders have never met with the traders of any other nation in that country, and it does not appear that any part of it has ever been occupied by the subjects of Russia or of any other foreign Power. All the considerable rivers which fall into the Pacilic Ocean in this extent of coast have not yet been sufficiently explored to ascertain whether any of them are navigable with large boats, and have safe harbours at their discharge into the sea; the furs procured in that coun- try have therefore been brought to England down the Peace River and through the Hudson's Ba}' Company's territories. But it is probable that, in such an extent of coast, some practicable communication with the sea will be discovered which would save the expensive transport of goods and furs through the interior of America. A direct communication by sea is found to be advantageous in the country to the south of New Caledonia situated on the various branches of the Columl)ia River, where this company have extensive trading- Establishments extending to the head waters of that river in the Rocky Mountains, and the same advantages would be derived from a direct communication by sea with New Caledonia. This Company has trading Establishments also in McKenzie's River, which falls into the Erozen Ocean as far north as 66-^ 30' north latitude, which carry on a trade with those Indians who inhabit the country to the west of that river and to the north of 60" of north latitude, and who, from the nature of the countr}^ can communicate more easily with McKenzie's River than with the trading posts in New Caledonia. I have thus given a brief outline of the British trading stations on the north-west coast of America, and I feel contident that His Majesty's Government will take the proper measures for protecting the interests of this Company and of the British fur trade in that quarter of the world. I have, &c. J. H. Pelly, Diqxdn Governor. ^ f ^«.^«^'<><^^'^ iM \n Mr. (t. Cunn'riuj t<> flu- DnVe of WcUlngton. No. 6.] EoREKiN Office, Sejdeiuher ^7, 1822. My Lord Duke: Your Crace is already in possession of all that has passed l)oth here and at St. Petersburgh on the subject of the issue in September of last year, ])y the Emperor of Russia, of an Ukase indirectly asserting an exclusive right of sovereignty from Behring's Straits to the 51st degree of north latitude on the west coast of America, and to the 15th degree north on the opposite coast of Asia, and (as a ciualitied exercise of that right) prohibiting all foreign ships. RELATING TO TREATY OF 1825. Ill under pain of eonliscation, from approaching- within lUO Italian miles of those coasts. The Ukase having been communicated by Baron Nicolai, the Rus- sian Charge d' Affaires at this Court, to His Majesty's Government, Avas forthwith submitted to the legal authorities whose duty it is to advise His Majest}^ on such matters; and a note was in consequence addressed In^ the late Marquis of Londonderry to Count Lieven, the Russian Ambassador, and also communicated to His Majesty's Ambas- sador at St. Petersburgh, protesting against the enactments of the said Ukase, and requesting such amicable explanations as mig-ht tend to reconcile the pretensions of Russia in that quarter of the globe with the just rights of His Majesty's Crown and the interests of his subjects. As suchexplanations will probably be offered to your Grace during the Conferences al)out to take place at Vienna, I hasten to signify to you the King's commands as to the language which you will hold on the part of His Majesty upon this subject. The opinions given in November and December last by Lord Stowell and by His Majesty's Advocate-General (copies of which are alread}^ in your possession) will furnish you with the best legal arguments in opposition to the pretensions put forward in the Russian Ukase; and as, in l)oth these opinions, much stress is very properly laid upon the state of actual occupation of the territories claimed b}^ Russia, and the different periods of time at which they were so occupied, 1 have obtained from the Governor of the principal Company of His Majesty's subjects trading in that part of the world the information which your Grace will tind in the inclosed papers. That information will enable you sufficiently to prove to the Russian Ministers, not only that the point of prior discovery may be fairly disputed with Russia, but that the much more certain title of actual occupation by the agents and the trading- servants of the Hudson's Bay Company extends at this moment to many degrees of higher latitude on the north-west coast of America than is claimed as the territory of Russia by the Ukase in question. Enlightened statesmen and jurists have long held as insigniticant all titles of territory that are not founded on actual occupation, and that title is in the opinion of the most esteemed writers on put)lic law to be estal)lished onh' by practical use. With respect to the other points in the Ukase which have the effect of extending the territorial rights of Russia over the adjacent seas to the unprecedented distance of 100 miles from the line of coast, and of closing a hitherto unobstructed passage, at the present moment the object of important discoveries for the promotion of general commerce and navigation, these pretensions are considered by the best legal authorities as positive innovations on the right of navigation. As such, the}^ can receive no explanation from further discussion, nor can by possibility be justified. Common usage, which has obtained the force of law, has indeed assigned to coasts and shores, an accessorial boundary to a short limited distance for purposes of protection and general con- venience, in no manner interfering with the rights of others, and not obstructing the freedom of general commerce and navigation. But this important qualification the extent of the present claim entirely excludes, and when such a prohibition is, as in the present case, aipplied to a long line of coasts, and also to intermediate islands in remote seas where navigation is beset with innumerable and unfore- seen ditficulties, and wdiere the principal employment of the fisheries 112 DIPLOMATIC CORRESPONDENCE must be pursued under circumstances which are incompatible with the prescribed courses, all particular considerations concur, in an especial manner, with the general principle,-in repelling such a pretension as an encroachment on the freedom of navigation, and the unalienable rights of all nations. I have indeed the satisfaction to believe, from a conference which I have had with Count Lieven on this matter, — that upon these two points, — the attempt to shut up the passage altogether, and the claim of exclusive dominion to so enormous a distance from the coast, — the Russian Government are prepared entirely to waive their pretensions. The onlv effort that has been made to justify the latter claim was by reference to an Article in the Treaty of Utrecht which assigns 30 leagues from the coast as the distance of prohibition. But to this argument it is sufficient to answer, that the assumption of such a space was, in the instance quoted, by stipulation in a Treaty, and one to which, therefore, the party to be affected l>v it had (whether wisely or not) given its deliberate consent. No inference could be drawn from that transaction in favour of a claim by authority, against all the world. I have little doubt, therefore, but that the public notification of the claim to consider the portions of the ocean included between the adjoining coasts of America and the Russian Empire as a ■mare clrmsum^ and to extend the exclusive territorial jurisdiction of Russia to 100 Italian miles from the coast, will l)e publicly recalled, and I have the King's commands to instruct vour Grace further to require of the Russian Minister (on the ground of the facts and reasonings furnished in their despatch and its inclosures) that such a portion of territory alone shall be detined as belonging to Russia as shall not interfere with the rights and actual possessions of Her Majesty's subjects in North America. I am, &c. George Canning. Baron Tuyll to Count NesscJrode. [Extract.] Liverpool, Octoher 21 {JVovemher 2 II sera sans doute expedient de faire, a cet egard, toutes les tentatives possibles, en alleguant la nouveaute de ces derniers Etablissements, la clause du Privilege des deux Compagnies reunies, posant des bornes Ti leur extension future, et le prejudice "que la proximite de ces postes ne peut manquer de causer a FEtablissement Russe, plus ancien & connu sous le nom de Novo-Archangelsk. Mais dans la supposition que Ton ne put reussir a etendre les frontieres de la Russie beaucoup plus vers le Sud, il serait, ce semble, indispensable de les voir au moins fixees au 55e degre de latitude Nord, ou mieux encore, a lapointe nxh-hlional, inet de Russie a pris en mCire consideration le ]\Iemoire Confidentiel que M. le Due de Wellington lui a remis le 17 Octobre dernier relativement aux mesures adoptees par Sa Majeste FEmpereur sous la date du 4 (16) Septembre, 1821, pour determiner I'etendue des possessions Russes sur la cote nord-ouest de I'Amerique, et pour interdire aux vaisseaux. etrangers rai)proche de ces possessions jusqu'a la dis- tance de 100 milles d'ltalie. Les ouvertures faites k ce sujet au (4ouvernpment de Sa Majesti' P>ritaniiique par le Comte de Lieven au moment on cet Anil)assad*Mn' alloit (juitter Londrt's, doivent deja avoir prouve que 1' opinion que le Cal)inet de Saint-.Iames avoit conrne des mesures dont il s'agit, n'etoit point fondee sur une appreciation entierement exacte des vues de Sa Alajeste Imperiale. La Russie est loin de meconnoitre que I'usage et I'occupation constituent le plus solide des titres d'apr^s lesquels un Etat puisse reclamer des droits de souverainete sur une portion quelconque du continent. La Russie est plus loin encore d'avoir voulu outrepasser arbitrairement les limites que ce titre assigne a ses domaines sur la cote nord-ouest de I'Amerique, ou exiger en principe general de droit maritime les regies qu'une necessite purement locale 1' avoit obligee de poser pour la navigation etrangere dans le voisinage de la partie de cette cote qui lui appartient. C'etoit au contraire parce qu'elle regardoit ces droits de souverainete comme legitimes et parce que des considerations imperieuses tenant a 1' existence meme du commerce qu'elle fait dans les parages de la cote nord-ouest de I'Amt^rique, la forgo- ient a etablir un svsteme de precautions devenues indispensables, qu'elle a fait paro- itre rUkase du 4 (16) Septembre, 1821. La Russie seroit toujours prete a faire part des motifs (jui en justifient ses disposi- tions mais pour le moment elle se bornera aux observations suivantes. M.,le Due de Wellington affirme dans son Menioire Conlidentiel du 17 Octobre que des Etablissemens Anglois, appartenant a deux Compagnies: celle de la Baye de Hudson et celle du Nord-Ouest, se sont formes dans une contree appelee la Nouvelle- Caledonie, (jui s'etend le long de la cote de I'Ocean Pacifique, depuis le 49° jusqu'au 60° de latitude septentrionale. La Russie ne parlera point des Etablissemens qui peuvent exister entre le 49 et 51 parallele, mais quant aux autres, elle n'hesite pas de convenir qu'elle en ignore jusqu' ji present I'existence, pour autantau moins qu'ils toucheroient I'Ocean Pacifique. Les Cartes Angloises meme les plus recentes et les plus detaillees n'indiquent absolument aucune des stations de commerce mentionm^s dans le Memoire du 17 Octobre, sur la cote nn inc de rAin('rique, entre le51° et 60° de latitude septentrionale. D'ailleurs, depuis les t'xjH'ditions de Behring et de Tchiricoff, c'est-a-dire, depuis pres d'un siecle, des Etablissemens Russes out pris, il partir du 60°, une extension progressive, qui des I'annee 1799 les avoit fait parvenir jusqu'au 55 parallele, comme RELATING TO TREATY OF 1«25. 115 le porte la premiere Charte de la Compagnie Russe-Am^ricaine, Charte qui a regu dans le terns una publicite officielle et qui n'a motiv^ aucune protestation de la part de I'Angleterre. Cette meme Charte accordoit a la Compagnie Russe le droit de porter ses Etablisse- mens vers le midi au dela du 55° de latitude septentrionale, pourvuque de tels accro- issemens de territoire ne pussent donner motif de reclamation a aucune Puissance etrangere. L'Angleterre n'a pas non plus proteste contre cette disposition, elle n'a pas meme reclame contre les nouveaux Etablissemens que la Compagnie Russe-Americaine a pu former au sud du 55°, en vertu de ce privilege. La Russie etoitdonc i^leinemtnt autorisee a profiter d'un consentement, qui, pour etre tacite, n'en etoit pas moins solennel, et a determiner pour bornes de ses domaines le degre de latitude, jusqu'auquel la Compagnie Russe avoit 4tendu ses operations depuis 1799. Quoiqu'il en soit et quelque force que ces circonstahces pretent aux titres de la Russie, Sa Majeste Imperiale ne deviera point dans cette conjoncture du systeme habituel de sa politique. Le premier de ses vceux sera toujours de prevenir toute discussion et de consolider de plus en plus les rapports d'amitie et de parfaite intelligence qu'elle se felicite d'entretenir avec la Grande-Bretagne. En consequence I'Empereur a charge son Cabinet de declarer a M. le Due de Wellington (sans que cette declaration puisse prejudicier en rien il ses droits, si elle n' etoit point acceptee) qu'il est pret a fixer, au moyen d'une negociation amicale et sur la base des convenances mutuelles, les degres de latitude et de longitude que les deux Puissances regarderont comme dernieres limites de leurs possessions et de leurs Etablissemens sur la cote nord-ouest de I'Amerique. Sa Majeste Imperiale se plait a croire que cette negociation pourra se terminer sans difficulte a la satisfaction reciproque des deux Etats, et le Cabinet de Russie pent assurer des a present M. le Due de Wellington que les mesures de precaution et de surveillance qui seront prises alors sur la partie Russe de la cote d'Amerique, se trouveront entierement conformes aux droits derivant de sa souverainete, ainsi qu'aux usages etablis entre nations, et qu'aucune plainte legitime ne pourra s'elever contre el les. Verone, le 11 {23) Novembre, 1822. [Inclosure 2.— Translation.] Confidential memorandum. The Russian cabinet has seriously considered the confidential memorandum which the Duke of Wellington addressed to it on the 17th of last October in relation to the measures adopted by His Majesty the Emperor, under date of September 4 (16), 1821, to determine the extent of the Russian possessions on the northwest coast of America and to prevent foreign vessels from approaching these possessions within the dis- tance of 100 Italian miles. The overtures made in regard to this subject to the Government of His Britannic Majesty by Count de Lieven, at the time of the departure of that ambassador from London, must already Imve proved that the opinion the Court of St. James enter- tained of the measures under consideration was not founded upon an entirely exact understanding of the views of His Imperial Majesty. Russia is far from failing to recognize that use and occupation constitute the best titles by which a state can lay claim to rights of sovereignty over any part of the continent. Russia is further still from having wished to arbitrarily 'overstep the boundaries which such title assigns to her dominions on the northwest coast of America, or to insist as a general principle of maritime law upon the regulations that a purely local necessity had obliged her to impose upon foreign navigation in the neighborhood of the part of this coast which belongs to her. It was, on the contrary, because she regarded these rights of sovereignty as legit- imate, and because imperative considerations involving the very existence of the commerce in which she is engaged along the northwest coast of America, forced her to establish a system of precautions w^hich has become indispensable, that she issued the ukase of September 4 (16) , 1821. Russia would always be ready to explain the motives which justify her conduct, but for the present she will confine herself to the following observations: The Duke of Wellington states in his confidential memorandum of October 17 that some English settlements, belonging to two companies, the Hudson Bay and 116 DIPLOMATIC CORRESPONDENCE the ISorthwoyt, have been furiiiecl in a country called New Caledonia, which extends along the coast of the Pacific Ocean from the forty-ninth degree to the sixtieth degree of north latitude. Russia will not speak of the settlements wdiich may exist between the forty-ninth and fifty-first parallels, but as to the others she does not hesitate to admit that she is still in ignorance of their existence, at least so far as their touching the Pacific Ocean is concerned. Even the most recent and complete English maps do not show a single trading post, mentioned in the memorandum of October 17, on the coast of America between the fifty-first and sixtieth degrees df north latitude. Morem'er, since the rxpiMlitions of Behring and Tchiricoff — that is, for nearly a century — PkUssian settlements liave l>een gmwing so steadily from the sixtieth degree onward that in 17iHl»they luid reaclieil tlie iifty-lifth ])arallel, as the first charter of the Kiissian-Aiueriean Company sliows wliicli cliarter at the time received official publicity, and which has called forth no protest mi the part of England. This same charter accordetl to the Russian Company the right to extend its settle- ments toward the south beyond the fifty-fifth degree of north latitude, provided that such increase of territory would give' rise to no protest on the part of any for- eign power. No objection was made to this provision, either, by England. She did not even protest against the new settlements that the Russian American Company may have established to the south of the fifty-fifth degree by reason of this privilege. Russia was thus fully authorized to profit by a consent which was not the less sol- emn because it was tacit, and to fix as the boundary of her dominions the degree of latitude to which the Russian Company had extended its operations since 1790. However that may ])e, and whatever force these circumstances may lend to Russia's title. His Imperial Majesty will not deviate in the slightest degree, at this jimcture, from liis accustomed jxilitical system. His most cherishe' Aout, 1822. Le Sou8sigiie, Secretaire d'Etat, dirigeant le Ministere des Affaires Etrangeres s'est empresse de mettre sous les yeux del'Emperour la note que Mr. Middleton, Envoye Extraordinaire et Ministre Plenipotentiaire des Etats-Unis d'Amorique, lui a adressee le 27 Juillet, afin de rappeler I'attention du Ministere Imperial sur la correspondance qui a eu lieu entre 1' Envoye de Russie a "Washington et le Gouvernenient des Etats- Unis, concernant certaines clauses du Reglement eman6 le 4 (16) Septembre, 1821, et destine a, proteger les interets du commerce Russe sur la cote nord-ouest de 1' Ame- rique Septentrionale. Anime du d^sir constant de maintenir dans toute leur integrite les relations ami- cales qui subsistent entre la Cour de Russie et le Gouvernement des Etats-Unis, 128 DIPLOMATIC CORRESPONDENCE I'Empereur s'est pluu prevenir les voeux que viennent de lui etre temoignes. Dt'ja depuis un inois M. le General-Major Baron de Tuyll, nommeau postequ'occupoit M. de Poletica, a re^u I'ordre de poursuivre, immediatement apres sonarrivee a Wash- ington, la tache importante que son predecesseur auroit egalement remplie, si I'etat de sante lui aveit perniis de prolonger son sejour en Am^rique. Ne doutant pas des dif^positions amicales que le Gouvernement Americain appor- tera aux n^gociatinns quo le General Tuyll va ouvrir; et assure d'avance que par une suite de ces menu's iicLzuciatiuns les interets du commerce de la Compagnie Russe- Americaine seront ]iri'.-t'r\('s(le toute lesion, I'Empereur a fait munir les vaisseaux de la marine imperiale qui font et et feront la croisere sur la cote nord-ouest des instruc- tions les plus analogues au but que les deux Gouvernemens aimcront A atteindre par des explications dirigees de part et d'autre, dans un esprit de justice, de concorde, et d'amit ie. En ecartant ainsi de son cote toute chance qui auroit pu mener aux voyes de fait que le Gouvernement Americain semble apprehender de loin, 8a*Majeste Imperiale se plait a espererque le President de Etat8-rnisado|)terasuecessivement des mesures que sa sagesse lui montrera comme les jilus pmpn-s a rectifier toutes les erreurs accreditees par une malveillance qui cherche a dauaturer les intentions eta compro- mettre les rapports intimes des deux Gouverremens. Du moment ou la marine et le commerce des Etats-Unis seront convaincus que Ton s'occupe respectivement des questions qui se sont elevees au sujet du reglement du 4 (16) septembre, dans la ferme resolution de les decider d'un commun accord, sous les auspices du bon droit et d'une amitie inalterable; des ce moment, la surveillance dont se trouvent charges, en vertu des nouvelles instructions, les vaisseaux de la marine imperiale, qui se rendront sur le nord-ouest d'Amerique, ne sauroit jamais motiver de facheuses complications. C'est en se livrant a cette certitude que ]\Ir. ]\Iiddleton voudra ])ien sans doute partager, qu'il ne reste i^lus au soussigne qu'a ajouter aux conmumications (|u'il a eu ordre de faire en response a la note du 21 juillet I'assurance de sa considerations tres distinguee. Nesselrode. [Inelosuro.— Translation.] Count Nesselrode to Mr. Mlddleton. St. Petersburg, August 1, 1822. The undersigned, secretary of state, directing the department of foreign affairs, hastens to lay before the Emperor the note that^Ir. Middleton, envoy extraordinary and minister plenipotentiary of the Ignited States of America, addressed to him on the 27th of July, in order to recall to the attention of the Imperial Government the correspondence which had taken ])]ace between the envoy of Russia at Washington and the Government of the United States, concerning certain clauses of the regula- tion promulgated the 4th (16th) of September, 1821, and designed to protect the interests of Russian commerce on the northwest coast of North America. Animated by the constant desire to maintain intact the friendly relations existing between the Court of Russia and the Government of the United States, the Emperor was pleased to anticipate the wishes which have just been made known to him. A month ago Major-General Baron de Tuyll, appointed to the post formerly occupied by M. de Poletica, received the order to take up, immediately upon his arrival in Washington, the important task that his predecessor would have accomplished had the state of his health permitted him to prolong his stay in America. Having every coiilidcncc in the friendly dispositions with which the American Government will enter into the ni'Ljotiations to be inaugurated by General Tuyll, and being assurecl befoi'elianil that, as a conseiiuence of these same negotiations, the inter- ests of the commerce of the Russian-American Company will be preserved from injury, the Emperor has directed that the vessels of the Imperial navy cruising at the present time and in the future along the northwest coast be furnished with the instructions most conducive to the end that the two Governments desire to attain by explanations conducted on both sides in a spirit of justice, of concord, and of friendship. In thus removing, on his ])art, every contingency that might have led to the acts of violence which the American Government ap])ears to apprehend in the future, His Imperial Majesty entertains the hope that the President of the United States will adopt such measures as his wisdom may suggest to him as those best adapted to rectify all the errors arising from a malevolent spirit which seeks to misrepresent the intentions and to compromise the good understanding of the two Governments. When the navy and commerce of the United States realize that the questions which RELATING TO TREATY OF 1825. 129 arose in regard to the regulation of the 4th (16th) of September are being considered with the firm resolve to decide them by common consent, in the light of actual right and of unalterable friendship, from that moment the surveillance with which the vessels of the Imperial navy on the northwest coast of America are charged, by vir- tue of the new instructions, will cease to be the cause of troublesome complications. Entertainiui: this feeling of perfect security, which Mr. Middleton will doubtless share, there remains nothing to the undersigned but to add to the communications which he has been directed to make in reply to the note of July 21 the assurance of his most distinguished consideration. Nesselrode. Sh' C. Bagot to Mr. G. Canning. [Confldcntial.] No. 48.] St. Petersburg, Octoljer 17 {29), 1823. 7/0 (Received Nov. 17.) Sir: Mr. Hughes, the American chiirg-e d'affaires at Stockhohii, arrived here on the 16th instant, and has delivered to ]Mr. Middleton the instructions which I had already led him to expect from his Gov- ernment upon the sul)ject of the Imperial ukase of the ith September, 1821, and upon the concert of measures which the United States are desirous of establishing with Great Britain in order to obtain a disa- vowel of the pretentions advanced in that ukase by this country. As Mr. Hughes was the bearer of instructions upon the same sub- ject to the American minister in London, I may, 1 am aware, presume that Mr. Rush will have already communicated to 3^ou the view taken of this question by the United States, and 1 think it probable that 3"ou may have alread}- anticipated this dispatch by framing for my guid- ance such further instructions as, luider that view, it may be thought necessary that 1 should receive. It may, nevertheless, be very desir- able that 1 should lose no time in reporting to you the substance of some conversations which Mr. Middleton has held with me since the arrival of Mr. Hughes, and it is principally for this purpose that 1 now dispatch the messenger Walsh to England. Although Mr. Middleton has not conmumicated to me the instruc- tions which he had received, I have collected from him, with certainty what I had long had reason to suspect, that the United States, so far from admitting that they have no territorial pretensions so high as the hfty -first degree of north latitude and no territorial interest in the demar- cation of boundary between His Majesty and the Emperor of Russia to the north of that degree, are fully prepared to assert that they have at least an equal pretension with those powers to the whole coast as high . as the sixty-first degree, and an absolute right to ])e parties to any subdivision of it which may now be made. Unless I greatly misconceive the argument of Mr. Middleton, it is contended b}^ the American Government that, in virtue of the treaty of Washington, by which the Floridas were ceded by Spain to the United States, the latter are become possessed of all claims, whatever the}'' might be, which Spain had to the northwest coasts of America, north of the forty-second degree of north latitude, and that when Great Britain, in the year 1790, disputed the exclusive right of Spain to this coast, the Court of Russia (as, indeed, appears by the declaration of (Jount Florida Blanca, and as it would, perhaps, yet more clearly appear b}" reference to the archives of the foreign department here) 21528—03 16 130 DIPLOMATIC CORRESPONDENCE disclaimed all intention of interfering- with the pretensions of Spain, and, consequently, all pretensions to territory" south of the sixty- first degree, and that, therefor(% any di\ ision of the coast lying between the forty -second and sixt^^-tirst degrees ougiit in strictness to be made between the United States and Great Britain alone. Mr. Middleton, however, admits that the United States are not pre- pared to push their pretensions to this extent. He says that they are ready to acknowledge that no country has an}- absolute and exclusive claim to these coasts, and that it is only intended by his Government to assert that, as heirs to the claims of Spain, the United States have, in fact, the l)est pretensions which any of the three powers interested can urge. Assuming, upon these grounds, their right to a share in the division, the United States, it seems, desire that, the division being made, the three powers should enter into a joint convention mutually to grant to each other, for some limited period, renewable at the pleasure of the parties, the freedom of tisher}^ and of trade with the natives, and what- ever other ad^•antages the coasts may afford; and Mr. Middleton has confidentially ac([uainted me that he has in fact received from his Gov- ernment the "■projeU"' of a tripartite convention to this effect, and he has conuuunicated to me a copy, which I now inclose, of the full powers with which he has been furnished to negotiate such convention with the plenipotentiaries of Great Britain and Russia. As neither the instructions nor the powers which I have received in regard to this question were framed in contemplation of any such pre- tension as that which is now put forward by the American Govern- ment, 1 have explained to Mr. Middleton how impossible it is for me to proceed further with him in the business until I shall have received fresh instructions from you; and I have, with his knowledge, informed M. Poletica that I must, for the present, suspend the conferences (upon the territorial part of the question at least) into which he and 1 had already entered. I can not disguise from myself that, judging from the conversations which 1 have had, both with Count Nesselrode and M. Poletica, upon the general subject of the ukase, these new, and, I must think, unex- pected pretensions of the United States are very likely to render a sat- isfactory adjustment of the business a matter of more difficulty than I at first apprehended. A full disavowal ])y Russia of her pretension to an exclusive mari- time jurisdiction in the North Pacific Ocean will, I have no doubt, be obtained; but 1 am strongly inclined to believe that this Government will not easily be brought to acknowledge the justice of any claim of the United States to anj^ part of the territory in question north of the fifty -first degree, and I am still more strongly inclined to believe that, a division once made, this Government will never permit the United States, if they can prevent it, either to fish, settle, or trade witli the natives within the limits of the territory which may be allotted to Russia. I take this opportunity of inclosing to you a copy of the note which 1 received from Count Nesselrode, the day l)efore he left St. Petersl>urg, acquainting me that the Emperor had ap]:)ointed M. Poletica to enter into preliminary discussion with Mr. Middleton and myself upon the different questions growing out of the ukase. As it appeared by this note that M. Poletica was not empowered to RELATING TO TREATY OF 1825. 131 treat, or, indeed, to pledg-e his Government to any precise point, I have abstained from entering- with him as fully into the matter as 1 should have done had his powers been more extensive. I had, however, two conversations with him, previously to Mr. Mid- dleton's receipt of his last instructions, upon the subject of territorial boundary as it regarded ourselves, and 1 then gave him to understand that the British Government would, I thought, be satisfied to take Cross Sound, lying about the latitude of 57^^, as the boundary between the two powers on the coast; and a meridian line drawn from the head of L} nn Canal, as it is laid down in Arrowsmith's last map, or about the one hundred and thirty-tifth degree of west longitude, as the bound- ary in the interior of the continent. M. Poletica, not l)eing authorized to do more than take any sugges- tion of this kind ad referendum, I am of course not yet able to inform you, as I am instructed to do by your dispatch No. 12, how far a more formal proposition on this basis, or on the basis of a line drawn at the iifty-seventh degree, as suggested in that dispatch, might be agreeable to the Imperial Government. M. Poletica seemed to suggest the lifty- tifth degree as that which, in his opinion, Russia would desire to obtain as her boundary: and he intimated that it would be with extreme reluctance that Kussia would, he thought, consent to any demarcation which w^ould deprive her of her establishment at Sitka, or rather at Novo-Archangelsk. Still, 1 should not altogether have despaired of inducing this Govern- ment to accept Cross Sound as the boundary; and though 1 am aware that in suggesting this point I put in a claim to something more than 1 am instructed to do in your dispatch above referred to, I thought that it might be for the advantage of the negotiation if 1 reserved the prop- osition of the fifty-seventh degree to a later period of it, and, judging from the map, it appeared to me that it might be desirable to obtain, if possible, the whole group of islands extending along the coast. But the discussion of this, and all other points connected with settle- ment of boundary, seems necessarily to be suspended for the moment bv the nature of Mr. Middleton's late instructions, and I shall not think it safe to venture further into the question until I shall have learned the opinion of His Majesty's Government upon the pretensions advanced in those instructions by the United States. I have, etc., Charles Bagot. [Iiiclnsure 2.] Count Nesselrode to Sir C. Bagot. St. Petersbourg, le 22 Aoxd., 1823. M. rAMBASSADECR: Ell cjuittaiit St. Petersbourg, I'Empereur m'a charge d'annoncer a voire Excellence que, m'ayant donne ordre de la suivre dans son voyage, elle avoit autorise M. le Conseiller d'Etat Actuel de Poletica a entamer avec vous, M. I'Ambas- sadeur, des pourparlers relatifs aux differends qui se sont Aleves entre la Kussie et I'Angleterre, a la suite du nouveau Reglement donne a la Compagnie Russie-Ameri- caine par I'Oukase de Sa Majeste Imperiale en date du 4 (16) Septembre, 1821. Ces pourpalers auront pour but de preparer les voles a rajustement deflnitif de ces differends, et je ne doute point qu'ils ne facilitent ce resultat si vivement desire par I'Empereur. Je saisis, etc., Nesselrode. ^\ 132 DIPLOMATIC €ORRESP()NDENCE [Inclosure 2. — Translation.] Count Nesselrode to Sir C. Bagot. St. Petersburg, AikjuM 22, 1823. Mr. Ambass.-vdor: On leaving St. Peteri^burg the p]mperor charged me to announce to your excellency that, having directed me to follow him on his journey, he had authorized Active-Councillor-of State de Poletioa to treat with you, ]\Tr. Ambassador, in regard to the differences which have arisen between Russia and England, in con- sequence of the new regulations given to the Russian American Company by the ukase of His Imperial Majesty of the 4th (16) of Septeniber, 1821. The object of these negotiations will be to jorepare the way for the permanent adjustment of these differences, and I do not doubt that they will facilitate that result which is so earnestly desired by the Emperor. I take advantage, etc., " Nesselrode. M. Poletica to Count Nesselrode. St.-Petersbourg, le 3 novemhre 1823. (Received 7/19 Nov.) Monsieur le Comte: Iiiimediateinent apres que V. Exc. eut quitte St.-Petersbourg au mois d'aoilt dernier, je m'occupais de Texecution des ordres qui m'ont ete traces dans Toffice ministeriel en date du 18 du meme mois, fFai pense qu'avant que d'entrer en pourparlers avec TAmbassadeur d'Angleterre et TEnvoye Americain, il convenait de me mettre prea- lablement bien au fait des dispositions de notre Compagnie d'Amevique, tant a Tegard de la question concernant les limites de ses possessions sur la cote nord-ouest du continent americain. ([ue des objets plus importans de la juridiction maritime, que Tedit du 1 septembre 1821 avait etendu jusqu'a la distance de 100 nriUes d'ltalie des cotes de la terre ferme. Mes entretiens sur ces deux points avec M, le Conseiller prive C. de Lambert, que le Ministere des finances avait constitue organe des interets et des vteux de notre Compagnie Americaine, me persuaderent que les uns seraient mis en surete et les autres complette- ment remplis, si Ton parvenait a fixer les limites des possessions de la dite Compagnie au ol** degre de latitude nord, et en leur donnant pour profondeur tel degre de longitude (meridien de Greenwich) qui dans son prolongement vers le pole laisserrait en dehors de notre limite la riviere Mackenzie. Dans la fixation de la longitude M. le C. de Lambert avait eu princi- palement en vue I'etablissement d'une barriere a laquelle s'arreteraient une fois pour toutes, au nord coEe a Touest de la cote allouee a notre Compagnie Americaine, les empietemens des agens de la Compagnie Anglaise reunie de la baye de Hudson et de Nord-Ouest qu^une con- naissance plus exacte du pavs traverse par la riviere Mackenzie aurait pu facilemcnt amener par la suite du terns dans le voisinage de nos etablissemens. M. le C. de Lambert ne me laissa i)as igiiorer en meme tems que notre Conq)agnie Americaine n'etoit nuUement dispose Ji faire des concessions quelcon(iues, soit aux Anglais, soit aux Americains, sous le rapport du commerce et de la navigation dans les limites de ses possessions recoBues. Qu'elle etait au cbntraire fermement decidee a s'en reserver I'exploitation exclusive, et cette determination de sapartmerite d'etre remarquee, vu qu'elle, fermera, selon toutes les i)robal)ilites, la princi- pale et meme Funique difficulte dans la negociation avec le Gouverne- ment des Etats-Unis d'Amerique. RELATING TO TREATY OF 1825. 133 Muni de ces donnees, qui coiiiplettaient les directions et les amples renseignemens qui m'ont ete fournis par le Ministere Imperial, je eherchai ti me mettre en rapport avec le Chevalier Bag'ot et M. Mid- dleton. L'Envoye Americain se trouvant en ville, fut le premier que j'allai voir. Je lui lis connaitre en termes generaux Tobjet de ma visite, ainsi que mon vif desir de contribuer meme d'une maniere indirecte a I'apla- nissement des difficultes qui s'etaient elevees entre les deux Gouverne- ments au sujet des mesures prises ohez nous pour proteger les interets compromis de notre Compagnie Americaine. ]M, Middleton me repondit, si la suite des civil ites ordinaires, quMl regrettait beaucoup de ne pouvoir, pour le moment, se livrer a sa propre impatience, d'entrer aussitot en raatiere avec moi, faute d'instructions definitives sur cet important ol)iet, de la part de son Gouvernement; qu'il les attendait incessamment, et qu'aussitot qu'elles lui seroient parvenues, il s'empresserait de me le faire savoir. Dans le courant de la convei'sation, M. Middleton me tit entendre, que lui et TAmbassa- deur d'Angleterre etaient convenus de se tenir, pour ainsi dire, par la main dans cette partie de la negociation qui aura trait a la question de la juridiction maritime. II etait elair, d'apres la reponse de rEnvoye Americain que toute demarche ulterieur de ma part aupres de lui serait supertlue, jusqu'a Tarrivee des instructions qu'il attendait. Je pris aussi le parti de me tenir parfaitement tranquille a son egard. Ce t'ut a pen pros vers le meme temsque je vis pour la premiere fois I'Ambassadeur d'Angleterre a sa campagne. Le Chevalier Bagot me reyut avec la politesse la plus f ranche. Et quoiqu'il ne jugea pas ii propos non plus de s'expliquer autrement qu'en termes generaux sur Tatiaire que nous avions a discuter ensemble, son langage et le ton qu'il y a mis indiquaient clairement les dispositions les plus conciliantes. II me contirmace que M. Middleton m'avoit dit, eoncernant leur accord de saivre en commun la question de la juridic- tion maritime. Le Chevalier Bagot remit jusqu'si son retour en ville, qui devait avoir lieu dans une quinzaine de jours, le commencement de nos pour- parlers en forme. Etfectivement le surlendemain de son retour en ville, FAmbassadeur d'Angleterre vint me rendre sa visite, (|ui se passa en pures civilites; cependantil m'insinua que les nouvelles instructions de M. Middleton n'etant point encore arrivees, il serait convenable d'at- tendre encore quelque temps. Quelques jours apres j'eus Thonneur de duier chez I'Ambassadeur Britannique. Au sortir de tal)le il me prit a Tecart pour me dire, qu'en attendant les instructions que M. Middleton n'avoit point encore recues, rien ne nous empechait d'aborder la question territoriale a laquelle les Americains etaient en quelque facon etrangers. II me proposait en consequence de passer chez moi, un jour qui seroit a notre convenance mutuelle. Toutes mes instances pour engager le Chevalier Bagot a me recevoir chez lui ont ete inutiles. Au jour convenu, le 3 octobre dernier Sir Charles Bagot vint me trouver vers midi. II debuta par me demander si, dans le cas qu'il me communiquerait une proposition specitique quelconque relative a la question territoriale, jetaisautorise a lui declarer, que cette proposition serait agreable ou non au Gouvernement Imperial. Je repondi aussitot 134 DIPLOMATIC COREESPONDENCE ii rAiiibassadeur Britamiique. que iiies instrurtions ne me permettaient aiicune declaration positive a eet egard: qifelles se bornaient iinique- luent a me pei-ihettre de discuter eontidentiellement soit avee lui. soit avec M. Middleton. Tallaire doiit il s'agit, de leiir fournir touted les explications (pie cette discussion pourrait me sug-gerer: et cela dans la vue de faciliter la negociation directe et formelle lorsquVlle viendrait a etre etablie apres le retour do S. M. I.; que ces pourparlers prelimi- naires, (pie j'avais ete autorise a entamer avec lui et M. Middleton, avaient paru au Gouvernement Imperial un moyen convenable d'ac- celerer la negociation directe et d'abreger les discussions subsequentes et les ecritures, en tant qu'il serviroit a faire connaitre d'avance les vues generales des Gouvernemens respectifs sur I'atlaire qu'il s'agissait d'arranger; qu'il s'en suivait par consequent que je ne pouvais accueil- lir autrement toute proposition qui serait autrement toute qu'en la prenant ad referendnin. Ce point explique, le Chevalier Bagot m'interpella de lui faire con- naitre quelle seroit, dans la pensee du Gouvernement Imperial, la ligne de separation entre nos possessions sur la cote nord-ouest de I'Ameri- que et celles que TAngleterre se croyait en droit de revendiquer. Je crus qu'il convenait mieux d'aborder f ranchement la question. Laissant done le cote les circonlocutions, que le Gouvernement Imperial croirait avoir satisfait a toutes les concessions, que reclamait sa moderation et son vir desir de maintenir la bonne intelligence avec toutes les puis- sances etrangeres, en tixant la limite entre les possessions russes et anglaises au 54^ degre de latitude et en donnant pour longitude telle ligne, qui, dans son prolongement en ligne droite vers le pole, laisseroit la reviere Mackenzie en dehors de la frontiere russe. Le Chevalier Bagot me repondit, apres avoir reflechi un moment, que le point de demarcation, que je venois de lui indi([uer. etoit l)ien loin de celui que son Gouvernement auroit voulu tixer. II me dit ensuite, que d'apres toutes les recherches qui ont ete faites en Angle- terre et les opinions exprimees par les hommes de loi Jes plus experts, les droits de la Russie a la possession de la cote nord-ouest de TAmerique, au-dessous du 60'^ de latitude, n'etoient rien moins que l)ien etablis; que le seul titre legitime de toute possession terri- toriale etoit, d'apres I'avis des publicistes anglois et leurs honmies de loi qu'on a consultes, non la premiere decouverte ou meme la prise de possession selon les anciennes t'ormalites usitees_ par les navi- gateurs, mais I'occupation pratique des territoires nouvellement decouverts; que cette preuve de droit manquoit aux titres pro- duits jusqu'a present par la Russie, a Texception de Fetablisse- ment de Novo-Archangelsk, qui ne date toutefois que depuis Fannee 1802 ou 1803. A Tappui de ce qu'il venoit de me dire, le Cheva- lier Bagot me lut une opinion de I'avocat du Roi a Londres, con^ue dans le sens qu'il avoit enonce; et pour me demontrer que les pretentions de la Russie ii la possession des points au-dessous du B0° dc latitude sur la dite cote etoient d'une origine tres recente. FAmlias- sadeur l)ritanni(]ue me tit la h^'ture de quelques pieces de la corres- pondance ((pii cut lieu en lT!t0) entre le Compte de Florida Blanca et M. Fitzherl)ert, dejuiis Lord St. Helen's, lors du ditlerendqui s'etoit elevc entre TEspagne et I'Angleterre au sujet de Nootka Sound (voyez I'Annual Register de I'annee 1700, pages 202-301). Cette correspon- dance, disait M. Bagot, contenoit d'apres les assertions de la Cour de Madrid, une reconnoissance explicite, de la partde la Russie, des droits RELATIlSrG TO TREATY OF 1825. 135 de PE.spai^ne Ji la possession de la cote nord-ouest de I'Amerique depuis la pointe de la Californie de TEspagne, jusqu'au 61^ de latitude inclusivement. An milieu de ce raisonnement, rAnibassadeur Britannique suspehdit In'usquement la discussion, pour me dire, que son Gouvernement n'avoit, apres tout, nulle intention de traiter la question territoriale d'apres les principes abstraites du droit public et celui des g-ens; que ce seroit le moyen de rendre la discussion interminable; que ie Cabinet de Londres attendoit un resultat plus satisl'aisant pour les deux parties interesses d'un arrangement a Taimable qui ne seroit base que sur la convenance reciproque, et que c'etoit dans cet esprit que ses instruc- tions avoient ete tracees. Je repondis a Sir Charles Bagot, que dans la question dont il s'agit autant que je pouvois prejuger des dispositions du Gouvernement Imperial, je croyois pouvoir prendre hardiment sur moi de Passu rer, qu'elles s'accordoient parfaitement avec celles du Cabinet de Londres. Je le priai ensuite de me faire connoitre le point de demarcation, que son Gouvernement jugeoit devoir separer les possessions respectives sur la cote nord-ouest de I'Amerique. Le Chevalier Bagot se mettant alors a la carte geographique que nous avions sous les yeux. traca dessus, avec son doigt, une ligne qui com- men^oit au 57° de latitude et dont Tintersection designait le 135° de longitude, meridien de Greenwich, precisement au point, ou doit se trouver notre eta})lissement de Novo-Archangelsk. Cette demarcation laisseroit a coup sur un espace considerable entre les points de limites indiques de part et d'autre lors meme que le Gou- vernement Imperial se decideroit, dans I'interet de la conciliation a faire remonter la ligne de demarcation au 55° de latitude, telle qu'elle avoit ete deja designee dans Tacte d'incorporation accorde a notre Com- pagnie Americaine en 1799 par TAuguste Predecesseur de S. M. I. Je crus devoir repondre au Chevalier Bagot, qu'il avoit l)ien raison de trouver que nous etions I'un et I'autre loin de notre compte; que pour ma part, j'en etais d'autant plus peine, que je n'entrevoyois aucune con- sideration qui dut engager le Gouvernement Imperial a reculer les lim- ites de ses possessions sur la cote Nord-Ouest de I'Amerique, de deux degres au dela meme due point indique dans la Charte de I'Empereur Paul I. dont il vient d'etre question. Je lui lis observer, que si I'edit du 4 Septembre 1821, aviot pu blesser les interets coloniaux et maritimes de quelques Puissances etrangeres, on sVst empresse chez nous, aux premieres reclamations qu'elles nous ont fait parvenir, de suspendre les dispositions de cet edit, et speciale- ment celles qui donnoient le plus de prise a ces reclamations; que dans les explications subsequentes, le Gouvernement Imperial a constamment manifeste les intentions les plus conciliantes; qu'il etoit dispose a faire toutes les concessions reclamees par la justice, et dans la question des limites territoriales et dans celle relative a la jurisdiction maritime. ]\Iais qu'il auroit naturellement beaucoup de repugnance a se dessaisir d'une limite etablie par la Charte de Paul I. et sanctionee en quelque fayon par une possession non contestee d'euAdron un quart de siecle. La dite Charte n'ayant point ete officiellement*communiquee dans le terns aux puissance etrangeres je ne m'obstinerai point a soutenii (disais-je) qu'elle constituat un droit parfait. Mais qu'il n'etoit pas moins vrai, que les puissances etrangeres ne pouvoient ignorer I'exist- ence de cette Charte, et que depuis I'epoque de sa publication en Russie, 136 DIPLOMATIC CORRESPONDENCE jusqiva celle de rpclit dii 4 Septembre, elle nu. donne lieu a aucune reclaniation do leiirpart. Je domandois en .suite au Chevalier Bagot, s'il ne reconnoissait pas lui inrnu' que ce seroit vouloir inipo.ser un sacrifice trop sensible a la dioiiit(' duCJouvernement Imperial quedepretendrequ'ildiseaujourd'hui a ses pro])res sujets: Kous vous avons laisses croire depuis 22 ans que les liniites de nos possessions sur la cote N. O. de TAmerique s'eten- doient depuis le detroit de Behring jusqu'au oo"- de latitude; eh bien, nous vous dison^ maintenant que cV'toit une erreur et que la limite meridionale doit s'arreter au 57-, parce qu'on vient de nous demontrer que le territoire (jue depasse cette limite ne nous a jamais appaiteini. Final ement je priai le Chevalier Bagot d'observer, que dans toute cette ali'aire il ne pouvoit etre question, pour la Russie, que de conces- sions; qu'en replacant les limites de ses possessions sur les continent d'Amerique au 55^ (si toutefois le Gouvernement Imperial s'y determi- noit, ce que je ne pouvois prendre sur moi de pressentir) et en modifiant simultanement son principe de juridiction maritime, la Russie satis- fesoit non seulement aux desirs raisonal)les de tons les gens moderes en Angleterre, mais qu'elle fermeroit aussi la bouche aux declamateurs exageres du parti de Topposition. qui ne cessent d'entretenir le public, soit dans les nouvelles du joui', soit dans les seances du Parlement, de ce qu'ils appellent Tambition demesuree de la Russie. Car il seroit alors indubitable que les resultats materiels et moraux de la negociation seroient tons a Tavantage de TAngleterre. L'Ambassadeur d'Angleterre parut sentir le poids de ces consi- derations et ne fit meme aucune difticulte d'avouer qu'il les trouvoit plausibles. II me repondit toutefois, que ses instructions ne Tautorisent point a admettre aucune autre ligne de demarcation et qu'il ne lui restoit par consequent d'autre parti a prendre que de s'en remettre aux avis ulterieurs de la part de son Gouvernement. En nous scparant, apres un entretien de 2 heures et demie, nous nous sommes recii)ro(|uement invites a retiechir sur les objets de notre dis- cussion. -Fajoutai en definitif, que bien que nous fussions loin d'etre d'accord sur la question territoriale, je la croyois neanmois avancee et susceptible d'un developpement facile et prompt, ne fut ce que par la franchise, que nous avons mis, tous deux, dans la maniere, dont nous 'avions enoncee et que cette initiative ne pouvait etre que de bon augure. Dans le compte que je viens de rendre a V. Exc. de mon premier entretien avec I'Ambassadeur d'Angleterre, je me suis particulierement attache a consigner, avec une scrupuleuse exactitude, tout ce qui s'est dit entre nous, concernant la question territoriale, que je crois devoir envisager comme le point le plus important de la negociation. Des considerations d'une importance secondaire, mais que je ne puis passer sous silence, out ete incidentellement mentionnees durant la dis- cussion. C'est ainsi qu'apres m'avoi r fait part du projet de demarcation con(;u par son Gouvernement, le ('he v. Bagot est convenu sans hesiter, que les limites entre les possessions respectives une fois etablies, nous serious parfaitemcnt les maitres d'introduire, dans le territoire qui nous sera devolu, tels reglemens administratifs que notre propre sagesse nous aura suggcres. .C'estadire qu'il nous sera parfaitemcnt libre d'admettre dans nos parages la navigation etrangere, ou bien de nous en reserver exclusivement Texploitation. L'Ambassadeur d'Angleterre me declara de plus, qu'a cet egard son KELATING TO TEEATY OF 1825. 137 Gouvernement ne .songeait ii se menager aucune exception en faveur des sujets britanniques. Tout en m'expliquant les motifs qui ont engage le Gouvernement britannique a faire, pour ainsi dire cause commune avec les Ameri- cains, dans la question de la juridiction maritime, motifs que le (^hev. Bagot dit avoir communiques a V. Exc. il convenait avec moi de la maniere la plus explicite ({ue la question territoriale ne regardait nullement les Americains. Mais il pensait comme moi, que ces derniers chercheront a obtenir de nous la reconnoissance de ce qu'ils pretendent etre un ancien droit a eux appartenant, non seulement de naviguer librement dans nos parages, mais aussi de tratiquer avec les naturels du pays. Lorsque j'observai au Chevalier Bagot que sa ligne de demarcation nous enlevait, ou la totalite, ou la meilleure moitie de Tisle de St. Georges autrement Sitka (sauf erreur)il me parla d"un dedommagement pecuniaire pour les pertes que nous pourrions y essuyer. Je n'ai pas cru devoir me permettre ni d'encourager, ni de rejetter cette insinuation; je la passai done sous silence. Le surlendemain de cette entrevue, Sir Charles Bagot est revenu chez moi dans la matinee, pour me dire que Tobjet de sa visite etait uniquement de rectifier une erreur involontaire quMl avoit commise en parlant du 137; tandis qu'il entendait le 135^. [Translation.] J/. Polttlca to dnint JVtsstlrodt. St. Petersburg, NovemherS^ 1H23. (Received 7 19 Nov.) Count: Inunediately after your excellency left St. Petersburg, in the month of August last, I proceeded to the execution of the orders which were given me in the Department on the 18th of the same month. I thought that before entering into negotiations with the English ambassador and the American envoy, it would l^e well for me to be thoroughly informed as to the views of our American company, both with regard to the question concerning the l)oundaries of its posses- sions on the northwest coast of the American continent, and the more important subject of the maritime jurisdiction, which the edict of Sep- tember 4, 1S21, had extended to the distance of 100 Italian miles from the coasts of the mainland. My conversations on these two points with Privy Councillor Count de Lambert, whom the ministry of finance had appointed to represent the interests and the wishes of our Ameri- can company, convinced me that the interests would be protected and the wishes entirely .satistied if we succeeded in tixing the boundaries of the possessions of the said company at the tifty -fourth degree of north latitude, and by giving them in depth such a degree of longitude (meridian of Greenwich) as, in its prolongation toward the pole, would leave the Mackenzie River outside of our boundary. In fixing the longitude. Count de Lambert had mainly in view the / establishment of a barrier at which would be stopped, once for all, to / the north as to the west of the coast allotted to our American com- / pany, the encroachments of the English agents of the amalgamated/ Hudson Bay and Northwest English Company, whom a more intimate/ » acquaintance with the country traversed by the Mackenzie Riverf / 138 DIPLOMATIC CORRESPONDENCE mig-ht easily bring- in the coiir.se of time into the neighborhood of our estal)hshnients. At the same time. Count de Lambert did not leave me in ignorance of the fact that our American company was not in the least disposed to make any concessions whatever, either to the English or Ameri- cans, with respect to commerce or navigation within the borders of its acknowledged possessions; that it was, on the contrary, tirmh' resolved to reserve their exclusive exploitation for itself; and this determination on its part, is worthy of notice, as in all prol3al)ility it will constitute the chief and even the only ditHculty in the negotiations with the Government of the United States of America. Furnished with these data, which supplemented the directions and the ample information given me by the imperial ministry, 1 proceeded to place myself in connnunication with the Chevalier Bagot and Mr. Middleton. As the American envoy was in the city, 1 went to see him first. I informed him in general terms of the object of my visit, and expressed my warm desire to contri})ute, even indirectly, to the removal of the differences which had arisen between the two Governments on the sub- ject of the measures taken ])y us to protect the threatened interests of our American company. Mr. Middleton replied, after the usual courtesies, that he greatl}^ regretted that he could not, at that time, indulge his own impatience to enter upon the subject with me at once, as he had no positive instruc- tions from his Government on this important point; that he was expect- ing them daily, and that as soon as the_y reached him he would hasten to notify me. In the course of the conversation Mr. Middleton gave me to understand that he and the English ambassador had agreed to go hand in hand, so to speak, in that part of the negotiations relating to the maritime jurisdiction. It was evident from the American envoy's reply that any further steps on my part near him would be useless until the arrival of the instructions which he was expecting. I therefore decided to remain perfectly' quiet so far as he was concerned. At about the same time I first saw^ the English ambassador at his country house. Chevalier Bagot received me with the most open courtesy, and, although he also did not think proper to express himself otherwise than in general terms upon the matter which we were to discuss together, his language and the tone which he used clearly indicated the most conciliatory sentiments. He corroborated what Mr. Middle- ton had told me concerning their agreement to act in concert on the question of the maritime jurisdiction. Chevalier Bagot postponed the commencement of our negotiations in regular form until his return to the city, which would ])e within a fort- night. Accordingly, two days after his return to the city, the English ambassador })aid me a visit, which passed in mere civilities, 1)ut he intimated that as Mr. iNIiddleton's new instructions had not yet arrived it Avould be proper to wait some time longer. Some da}' s afterwards I had the honor to dine at the British ambassador's. Upon leaving the table, he took me aside to tell me that, while awaiting the instructions which Mr. Middleton had not yet received, there was nothing to pre- vent our discussing the territorial cpestion, to which the Americans were, in a measure, strangers. He therefore proposed to me that he RELATING TO TREATY OF 1825. 139 should go to my house on some da}' that would suit us both. All my eti'orts to induce the Chevalier Bagot to receive me at his house were in vain. On the day tixed, the 2d October last, Sir Charles Bagot called on me at about noon. He began by asking me whether, in the event that he communicated to me any specific proposition whatever relative to the territorial question, I was authorized to tell him whether that proposition would or would not be acceptable to the Imperial Govern- ment. 1 immediately replied to the British ambassador that my in- structions did not permit me to make any positive declaration on the subject: that they were simply contined to permitting me to discuss the matter in question confidentially either with him or with Mr. Mid- dleton, to furnish them with all the explanations that the discussion might suggest to me; and this, with a view to facilitating the direct and formal negotiations, w^hen thev should come to be instituted after the return of His Imperial Majesty; that these preliminary discussions, which I had been authorized to begin with him and Mr. Middleton, had appeared to the Imperial Government to be a suitable means of hastening the direct negotiations and of shortening the subsequent dis- cussions and the writings, in so far as they would make known before- hand the general views of the respective Governments as to the matter which was to be settled; that it followed, consequently, that I could not entertain any proposition otherwise than by taking it ad refer- endum. This point having been explained. Chevalier Bagot requested me to inform him what, in the opinion of the Imperial Government, should be the line of separation between our possessions on the northwest coast of America and those which England thought herself entitled to claim. I thought that it would ))e ))etter to meet the question frankly. Consequently, avoiding circumlocutions [I said], that the Imperial Government would think that it had made all the concessions required b}" its moderation and its earnest desire to maintain a good under- standing with all foreign powers by fixing the boundary between the Russian and English possessions at the fifty-fourth degree of latitude, and by giving for the longitude such a line as in its prolongation in a straight line toward the pole would leave the Mackenzie River outside of the Russian frontier. Chevalier Bagot, after a moment's reflection, replied that the point of demarcation which 1 had just designated was very far from being that which his Government would have wished to fix. He then told me that, according to all the researches which had been made in England, and the opinions expressed by the most learned lawyers, the right of Russia to the possession of the northwest coast of America below the sixtieth degree of latitude was an3'thing but well established; that the only legitimate title to any territorial possession was, according to the opinion of the English publicists and that of the lawyers who had been consulted, not the first discovery, nor even the taking possession in accordance with the ancient formalities used by navigators, but the actual occupation of the newly discovered territories; that this proof of the right was wanting in the evidence produced up to the present time by Russia, with the exception of the establishment of Novo- Archangelsk, which, however, only dates from the year 1802 or 1803. In support of what he had just told me. Chevalier Bagot read me an opinion of the the King's counsel, in London, drawn up in the sense 140 DIPLOMATIC COEEESPONDENCE which he had stated; and. to prove to me that the claims of Russia to the possession of the i)oints below the sixtieth degree of latitude on the said coast were of very recent origin, the British ambassador read to me some portions of the correspondence (which occurred in 17H0) between Count Florida Blanca and Mr, Fitzherbert, afterwards Lord St. Helens, at the time of the diti'erence which had arisen between Spain and England with regard to Nootka Sound (see the Annual Register for 171M), pp. 292-301). This correspondence, said Mr. Bagot, contained, according to the assertions of the court of Madrid, an explicit recognition on the part of Russia of the right of Spain to the possession of the nortiiwest coast of America, from the point of Cali- fornia, belonging to Spain, to the sixty-tirst degree of latitude, inclusive. In the midst of this argument the British ambassador suddenly sus- pended the discussion in order to tell me that his Government had, after all, no intention of discussino- the territorial question according to the abstract principles of public law or of international law; that that would have the effect of rendering the discussion interminable; that the cabinet of London expected a more satisfactory result for the two parties interested, from an amicable arrangement which would be l)ased only upon mutual consent, and that his instructions had been drawn up in that spirit. I replied to Sir Charles Bagot that in the matter in question, so far as I could foresee the views of the Imperial (xovernment, I believed that 1 could take upon myself boldly to assure hiui that they were in perfect agreement with those of the cabinet of London. I then asked him to tell me the point of demarcation, which, in the opinion of his Government, ought to divide the respective possessions on the north- west coast of America. Chevalier Bagot then placed himself before the geographical map which we had at hand, and traced upon it with his linger a line begin- ning at the fifty-seventh degree of latitude, the intersection of which designated the one hundred and thirty-fifth degree of longitude west of Greenwich, precisely at the point where our establishment of Novo- Archangelsk appears to l)e. This demarcation would certainly leave a considerable space between the boundaries designated on both sides, even if the Imperial Govern- ment should decide, in the intiM'ests of conciliation, to bring the line of d<'marcation up to the fifty-fifth degree of latitude, as it had already been fixed in the act of incorporation granted to our American com- pany in 17l>!» by His Imperial Majesty's august predecessor. I thought it my duty to tell Chevalier Bagot in reply that he had good reason to sa}^ that we were both greatly out in our reckoning; that for my part I regretted it the more because I could see no consid- eration that could induce the Imperial Government to draw back the boundary of its possessions on the northwest coast of America two degrees beyond the point mentioned in the charter of the Emperor Paul 1, which has just been referred to. I remark(>d that if the edict of September -t, 1821, had been detri- mental to the colonial and maritime interests of any of the foreign powers, we had hastened, at the first remonstrances which they had addressed to us, to suspend the execution of the provisions of that edict, especially those which gave most cause for those remonstrances; that in the subsequent explanations the Imperial Government con- stantly manifested the most conciliatory intentions; that it was dis- KELATING TO TREATY OF 1825. 141 posed to make all the concessions which justice required, both upon the question of the territorial boundaries and upon that of the mari- time jurisdiction: but that it would naturally be very unwilling to abandon a boundary established by the charter of Paul I and con- lirmed, to some extent, by an undisputed possession of about a quarter of a century. As the said charter was not at that time officialh' communicated to the foreign powers, I will not persist in maintaining, said I, that it con- stitutes a de facto right; but that it was none the less true that the foreign powers could not have been ignorant of the existence of that charter, and that from the time of its promulgation in Russia to that of the edict of September -l, [ISiil], it had not occasioned any protest on their part. I then asked Chevalier Bagot whether he did not himself admit that it would 1)6 attempting to impose too great a sacrifice upon the dignity of the Imperial Government to require it to say now to its own sub- jects: •' We have allowed you to believe for twenty-two years past that the l)oundaries of our possessions on the northwest coast of America extended from Bering Strait to the tift3'-tifth degree of latitude: well, we tell 3"ou now that it was a mistake, and that the southern boundary must stop at the tifty -seventh degree, because it has just been proved to us that that boundary never belonged to us." Lastly, I requested Chevalier Bagot to take notice that in this whole matter, as far as Russia was concerned, it could onlv be a question of concessions: that by replacing the l)oundary of her possessions on the continent of America at the tifty-tifth degree (provided always that the Imperial Government decided to do so, which I could not take upon myself to predict), and by modifying at the same time hertheory of mari- time jurisdiction Russia not only complied with the reasonable wishes of all moderate people in England, but that she Avould also silence the extravagant declaimers of the opposition party, who were incessantly haranguing the public, either in the daily papers or in the sessions of Parliament, about what they call the unbounded ambition of Russia. For there would then be no doubt that the material and moral results of the negotiations would all he to the advantage of England. The English ambassador seemed to feel the weight of these argu- ments, and did not hesitate to admit that he thought them plausible. He replied, however, that his instructions did not authorize him to agree to any other line of demarcation, and that consequently he had no other course to take than to await further instructions from his Government. Upon separating, after an interview of two hours and a half, we each requested the other to reflect on the subjects of our discussion. I added, in substance, that although we were far from agreeing upon the territorial (juestion I still thought that we had made some progress, and that it was susceptible of an easy and speedy settlement, were it only owing to the candor which we had both displayed in our way of discussing it, and that this beginning was very promising. In the account which I have just given your excelleiK'v of my first conversation with the English ambassador I have endeavored espe- cially to repeat with scrupulous accuracy- all that was said between us concerning the territorial question, which I think that I ought to regard as the most important point in the negotiations. Matters of secondary importance, but which I can not pass over in 14:2 DIPLOMATIC CORRKSPONDENCE silence, were incidentally mentioned during; the discussion. In this way Chevalier Bagot, after informing me of the plan of demarcation devised b}^ his Government, agreed unhesitatingly that when the boundaries between our respective possessions were once estaldished we would be perfectly free to introduce into the territory allotted to us such administrative regulations as our own wisdom might suggest: that is to say, that we shall have full lil)erty to pei'uiit foreign naviga- tion in our waters or to reserve them exclusively for our own use. The English ambassador declared to me, moreover, on this subject that his Government was not thinking of procuring any exceptional privileges for British subjects. While explaining to me the reasons which induced the British Gov- ernment to make common cause, so to speak, with the Americans in the question of the maritime jurisdiction, which reasons Chevalier Bagot said that he had communicated to your excellency, he agreed with me in the most explicit maimer that the tei'ritorial (juestion did not con- cern the Americans in the least; but he thought, as I did, that they would try to obtain from us the recognition of what they claim to be an ancient right belonging to them, not only to navigate our waters freely, but also to trade with the natives of the country. When 1 remarked to Chevalier Bagot that his line of demarcation deprived us of the whole or the larger half of the Island of St. George, otherwise called Sitka {if I am not mistaken), he spoke of a pecuniary indemnity for the losses that we might sustain there. 1 did not think that I ought to allow myself either to encourage or reject this suggestion. 1 therefoj-e passed over it in silence. Two days after this interview Sir Charles Bagot returned to ni}^ house in the morning to tell me that the object of his visit was only to rectify an involuntary mistake which he had made in speaking of the one hundred and thirtv-seventh degree, when he meant the one hun- dred and thirtv-tifth. Shi/mtiniers' Society to 2Ir. G. Canning. New Broad Street, Noventher 19, IS^S. (Received Nov. 24:.) Sir: In the month of June last you were pleased to honor me with an interview on the subject of the Russian ukase prohibiting foreign vessels from touching at or approaching the Russian establishments along the northwest coast of America therein mentioned, when you had the goodness to inform me that a representation had been made to that Government, and that 3"ou had reason to believe that the ukase would not be acted upon; and very shortly after this communication I was informed, on what I considered undou])ted authority, that the Russian Government had consented to withdraw that unfounded pretension. The committee of this society being about to make their annual report to the shipowners at large, it would be satisfactory to them to be able to state therein that official advices had been received from St. Petersburg that the ukase had been annulled; and should that be the case, I have to express the hope of the committee to be favored with a communication from, you to that effect. I have, etc., George Lyall, (Jhali'man. RELATING TO TREATY OF 1825. 143 2[r. G. Canning to Count Lteven. [Private and confldential.] C^P^ Si Foreign Office, Xovt-mher 25^ 1823. My Dear Count Lieven: I have received the inclosed letter from the Shipowners' Society. M}' answer to it must be in writing, and not long- after it will ])e in print, I wish, therefore, that you should know beforehand what the nature of it will be, and for that purpose 1 inclose a draft of it which I will be obliged to you if you will return with any remark that may occur to you, returning also ]Mr. LyalFs letter. I have, etc.. Geo. Canning. Count Lieven to Mr. C Canning. [Particuliere et confideutielle.] AsHBURNHAM HousE, le '26 Novembre., 1823. ^/u (Received Nov. — .) ' MoN CHER M. Canning: Je vous suis inliniment reconnaissant de la communication que vous avez bien voulu me faire. En vous restituant ci-pres les deux annexes jointes a votre lettre, et en me prevalent de la permission que vous avez eu la bonte de me donner, je prends la liberte de vous observer: qu'il serait desirable que le passage marque au craj^on dans la Minute de votre reponse fut substitue par Tannonce, "que les nouvelles instructions clonnees aux Commandants des croisieres Russes sont conf ues dans Tintention de prevenir les voies de fait entre les vais- seaux Russes et ceux des autres nations, et qu'en general elles peuvent etre considerees comme de nature a faire suspendre provisoirement Petfet de T Ukase Imperial du -t Septembre, 1821.'" Je crois que par ces expressions Tobjet de tons serait egalement atteint. Veuillez, &c. Lieven. [Translation.] Count Lieven to Mr. Canning. [Private and confidential.] ASHBURNHAM HousE, Noventhrv 26., 1823. (Received Nov. — .) My Dear Mr. Canning: I am intinitely grateful to you for the com- munication which 3^ou have so kindly made to me. Returning herewith the two inclosures to 5^our letter, and availing myself of the permission that you have had the goodness to grant me, I take the liberty of sav- ing it would be desirable that the passage marked in pencil in the rough draft of your reply be replaced by the notice "that the new instruc- tions given to the commanders of the Russian cruisers are drawn up with the idea of preventing: collisions between the Russian ships and those of other nations, and that, in general, they ma}' be considered of such a nature as to provisionally suspend the eft'ect of the imperial ukase of September 4, 1821." I believe that by this mode of expression the object of all would be equally attained. Praj' accept, etc., Lieven. 144 DIPLOMATIC COKRESPONDENCE Foreign Office to Ship-ovmer^ Society. Foreign Office, Kovrmher 26, 1823. -*/ Sir: 1 am directed by Mr. Secretary Canning" to acivnowledire the ■Q receipt of your letter of the 19th instant, exprcssino- a hope that the ukase of September, 1.S21, had been annulled. Mr. Canning- can not authorize me to state to 3'ou in distinct terms that the ukase has l)een ''annulled,'' because the neg-otiation to which it g"ave rise is still pending, embracing, as it does, man}' points of great intricacy as well as importance. But 1 am directed by Mr. Canning- to acquaint you that orders have l>een sent out by the court of St. Petersburg to their naval commanders calculated to prevent any collision between Russian ships and those of other nations, and, in eti'ect, suspending the ukase of September, 1821. I am, etc., F. CONYNGHAM. Mr. G. Canniiuj to Sir 0. Bngot. No. 2.] Foreign Office, JaiiiKir;/ 15, I82J4.. Sir: A long period has elapsed since I gave your excellenc}" reason to expect additional instructions for your conduct in the negotiation respecting- the Russian ukase of 1821. That expectation was held out in the belief that I should have to instruct 3'ou to combine your proceedings with those of the American minister, and the framing- such instructions was, of necessity, delayed until Mr. Rush should ])e in possession of the intentions of his Govern- ment upon the subject. Upon receipt of your excellency's dispatch Mo. 48. reporting the arrival of Mr. Hughes at St. Petersburg, with the instructions of the Government of the United States to Mr. Middleton, I applied to Mr. Rush for information as to the tenor of those instructions. I then found, what I had not before been led to suspect, that Mr. Rush had himself authority to enter into negotiations with us as to the respective claims of Great Britain and the United States on the northwest coast of America, although he does not appear to have been instructed to invite such negotiation here if we should prefer leaving it to be con- ducted at St. Petersburg. It seemed, however, that it w ould greatly facilitate your excellency's task at St. Petersburg if we could come to some satisfactoiy under- standing with Mr. Rush on the principles and leading points of the negotiation, and that, at all events, it was advisable to ascertain so much from Mr. Rush as might enable us to judge whether it would or would not be expedient to agree to the proposal of the United States for combining our several negotiations with Russia into one. Such a combination had indeed already been proposed by us with I'espect to so nuich of our respective discussions with Russia as turned upon the maritime pretensions of the Russian ukase. But that pro- posal had not been made in contemplation of the territorial cjuestion to which the pretensions of the United States have given a new and complicated character. The object in applying jointly to Russia for a disavowal or qualitica- RF.LATING TO TREATY OF 1825. 145 tion of her nmritiiiie pretension was at onoe to simplify and to soften to Russia that act of qiialitication or disavowal ))v enabling- Russia to satisfy both powers at once, without special and separate concession. But as, in the question of territorial limits, Russia, at whatever point her pretensions mig-ht l)e stopped, could have but one of the two powers for her neighbor, there did not seem to be any obvious advan- tage in l>ringing- both to bear upon her together in the settlement of those limits. It is true that as, while we contine upon the Russian territory to the north, we also contine upon that of the United States to the south, we must at one time or other come to a settlement with each of those powers. But there is no obvious or cogent necessity for making those settlements simultaneous, especially as we have already a convention subsisting with the United States which suspends the necessity of any definite settlement with that Government for five years 3^et to come. Whether, therefore, your excellency should be empowered, according to the desire of the Government of the United States, to negotiate and conclude a tripartite arrangement with Russia and the United States, or should be instructed to pursue that negotiation with Russia singly, according to the tenor of your present powers, was a question to be determined in a great measure by the more or less pro])ability of a sat- isfactorv understanding between Great Britain and the United States as to their relative as well as their joint concerns in such negotiation. Kow we have good reason to believe that, in respect to the question of territorial doiuinion between us and Russia, an arrangement may be agreed upon wdiich will satisfy the wishes and secure the convenience of both parties by a line of demarkation to be drawn between the south- ernmost settlement of Russia and the northerniuost post of the North- west Company. The most southern establishment of Russia on the northwest coast of America is Sitka, which is not laid down in our latest maps with sufficient exactness, but which appears by the Russian map published in 1807 to be situated, as the inclosed copy of a letter from Mr. Pelly, chairman of the Hudson's Bay Company, also represents it. in latitude 57"-, and not (as the map of which a copy was inclosed to your Excel- lency indicates) on the continent, but on a small island of the same name at the mouth of Norfolk Sound; the larger islands contiguous thereto, forming (what is called by Vancouver) King George's Archi- pelago, are separated from each other by a strait, called Chatham Strait, and from the mainland by another strait, called Stephen's Strait or passage. Whether the Russians have extended their settlements to these larger islands is not known, but Mr. Pelly positively avers that they have no settlement on the mainland, nor an}- commerce to the eastward of the coast. He suggests, therefore, either the channel between the islands, or that between the islands and the mainland, as the most desirable line of demarcation to the eastward, which being- agreed to, the line to the southward might be drawn so as to compre- hend Sitka and all the Russian settlements upon the islands. If this agreement could l)e obtained, it would eti'ectually prevent all danger of a collision with Russia; and the United States not intending, as it is understood, to urge any claim in opposition to that of actual occupancy, whether on the part of Russia or of Great Britain, in the latitudes in which the claims of Great Britain and Russia come in contact, the 21528—03 17 140 DIPLOMATIC CORRESPONDENCE intervention of the United States in such an arrangement could be necessary only as an umpire. Such an intervention in this case is not likely to be required, on account of an iri-econcilable conflict between Great Britain and Russia; nor would a power whose pretensions are (theoretically at least) in con- flict with both parties be the fittest for such an office. Your excellency's dispatch No. 48 describes latitude 55 as the point at which M. Poletica appeared to wish that the line of demarcation between Russia and Great Britain should be drawn. B\^ a memoran- dum which I have received from Mr. Rush of what his Government would propose as a general settlement, it appears that latitude 55" is the point which the IJnited States likewise have proposed for that same line of demarcation. This coini'idence certainly argues either a foregone understanding- between Russia and the United States, or a disposition on the part of the United States to countenance and promote what they know to be the desire of Russia. When to this statement 1 add that the United States propose, accord- ing- to the aforesaid memorandum of Mr. Rush, to draw the line of demarcation between themselves and Great Britain at latitude 51-, the point at which the Russian pretension, as set forth in the ukase of 1821, terminates, it does not seem very uncharitable to suppose that the object of the United States in making a selection, otherwise wholly arbitrary, of these two points of limitation for British dominion, was to avoid collision with Russia themselves, and to gratify Russia at the expense of Great Britain. There is obviously no great temptation to call in such an arbiter, if the partition between Russia and ourselves can be settled, as no doubt it can, without arbitration. By admitting the United States to our negotiation with Russia, we should incur the necessity of discussing the American claim to latitude 51' at the same time that we were settling with Russia our respective limits to the northward. But the c[uestion of the American claim is for the present merged in the convention of 1818; and it would be a wanton increase of difficul- ties to throw that convention loose, and thus to bring the question which it has concluded for a time into discussion precisely for the pur- pose of a coincidence, as embarrassing as it is obviously unnecessary. If Russia, being aware of the disposition of the United States to con- cede to her the limit of latitude, 55"^, should on that account be desirous of a joint negotiation, she must recollect that the proposal of the United States extends to a joint occupancy also, for a limited time, of the whole territory belonging to the three powers; and that the con- vention now subsisting- between us and the United States gives that joint occupancy reciprocally to us in the territory to which both lay claim. To this principle it is understood the Russian Government object; nor, so far as we are concerned, should we be desirous of pressing it upon them; but as between ourselves and the United States we are not prepared to abandon it, at least for the term for which the convention of 1818 has to run. There would be souie awkwardness in a tripartite negotiation which was not to be conducted and concluded in all its parts upon a uniform principle. These reasons had induced us to hesitate very much as to the expe- diency of acceding to the proposition of the United States for a com- RELATING TO TREATY OF 1825. 147 mon negotiation between the three powers, when the arrival of the speech of the President of the United States at the opening- of the Congress supplied another reason at once decisive in itself, and sus- ceptable of being stated to Mr, Rush with more explicitness than those which I have now detailed to your excellency. 1 refer to the principle declared in that speech, which prohibits any further attempt by Euro- pean powers at colonization in America. Tpon applying to Mr. Rush for an explanation of this exti-aordinary doctrine. I found him unprovided with any instructions upon it. He said, indeed, that he had not heard from his Government since the opening of the Congress, and had not even received officially a copy of the President's speech. His conviction, however, was, that against whatever power the President's doctrine was directed, it could not be directed against us. He appealed in support of that conviction to the existence of the con- vention of 1S18, >)y which we and the United States hold for a time joint occupancy and common enjoyment of all the territory on the northwest coast of America above latitude 42. It was obviously the impression on Mr. Rash's mind that this pre- tension on the part of his Government was intended as a set-off against the maritime pretension of the Russian ukase. I do not mean to authorize 3"our excellency to report this construc- tion at St. Peterslnirg as that of the American minister, but you will have no difficulty in stating it as one to which we think the President's speech liable, as that indeed which appears to us to be by far the most probable construction of it; as such, it furnishes a conclusive reason for our not mixing ourselves in a negotiation between two parties whose opposite pretensions are so extravagant in their several ways as to be subject not so much of practical adjustment as of reciprocal disavowal. Mr. Rush is himself so sensible of the new consideration which is introduced into the negotiation b}' this new principle of the President's that although he had hitherto urged with becoming pertinacity the adoption of the suggestion of his Government, he has, since the arrival of the President's speech, ceased to combat my desire to pursue the course already begun of a separate negotiation at St. Petersburg, and has promised to write by this messenger to Mr. Middletonto prepare him for your excellency's continuing to act upon your former instructions. It remains, therefore, only for me to direct your excellency to resume your negotiation with the Court of St. Petersburg at the point at which it was suspended in consequence of the expected accession of the United States, and to endeavor to bring it as speedily as possible to an amicable and honorable conclusion. The questions at issue between great Britain and Russia are short and simple. The Russian ukase contains two objectionable pretensions: First, an extravagant assumption of maritime supremacy; secondly, an unwar- ranted claim of territorial dominion. As to the first, the disavowal of Russia is, in substance, all that we could desire. Nothing remains for negotiation on that head but to clothe that disavowal in precise and satisfactory terms. We would much rather that those terms should be suggested by Russia herself than have the air of pretending to dictate them; you will therefore urge Count Nesselrode to furnish you with his notion of such a decla- 148 DIPLOMATIC CORRESPONDENCE ration on this point as may be satisfactorv to your Government. That declaration may l)e made the preamble of the convention of limits. As to the territorial question. I have already stated that the line of demarcation the most satisfactorv to us would be one drawn throuo-h ''Chatham Strait," the channel separating- the island on which Sitka is situated from the island to tlie eastward of it, or if the Kussians have establishments on that island also, then through the channel called ••• Stephen's Passage," which separates the whole archipelago from the mainland. If one or the other of these channels can not he ol)tained as the boundary, then the line must be drawn on the mainland to the north of the northernmost post of the Northwest Company from east to west till it strikes the coast, and thence may descend to whatever latitude may be necessary for taking in the island on wliicli Sitka stands. It does not appear from your excellency's dispatch how far the line proposed by M. Poletica to be drawn at latitude 55^ was intended to run to the eastward. If to the Rocky Mountains it obviously would be wholly inadmissible by us, inasmuch as the communication of the Northwest Company from Canada through those mountains with the whole of the northwest country is in a higher latitude than 55^. Neither has Russia any claim whatever to any inland territory approaching that latitude. She has no occupancy inland. Mr, Felly's report denies that she has any even on the coast. And it is to the coast alone that discovery could, in the nature of things, give any title. It is absolutely essential, therefore, to guard against any unfounded pretension, or any vague expectation of Russia to the eastward, and for this purpose "it is necessary that whatever degree of latitude be assumed, a definite degree of longitude should also be assigned as a limit between the territorial rights of the two powers. If your excellency can obtain the strait which separates the islands from "the mainland as the boundary, the prolongation of the line drawn through that strait would strike the mainland near Mount Elias — the lowest point of unquestioned Russian discovery. But if that were too much to insist upon, the one hundred and thirty-tifth degree of longi- tude, as suggested by A^our excellency, northward from the head of Lynns Harbor, might suffice. It would, however, in that case l)e expedient to assign, with respect to the mainland southward of that point, a limit, say, of 50 or 1(»0 miles from the coast, beyond which the Russian posts should not l)e extended to the eastward. We must not on any account admit the Russian territory to extend at any point to the Rocky ^Mountains. By such an admission we should esta])lish a direct and complete interrup- tion between our territory to the southward of that point and that of which we are in possession to the eastward of longitude 135- along the course of the Mackenzie River. As your excellency had already made so much way in previous dis- cussion, it is to be hoped that, on resuming the negotiation, very little time need be required to bring it to a conclusion. It is extremelv important to conclude it as quickly as possil)le. It being once decided not to negotiate jointly with the United States, we must take care to be out of the way while the discussions between Russia and the United States arc going on; and the example of having come to agreement with us promptly and amicably on both points of litigation would, pei'haps, be not less valuable to Russia in her sulise- RELATING TO TREATY OF 1825. 149 (luent discussions with the United States, than would have been the faeilit\" wjiich we had in contemplation for Russia when we originally proposed that her disavowal of the maritime principle should be addressed simultaneously to us both. At that time our claim to such disavowal and the claim of the United States were precisely alike; Russia had nothing to plead against either of us as a compensation for those claims. The principle put forth by the President of the United States has introduced a difference between the respective situations of the United States and Great Britain with respect to Russia which did not exist before. In the former state of things it might have been expedient, both for ourselves and for the United States, as well as less distasteful to Russia, to return an answer common to us both; but, as things stand now, Russia might naturally wish to qualify her answer to the United States with some reciprocal demand of explanation. The only point of view in which the United States could now insist upon interfering with, or even taking cognizance of, the negotiation between us and Russia would l)e in order to see that the pretensions on the northwest coast of America derived to the United States from Spain through the treaty of 1819 were not prejudiced by our separate agreement. That object can not be more effectually provided for than by inserting into our convention with Russia, as a protection for the claims of the United States, that part of the third article of the convention concluded by us with the United States in 1818 which was inserted in that con- vention for the protection of the claims of Spain herself in the rights which she had not then ceded. By that article it is stipulated that the agreement between the two contracting parties "should not be taken to affect the claims of any other power or state in an}^ part of the said country." Such a clause your excellency will voluntarily propose to insert in the convention which you are to conclude with Count Nessel- rode; and you will apprize Mr. Middleton of your intention of proposing that insertion. I am, etc., George Canning. [Iiiclosure 1.] ^ Hudson's Bay Co)npanij to Mr. G. Vunnlng. Hudson's Bay House, London, January 8, 1824- Sir: In reference to the conversation which I had the honor of having with you on Monday last, I beg to call your attention to my letter of the 25th September, 1822, on the subject of the trading stations of the Hudson's Bay Company in the countries on the northwest coast of America. In addition to what is therein stated, I have to inform you that it appears, by the intelligence received this last season, that our traders are extending their posts still farther to the northward in the country to the west of the Rocky Mountains. It may be proper for me also to mention that the Hudson's Bay Company have a chain of trading posts on the McKenzie's River as far north as about 67° north lati- tude, and that Indians trade at those posts who come from the countries lying to the west of that river and to the north of 60° north latitude, and that our traders are extending their posts to the westward into that country. The Russian station called "Sitka" is an island, and can give no claim by occupa- tion to anv I .art of the continent. But even if they had stations on the seacoast of the continent, this could not be held to give to Russia a better claim to a southern V)oundary on a line of latitude eastward than our stations in 67° north latitude give to GreatBritain to one on a line of latitude westward. 150 DIPLOMATIC CORRESPONDENCE From a want of accurate knowledge of the cours^es of the rivers or ranges of mountams, it is diHiciih to suggest any satisfactory boundary in the interior of the country in (|ncstinn, and (if consistent with your views) it might, perhaps, l)e sufR- cient al present to settle a boundary on the coast only and the country 50 or 100 miles inland, leaving the rest of the country to the north of that ])oint and to the west of the range of the mountains, which "separate the waters whii'h fall into the Pacific from those which flow to the east antl north, open to the traders of both nations. In this case, I would suggest the northern end of the inlet called Chatham Straits as the most southern point at which the coast boundary ought to be fixed. Tliis is but a little (if at all) to the north of the most northern trading station in the c(jun- try to the west of' the Rocky Mountains. The islands lying to the west of Chatham Straits may be given to Russia; but the Russians not t(j trade either on the coast or in the interior south of the l)ounilary, and the British not to trade on the coast north of it. If it is considered proper to lix at jiresent the interior boundary, I would suggest a line drawn from the above-mentioned point at Chatliam Straits due north until it strikes the range of mountains wliich separate the waters (being the supposed con- tinuation of the range called the Rocky iAIountains), and thence to follow the ridge of these mountains to the Frozen Ocean. This is the greatest c-oncession which I think it would be advisable to make to Russia with regard to the interests of the British fur trade, and it would be desira- ble, as the means of preventing the risk of collision between the traders of the two nations, if Mount Elias on the coast at 60° north latitude was taken as the boundary point, from whence the line of longitude should be drawn. I have, etc., J. H. Pelly. [Inclosurc 2.] V ilemnrial relating to llw nortliireM coast of America. The principal settlements of the Russian Fur Company in the North Pacific Ocean are on the Aleutian or Fox Islands, the Island of Kodiak being the great entrepot or magazine of the peltries, which are collected in the neighboring islands and from Cooks Inlet, Prince Williams Sound, where, however, it does not appear the Rus- sians have establishments inland, but the furs are collected by a coasting trader in the "baidarkat" or canoes. Mr. G. S. Langsdorff, who accompanied Captain Krusenstern in his voyages in the years 1803, 1804, 1805, 1806, and 1807, in giving an account of the fur trade, gives the following statement and history of the settlement of Lichta: "The constant decrease in the number of sea otters upon the coast of Kamchatka induced the Russians to i-xti-nd their possessions eastward, first to the islands between the coasts of Asia and America and linally to the northwest coast of America. Norfolk Soimd apiiearing to ]>iesent a favorable spot for an establishment, it was considered exi)edient to take possession of it. A fortress, with proper warehouses and dwelling houses, were built. * * * After a time, the natives rose ui)on the Russians and killed almost the whole party. In the year 1804 the director, M. de Rosanoff, again took possession of it with a large force, building a fortress and giving it the name of Kerr Archangel. If present occupation gives to a government the right of possession, the occupancy of Norfolk Sound could not give to Russia a claim to the coast bordering on the islands or the interior mainland, and it does not appear that Russia has any ports or settlements on the northwest coast of America which would give to Russia any right -of claim to the country by present occupancy, except at a settlement called Bodego, which is on the coast of New Albion, in latitude 88° 30'. . The country of New Albion is covered with oak-ash ]iine tindjer of large dimen- sions, fit for shipbuilding, and on the coast of Caiilornia a very line descriittion of hemp is found. The land is capable of the highest state of cultivation, producing excellent wheat, jiotatoes, hemp, and all kinds of vegetables. The Russians build vessels of large burden at their settlement, and, under the pretext of encouraging the fur trade, have encroached so far south; and in the year 1805 they sent a INl! de Resankoff to negotiate with the Spanish Government for ]ier- mission "to form an establishment in New California, which negotiation, however, failed. The Russian Government have, however, never lost sight of this ])lace, and it is RELATING TO TREATY OF 1825. 151 supposed are endeavoring to purchai^e the Californias from Spain; the possession of which would not only enable the Russian Govermnent to form a naval arsenal in the Pafifie, and, under the pi'etext of encouragino; the fur trade, to form a hardy race of seamen and bold adventurers, but would give to that (Tovernment the power of interfering with the liberties of South America. Russia can have no claim to the country of New Albion by the right of first discov- ery. This right is claimed by (Treat Britain and Spain, but from various authorities it belongs, beyond a duubt, to (freat Britain, which it w'ould be of great importance to establish, shnuld S])ain have ceded this country to Russia. In the year 1.574, Abraham Artilius, the geographer of the King of Spain, acknowl- edged that the northwest coast of America was quite unknown, and a few years after this declaration, Queen ElizaVjeth sent Sir Francis Drake on an expedition round Ca]»e Horn, which he named Queen Elizal)eth's Foreland, and he sailed as high as 48°, if not higher, landing at different places, and taking ])i>ssession of the countrj-, which he called New AUiion, and which has been so named ever since. It would thus appear the Russians have no claim to the coast, or to the mainland on tlie northwest coast of America, excejat to the land about Bodega, either by pres- ent occu])ancy or from first discovery, the land, which Iqherikoff made in 1741, being the coast of Norfolk Sound and Island, and divided from the mainland by a broari channel, and as it does not appear that Russia has anywhere establishments or posts on the northwest coast of America lower than Prince Williams Sound, except Bodega, which could give her the claim to present occupancy. Great Britain has, however, establishments of posts up to.S7°, trading with Indians, to the northward, and a post on Mackenzie River as high as 67°, which are increas- ing l)y expeditions of discovery,, and it may fairly, and with great reason, be hoped that Captain Franklin in his expedition will discover and take possession, if no treaty to the contrary is made, of all the coast and country to the westward of Mackenzie River as far as Icy Cape. Mi\ Endrrhij to Board of Trade. Paul's Wharf, Fehruary 7, 1S2J^. Sir: After the long and patient audience 3-011 admitted Mr, Mellish and n^v.self to on the 5th instant. I hope you will pardon my intruding on you l)y letter on the subject of nations claiming houndar}- lines of waters to prevent their colonies being interfered with. Previous to the convention which was concluded with Spain in 1790 Mr. Pitt sent to desire 1 would call on him at the Treasury, which I did; he asked me how near the coast of Spanish America in the Pacific Ocean we hshed for whales. I answered, frequently within 3 sea leagues. Mr. Pitt said he could not ask for such a short distance from the Spanish colonies on the coast of the Pacific Ocean, wdiere all their most vahtable gold and silver mines are placed, as they would be great objects for illicit trade, and that Spain was very jealous of any foreign intercourse with their most valuable colonies. Mr. Pitt said he believed Spain would be satistied with a boundary line of 10 sea leagues from the coast, which 1 acceded to in behalf of the adventurers in the whale tishery. As I conclude that a 1)oundary line of waters in the North Pacific Ocean will be agreed to between Great Britain and Russia, I hope I may be pardoned suggesting that there ought not to be any boundary line in entering into Bering Straits for the i)urpose of fishing or of attempting to find a passage through. Bering Straits are very narrow in all parts, and it would be almost impossible to fish in those straits without being daily within 5 or 6 leagues from the Russian colonies on the eastern coast of the straits. All I ask is that we may be protected in all our fair pursuits and 152 DIPLOMATIC CORRESPONDENCE enterprises in killing whales, seals, and other amphibious animals, and in exploring and navigating the most distant and unknown parts of the oceans in search of islands not colonized without control from any foreign power. I have, etc., Sam. Enderby. Adiiiiral Mordi'lnof to Connt NesseJrode. [Translation.] iiO February, 3 March, 1824. Dear Sir: One of the members of the American Company has writ- ten a refutation of the rights^to the sovereignt}- of the northwest coast of America arrogated to themselves by the English in the foreign newspapers. He intends to publish his work in one of the local jour- nals, but as such intention can not be carried out without your excel- lency's personal approval, I have the honor to submit the production to your judgment. It is well known that England boldly and without restraint arro- gates to herself far and wide the rights of ])arter, trade, and jurisdic- tion, and in settling the boundaries of 'regions adjoining her colonies she measures for herself in degrees and leaves to her neighbors for their share miles, versts, and sagenes. She prepares herself with an extent of territory" not requisite for the present time only, hut what may appear necessary at some future time. Seaboard colonies require for their welfare not only the control of the shore, but there is need of helds and forests, plains and mountains for the satisfying of the inhabitants' various and numerous wants. England, landing at Port Jackson, proclaimed to all the powers that the whole of New Holland belonged to her, covered it on all the maps with her color, and permits no one to dispute her rights on this the greatest island in the world. The Russians were the first to discover the northwest coast of America and etl'ected the first settlements on it. They were the first to become acquainted, make friends, and join in barter, and even in family alliances, with the inhabitants of the mainland of this region. For the maintenance of the original inhabitants in independence, Russia spared neither labor nor expense, subjected herself for many years to dangers, sustained many shipwrecks, and obtained rights which no other nation can lay claim to. But if Russia did not possess so many solid and unquestionable rights, by the development of a wild region by natural right belonging to no one, it might appear immodest and rash if one of the negotiating par- ties demanded for herself the possession of the whole territory, and to her friendly neighbor left a little strip of no consequence, thirty or forty versts in width, and ofi'ered to a power of equal rank that which would make a nobleman well to do. Russia already in the forties of the last century counted herself the sovereign of the northwest portion of America to the 55th degree of latitude, and annexed to her power the peoples inhabiting all the extent of the mainland up to the Cordillera ^Mountains themselves, a boundary laid out by nature; England onlv in recent times discovered the course of the river Mackenzie, which stretches out on the eastern side of those mountains. In the determination of boundaries of domains l)y geographical RELATING TO TREAT T OF 1825. 153 degrees, in the de.sig-nation of frontiers by parallel and a meridian, versts and miles can not be accepted for the allotment in lands to one or the other side of those negotiating- as to a mutual and just separation. They can not be accepted when the separation is eflected in a friendly manner and on the basis of mutual advantages, and this was proposed as a condition. By the assignment to Russia upon the territory belonging to our Novo- Arkhangel colony, and along the coast to the north for a large extent, limited to 40 miles in width, we shall be pushed behind the (50th degree; for we shall have to leave all our colonies below that degree and recog- nize as English sul)]'ects all the inhabitants there converted by us to the Greek-Russian faith. Then we shall be in fact deprived of our old- time property which we have controlled even from the times of the Empress Anne. A little strip -iO miles wide can not furnish a useful possession in any connection not honorable for Russia as a power. In 1822 a committee, composed of 22 ministers, for the investigation of the respective rights, recognized the autocracy (sovereignty) of the Emperor Alexander in northwest America to the parallel of the 51st degree, and upon this recognition was given out an imperial manifest for the declaration to all the foreign powers of the limits of tJie Rus- sian Empire in America. The small usefulness of a vast realm of wild territory certainly appears at the present time, but we can not forget the sacrifice made by Russia to the Chinese, of the domain lying from the Yablonoi Mountains to the Amur River. At the time of that sacrifice we were satisfied with the vast extent of Siberia and looked with contempt on the wilderness of the sacrificed territories, but now^ it is dawniing on us that the Amur, the only river flowing out of Siberia into a sea for navigation, does flow altogether in our domains and this great loss we can not retrieve. If at the present time circumstances should not 1)e favorable for a profitable and just assignment of our boundaries on the mainland, then does not your excellency acknowledge as beneficial to lav aside the negotiations on this article until another time, and limit himself to the opening of the port of Xovo-Archangelsk for the free entrance into it of foreign vessels, with the establishment of trade regulations and with the maintenance of the prohibition to have direct traffic with the savages, and to supply them with arms and powder, which they turn against us and against them as well, for it is known that several Ameri- cans of the United States have been killed with guns given by Europeans? To the English and to the Americans the opening of our port is equally beneficial, and also for us, and they seek it very zealously. In the present afl'air they are the solicitors rather than we. Brevity of time does not permit me to explain properly my mean- ings; therefore I humbly request your excellency to permit me to come to you, designating an hour that is free for you. I have the honor, &c. Sir C Bar/fd to 2Ir. G. Cotvting. (X^0\ No. 23.] St. Petersburg, March 17 (29), 182J^. . (Received April 13.) Sir: It is with a feeling of considerable disappointment that, after a constant negotiation for more than six weeks, after having gone to 154 DIPLOMATIC CORRESPONDENCE. the utmost limit of your instructions — and after having taken upon myself to yo even far beyond them — I should nevertheless have to acquaint you that I have entirely failed in inducing the Russian Gov- ernment to accede to what I consider to be a fair and reasonable adjust- ment of our respective pretensions on the northwest coasts of North America, or to the adoption of any line of territorial deuiarcation which appears to me to l)e reconcila])le. under the spirit of your instructions, with our legitimate interests in that ([uarter of the world. In order that I may put you in complete possession of the whole course of my negotiation upon this subject, and may explain the pre- cise grounds upon which I have felt myself compelled to suspend, for the present, all further proceedings in this business, it will, I fear, be necessary that I should enter into a detail of some length, and that 1 should load this dispatch with several papers which are now become of importance. It was on the 16th of last month that I had niy first conference upon this question with the Russian plenipotentiaries. Count Nesselrode and M. Poletica. I opened this conference by explaining to the plenipo- tentiaries the reasons for which His ^Majesty had judged it advisable to treat separately upon this matter, rather than, as it had been orig- inally intended, in concert with the Government of the United States. I then laid before them Count Lieven's note to you of the 31st January, 1823, proposing that the question of strict right should be provi- sionally waived on l)oth sides, and that the adjustment of our mutual pretensions should be made upon the sole principle of the respective convenience of both countries. This basis of negotiation being willingly accepted by all parties, I stated that, so far as 1 understood the Welshes and interests of Russia, her principal object must be to secure to herself her fisheries upon the islands and shores of the northwest coasts of North America and the posts which she might have already esta))lished upon them: that, on the other hand, our chief objects were to secure the posts upon the con- tinent belonging to the Hudson Bay Company, the embouchures of such rivers as might atiord an outlet for our fur trade into the Pacific, and the two banks of the ^lackenzie River; that, in the belief that such were our respective objects, I would propose as our boundary a line drawn through Chatham Straits to the head of Lynn Canal, thence northwest to the one hundred and fortieth degree of longitude west of Greenwich, and then along that degree of longitude to the Polar Sea. This proposal was made by me verbally, and was taken for considera- tion by the Russian plenipotentiaries, who at our next meeting offered a "contre-projet," which I afterwards requested might be reduced to writing, and of which I inclose a copy (Inclosure 1). In offering this *•" contre-projet,"' Count Nesselrode seemed to intimate that, however disposed the Emperor might be to retract pretensions advanced by himself which might be thought to conflict with the inter- ests of other powers, it would be asking too nmch of the imperial dig- nit}' to require that pretensions ad\anced twenty-five years ago by the Emperor Paul, and which had been hitherto undisputed, should l)e now renounced. I thought it my duty, upon an intimation of this kind being made, to declare at once that all consid(>rations of such a nature were incom])atible with the stipulated l>asis of our negotiation, and that if the (juestion of national dignity was to be touched, I, too should have nuich to say upon that head, and should probably And it quite RELATING TO TKEATY OF 1825. 155 impossible to make those concessions which, upon the simple ground of mutual convenience, I might perhaps witliout difficulty do. This explicit declaration had its desired effect, and the Russian plenipoten- tiaries engaged not to introduce again arguments of this kind into our discussions. As the "contre-projet'' offered to me appeai-ed to he, generally speaking, entireh' inadmissible, I drew up such a moditication of my original proposal as would, I thought, meet the only reasonal)le objec- tion made to it (an objection made in conversation by the Russian plenipotentiaries), viz, the inconvenience which Russia might experi- ence by vessels of the United States claiming a right, under their con- vention with Great Britain, to visit the waters lying between Kino- George's Archipelago and the islands and continent to the eastward of it, and which might, in this manner, seriously anno}^ the subjects of His Imperial Majesty in their pursuits and occupations upon those .shores. This moditication of my first proposal will he found in the inclosed paper (inclosure 2), which I delivered to the Russian plenipotentiaries at our next conference. You will observe that in making the proposal so modified, 1, in fact, exceeded, in some degree, the strict letter of your instructions bj' assigning to Russia the islands lying between Admiralty Island to the north and Duke of York and Prince of \\^ales islands to the south, but I entertained sanguine expectations that such a proposal, coupled with the concession of a line of coast extending 10 marine leagues into the interior of the continent, would have been considered as amply suffi- cient for all the legitimate objects which Russia could have in view, and quite as much as she could pretend to with any shadow of real claim or justice. So far, however, from this being the case, my amended proposal was met at our next conference by observations which I again requested might be reduced to writing, and which will be found in the inclosed paper (Inclosure 3). As, in this paper, parts of the main continent to which Russia can not ])y possibility have ever acquired any claim, and of which Great Britain is at this moment actually in partial occupation, are offered to His ^Nlajestv^ in the light of concessions, it became necessary for me to reject any such offers as a boon in the most explicit terms, and you will find that I have not failed to do so in the inclosed paper (Inclosure 4), with which I replied to the paper in question. As, how^ever, I felt strongly the importance of adjusting this business, if possible, at the present moment, and as I felt also that although the Russian plenipotentiaries had, in consequence of my former remarks, agreed to waive altogether all question of national dignity in discuss- ing it, His Imperial Majesty might yet possil)ly feel an invincible repug- nance to retract from the pretensions advanced by the Phnperor Paul in the charter given to the Russian-American Company in ITUV) (however luiacknowledged by other powers such pretension might have been), I thought that 1 should not act in opposition to the spirit at least of my instructions if, in deference to such a sentiment on the part of the Emperor, and with a view to ffnish the Inisinoss quickly, I ventured to make yet one other proposition which, while it saved this point of dig- nity to Russia by giving to her the rifty-fffth degree of latitude as her l)oundary upon the islands, might presei've also uninterrupted our 156 DIPLOMATIC CORRESPONDEISrCE access to the Pacific Ocean, and secure to His Majesty the lit'ty-sixth degree of north hititude as the British boundary upon the coast. The proposition by which I had hoped to effect these objects will also be found in the paper (Inclosure 4), in delivering- which 1 gave it clearly to lie understood that it contained my ultimate proposition. It was not till the day before yesterday, that is, nearly ten days after I had given in this paper, that I was iinited to another conference, when I was informed that the Imperial Government had, after anxious consideration, taken theii- linal decision, and that they must continue to insist upon the demarcation as described by them in the lirst paper (Inclosure 1). Finding this to be the case, I repeated that I had already gone far beyond the utmost limit of my instructions, and that I was sorry to say that 1 must now consider our negotiations as necessarily sus- pended, so far at least as the question of territorial demarcation was concerned. Count Nesselrode then inquired whether I should object to transmit to my court the tinal decision of himself and M. Poletica as it is • declared in the inclosed paper (inclosure 5), and whether I did not think that His Majesty's Government, seeing how slight our disagree- ment was, might not be disposed to furnish me with such further instruc- / tions as would enable me to meet the views of the Russian Government, informing me at the same time that it was intended to acquaint Count Lieven by the courier, who is to be dispatched to night to London, with the course which the negotiation had taken, and to instruct him to hold some conversation with you upon the subject. I told Count Nesselrode that I should, of course, feel it to be my duty to transmit this and all other papers connected with the negotiation to you without loss of time, but that I could not by any means take upon myself to say what might be the opinion of His Majesty's Government as to the pretensions so tenaciously adhered to b}' the Imperial Govern- ment, further than hy saying that certainly they were such as had never been contemplated by my court in the instructions with which I had been as yet furnished, and that if a territorial arrangement per- fectly satisfactory to both parties could not now be made, it might possibly be thought by my Government that our respective preten- sions might still remain without any serious inconvenience in the state in which they had before stood, and that it would only be necessary for the present to confine their attention to the adjustment of the more urgent point of the maritime pretensions — a point which would not admit of equal postponement. In reply to this observation Count Nesselrode stated, to my extreme surprise, that if the territorial arrangement was not completed, he did not see the necessity of making any agreement respecting the mari- time question; and I found myself most unexpectedly under the neces- sity of again explaining very distinctly, l)oth to him and to M. Poletica, that the maritime pretension of Russia was one which, \iolating as it did the first and most established principles of all pu])lic maritime law, admitted neither of explanation nor modification, and that my Govern- ment considered themselves possessed of a clear engagement on the part of Russia to retract in someway or other a pretension which could neither be justified nor enforced. Here the matter rested; l)ut I ought to state that, notwithstanding this unexpected observation of Count Nesselrode, I do not at all RELATING TO TREATY OF 1825. 157 ])elieve that, had we l)een able to agree upon our southern line..ot' demarcation, we should have found any real difficulty either as regards tlie retraction of the maritime pretension, or as regards our western boundary, or any of the other minor details which we should have been called upon to adjust; but the observation was made, and considering what has already passed upon this subject ])oth here in London and in America, considering also the delicac}' with which Hi.s Majesty had left it to the Russian Government themselves to frame the terms in which their retractation of this preposterous pretension should be made, His Majesty's Government may perhaps think it advisable that Count Lieven should be again given clearly to understand that it is a point to wdiich no slight importance is attached by His Majesty, and that the pretension as it now stands will admit of no remedy i)ut that of public, formal, and precise retractation in some shape or another. Such has been the course of my late negotiation upon this question, and such the grounds upon which I have thought it my duty to suspend it for the present. 1 know full well the inconvenience of breaking oil' such a negotiation in such a stage and upon a point which, judging only by the map, mig-ht perhaps appear of so little real importance to His Majesty's present interests, but when I consider l)y how much I have already exceeded my instructions, how more than doul)tful is the real right of this Government to any part of the territory in most immediate dispute, and how much more exorbitant are their pretensions upon the north- west continent of America than 1 had before had reason to suspect, I certainly could not venture to take upon mj'self the heavy responsibility of making any further concessions of a territory the value and possible local advantages of which I had no means of estimating, and which 1 believe are as yet so imperfectly known. It is somewhat remarkable that while the Russian pretension of maritime jurisdiction stands unrscalled among the ukases of the Imperial Government, a note such as that of wdiich I herewith inclose a copy should have been addressed to me in the midst of our negotia- tions asking protection for a Russian ship to navig-ate in safety those very seas and visit those very shores which the Court of Russia has by such high-handed decrees declared to be a part of her exclusive domin- ions; and a part, too, which the other powers of the world are forbidden to approach. I have not yet answered this note, ])ut if I am pressed to do so before I can receive the instructions of His Majesty's Government in respect to it, I shall certainly grant the certificate required, as was done in a former and similar instance ))}' Lord Cathcart. I have, etc., Charles Bac40t. [Inclosure 1.] ^ Counter-Draft bij Russian Plenipotentiaries. Les proposition faites par les Plenipotentiaires de Eussie a Sir Charles Bagot, et que son Excellence a ete priee de prendre en mure consideration, tendoient a faire admettre le 55'^ degre de latitude septentrionale comme ligne de demarcation entre les possessions respectives sur la cote nord-ouest de I'Amerique. Cette meme limite a deja ete assignee aux possessions Russes par la Charte que feu I'Empereur Paul I'"' accorda a la Comj^agnie Americaine. 158 DIPLOMATIC CORRESPONDENCE Comme le parallele du do" degre coupe I'ile du Prince de Galles dans son extre- mite meridionale, laissant en dehors deux pointes de terre, les Plenipotentiaires de Russie ont propose que ces deux pointes fussent comprises dans les limites Russes, voulant eviter par la une division de territoire egalement incommode aux deux par- ties interessees. Pour completer la ligne de demarcation et la rendre aussi distincte que possible, les Plenipotentiaires de RuS'^ie ont exprime le desir de lui faire suivre le Portland Canal jusqu'aux montagnes qui bordent la cote. De ce point, la limite remonteroit le long de ces montagnes parallelement aux sinuosities de la cote, jusqu'u la longitude du 139 degre (meriden de Londres), degre dont la ligne de prolongation vers Ic nord turmeroit la limite ulterieure entre les possessions russes et angloises au nord, (•(iniinc A I'ent. Le motif principal qui force la Russie a iusister snr la souverainete de la lisiere indiqucc plus haut sur la terre ferme depuis le Portland Canal jusqu'au point d'inter- sectiou dn H0° avec le 139° de longitude, c'est que, privee de ce territoire, la Com- paguie Russ?-Americaine n'auroit aucun moyen de soutenir les etablissemens qui seroient des lors sans point d'appui, et qui ne pourroient avoir aucune solidity. En revanche la Russie se feroit un devair d'ouvrir aux sujets de Sa Majeste Britan- nique la libre navigation de tous les fieuvesqui aboutissent a I'ocean dans cette meme lisiere. Pour donner une derniere preuve de son empressement a aller au devant des vceux du Gouvernement Anglois, elle ouvriroit aussi au commerce des sujets de Sa Majeste Britannique et a leurs vaisseaux le port de Novo-Archangelsk, dans le cas ou les propositions ci-dessus seroient acceptees. [Inclosure 1.— Translation.] Counter draft % Russian pknipotenltarles. [Date as shown by Russian Archives, 12 (24) February, 1824.] The proposals made by the Russian plenipotentiaries to Sir Charles Bagot, and which his excellency lias l>een asked to take into careful consideration, aimed at j having the rifty-tifth degree of north latitude accepted as the line of demarcation 'between tlie respective jxjssessions on the northwest coast of America. This same txiundary has already been assigned to the Russian possessions by the charter which the late Enqieror Paul I granted to the American Company. As the parallel of the fifty-fifth degree cuts the southern extremity of Prince of Wales Island, leaving two points of land outside the line, the plenipotentiaries of Russia have proposed tliat these two points be comprised within the Russian limits, wishing thereby to avoid a division of territory, which would be equally inconvenient to the two interested parties. i To complete the line of demarcation and render it as distinct as possible, the pleni- I potentiaries of Russia have expicssed the desire to make it follow Portland Channel ■ up to the mountains whi^li burder the coast. " . From this point the Ijoundary would ascend alon^ those mountains, parallel to the I sinuosities of the coast, as far "as the one hundred and thirty-ninth' degre'e'of longi- I tiide (meridian of London), the line of whicli degree, prolonged northward, would I form the ulterior limit between the Russian and English possessions, to the north as well as to the east. I The principal motive which constrains Russia to insist upon sovereignty over the labove-indicated lisiere (strip of territory) upon the mainland (terre ferme) from jl'ortlaud Channel to the point of intri>e'rtioii of (i()° latitude with 139° longitude is Ithat, deprived of this territory, the Itussiaii-Anierican Company would have no means of sustaining its establishments, which would therefore be without any sup- port (point d'appui) and could have no solidity. In return, Russia would make it a duty to open to the subjects of His Britannic Majesty the free navigation of all the rivers which empty into the ocean through the said lisiere. To give a final proof of her desire to anticipate the wishes of the English Govern- ment, she would also open to the trade of the subjects of His Britannic Majesty and to their vessels the port of Novo-Archangelsk in case the above proposals are accepted. [Inclosure 2.] ' Amended Proposal by Sir C. Bagot. Comme il a ete convenu de prendre pour base de negociation les convenances mutuelles des deux pays, il est a remarquer, en r^ponse a la proposition faite par les RELATING TO TREATY OF 1825. 159 Plenipotentiaries Russes, qu'une ligne de dtMnarcation tracee de I'extremite meri- dionale de I'lle du Prince de Galles jusqu'a I'emboiu-hure du Canal de Portland, de la par le milieu de ce canal jusqn'a ce qu'elle touche la terre ferme, de lii jusqu'aux montagnes qui bordent la cote, et de la le long de ces montagnes jugqu'a la longi- tude du ISO"" degre, &c., oteroit a Sa Majeste Britannique la souverainete de toutes ces anses et de ces petites baies qui se trouvent entre les latitudes 56° et 54° 45' dont plusieurs {a ce qu'il y a tout lieu a croire) communiquent directement aux Etablis- semens de la Conipagnie de Hudson's Bay, et seroient par con.-^rquent d'une impor- tance essentielle pour son commerce, tandis que de I'autre cute la C'i>mi>agnie Russe- Americaine ne possede aucun Etablissement sur la terre ferme entre les deux paralleles susmentionnees, ni meme sur I'lle du Prince de Galles, ni sur les iles qui sont situees entre celle-ci et la terre ferme. En acceptant la proposition faite par Sir Charles Bagot dans sa premiere confe- rence avec les Plenipotentiaires Russes, il n'y auroit (a ce qu'il paroit) qu'un seul inconvenient pour la Russie, celui qui pourroit resulter du droit que reclameroient peut-etre les Etats-Unis, en vertu de leur Convention avec la Grande-Bretagne de I'annee 1818, de naviguer librement dans tons les parages entre I'lle du Roi George et la terre ferme, et de gener ainsi de quelque sorte le commerce des sujets de Sa Majeste imperiale dans ces eaux. Pour obvier a cet inconvenient et pour assurer a la Russie I'entiere souverainete de ces parages, ainsi que toutes les iles et les cotes ou il y a effectivement des Eta- blissemens Russes, la Grande-Bretagne proposeroit de prendre pour ligne de demar- cation entre les territoires des deux Puissances une ligne tracee de I'ouest vers Test, par le milieu du canal qui separe les lies du Prince de Galles et du Due d'York de toutes les iles situees au nord des dites iles jusqu'a ce qu'elle touche la terre ferme. De la se prolongeant dans la meme direction sur la terre ferme jusqu'a un point distant de la tote de 10 liens marines, la ligne remonteroit de ce point vers le nord et le nord-out'st, ]>arallelement aux sinuosites de la cote, et toujours a la distance de 10 lieues marines du rivage, jusqu'au 140'-' degre de longitude (de Greenwich) dont elle suivroit alors du prolongement jusqu'a la Mer Polaire. [Inc'losure 2.— Translation.] Amended proposal by Sir C. Bagot. Since it has been deciliss('nirris i|Uclciiiii|ncs sur la terre ferme au sud du 60*" ou olf dr<:r.' (Ir latituilc imrd, mais il> niit d/claic (jue, privee d'une lisiere sur la terre ferme, la C'ninpa.miic Kiissc-Aiu ricainc n'auroit aucun moyen de soutenir ses Esta- blisseniens sur les iles, qui serioent ties lors sans point d'appui et ne pourrioent avoir aucune solidite. Tout argument fonde sur la consideration de la convenance pratique de la Russie ne pouvoit etre que du plus grand poids, et la Plenipotentiaire de Sa Majeste Bri- tannique n'hesita pas d'abandonner, en consequence de cette observation des Pleni- potentiaires de Russie, la ligne de demarcation qu'il avoit d'abord proposee, savoir celle tjui devoit passer par le milieu de Chatham Straits jusqu'a I'extremite septen- trionale de Lynn Canal et de hi a Mont Elias, ou tl F intersection du HC degre de longitude, etd'en proposer une autre qui assureroit a la Russie non seulement une lisiere sur le continent, vis-a-vis de ]'i5tablissemente le plus meridional (ju'elle possede sur les iles, mais qui lui assureroit aussi la possession de toutes les iles et les eaux qui I'avoisineut, ou qui se trouvent place es entre cet Ltablissemente et la terre ferme, la possessidu entin de tout ce qui pourroit devenir, par la suite, de quelque utilete, ou pour sa Milidite ou pour sa prosperite. Mais le Plenipotentiaire de Sa Majeste Britannique ne pent as admettre que la Russie accorderoit ou assureroit a Sa Majeste Britannique un nouvel avantage par sa renonciation I'l la partie de la cote situce entre 1' embouchure flu Portland Canal et le degre de latitude envisage comme limite des possessions Russes dans I'Oiikase de 1821, ni meme par sa renonciation il toute partie du continent au midi des Etablissemens qm y out ete dejji formees; car, quand meme Sa Majeste Britannique eut jamais reconnu ce degre de latitude corame formant la ligne de demarcation en autant qui'il regarde les iles,' el ne pourroit, d'apres le principe enonce plus haut, I'avoir reconnu comme limite sur le continent voisin, sur lequel la Compagnie de la Bale de Hudson avoit deja etabli plusieurs de se ses postes les plus im])ortaiits. Cette Compagnie a en effet des Etablissemens meme pres de la cote, au nord du 55*^ degre; Sa Majest'' Britannique ne pourroit clone sans sacrifier les interets de la Compagnie renoneer a ses droits a la souverainete de la cote, et des iles qui en dependent immediatemeut, jusc^u'a la hauteur de 56" 30^ de latitude nord, quel que soit le degre de latitude que Ton pourra di§finitivement convenir de prendre pour imite entre les deux Puissances, en autant qu'il concerne les iles situees plus a I'ouest. 1 L'origine du Portland Canal puet etre, comme il y a lieu de croire, I'embouchure de quelque fieuve qui coule par le milieu du pays occupe par la Compagnie de la Bale de Hudson, et il est par consequent d'une importance majeure a la Crande-Bretagne d'en posseder la souverainete des deux rives. Ce fut dans I'espoir de pouvoir concilier ces objets indispensables avec ceux du Gouvernement Imperial, et determiner sans plus de delai une question, qu'il paraissoit etre egalement de I'interet des deux parties d'arranger definitivement au moment actuel, quele Plenii:)otentiaire de Sa Majeste Britanni(]ue eut I'honneur de proposer dans sa derniere Conference avec les Plenipotentiaires de Russie, une ligne de demarcation, qui tout en conservant a la Russie pour limite meridionale sur les iles le degr6 de latitude designe par I'Oukase de 1799, assigneroit en meme terns a la Grande-Bretagne pour limite sur la cute de la tei re ferme la latitude de 56° 30^ nord. II semble ciu'une ligne tracee de re\tr('iiiit(' iik riiliunale du iletroit nomme "Duke of Clarence's Sound" par le milieu de ce di'tmit, jus(iu'au milieu du detroit qui separe les lies du Prince de Galles et du Due d' York de toutes les iles situees au nord des dites iles, de la, vers Test par le milieu du meme detroit jusqu'a la terre ferme, et se prolongeant eusuite dans la direction, et de la maniere deja proposees par le Plenipotentiaire de ."^a Majesti' Britannique jusqu'a Mont Elias, ou a 1' intersection du 140'^" degre de longitude, tnrmeroit une ligne de demarcation qui concilieroit les con- venances mutuelles des deux Parties, et qui assureroit peut-etre d'une maniere satis- faisante les interets reciproques taut actuels que futurs des deux Empires dans cette partie du globe. RELATING TO TREATY OF 1825. 163 [Inclosiire 4'. — Translation.] Reply hi/ Sir C. Bani), and could have no substantial footing. Any argument founded on tlie consideration of the practical advantage of Russia could not fail to have the greatest weight, and the iilenii)otentiary of His Britannic Majesty did not hesitate to give up, in consequence of this observation of the Rus- sian plenipotentiaries, the line of demarcation which he had first proposed, to wit, one passing along the middle of Chatham Straits as far as the northern extremity of Lynn Channel, and thence to Mount Elias, or to the intersection of the one hun-. i ; dred and fortieth degree of longitude; and to offer another which would secure tol j Russia, not only a strip on the continent, opposite the southernmost establishment! I ^ which she possesses on the islands, bufalso tlie jiossession of all the islands, and! / w;aters in its vicinity or which are situated between that establLshnient and themain-t' ran(r'( terre ferme); in short, ]>ossession of all that could in future be of any service, ■' either to its stability or its prospeiity. But the plenipotentiary of His Britannic Majesty can not admit that Russia would grantor secure to His Britannic Majesty a new advantage by her renunciation of that part of the coast located between the mouth of Portland Channel and the degree of latitude regarded as the boundary of the Russian ])ossessions in the ukase of 1821, or even by her renunciation of all parts of the continent south of the establishments which have already been formed there; for, even if His Britannic Majesty had ever recognized that degree of latitude as constituting the line of demarcation so far as the islands are concerned, he could not, according to the prin- ciple above stated, have re(;ognized it as the boundary on the neighboring continent, on which the Hudson Bay Company had already established several of its most important posts. This company has in fact establishments even nearer the coast north of the fifty- fifth degree; His Britannic Majesty can not, therefore, without sacrificing the inter- ests of the company, renounc^e his rights of sovereignty over the coast and the islands directly dependent thereon, as far as 56° 30^ of north latitude, whatever degree of latitude it may l)e finally dccidiMl to acc('])t as the boundary between the two powers in so far as relates to tiic islands located failhcr west. The head of Portland Channel may he, as there is reason to believe, the mouth of | some river flowing through the midst of the country occupied by the Hudson Bay t Company, and it is, consequently, of great importance to Great Britain to possess the ' sovereignty of the two shores thereof. It was in the hope of being able to reconcile these indis]iensable objects with those of the Imperial Government, and to decide without further delay a question which it appeared to be equally to the interest of both parties to settle definitely at the present time, that the plenipotentiary of His Britannic Majesty had the honor of proposing, in his last conference with the plenipotentiaries of Russia, a line of demar- cation which, while preserving to Russia the degree of latitude designated in the ukase of 1799 as her southern boundary in the islands, would assign at the same time to Great Britain as her boundary on the coast of the mainland (terre ferme) the lat- itude of 56° 30' north. * It seems that a line drawn froin the southern extremity of the strait called "Duke v/r of Clarence's Sound," through the middle of this strait to the middle of the strait 1 which separates Prince of Wales and Duke of York islands from all the islands lying 1 north of those islands, thence toward the east through the middle of the same strait ) to the mainland, to be prolonged afterwards in the direction and manner already / proposed by his Britannic Majesty's plenipotentiary as far as Mount Elias or to the ' intersection of the 140th degree of longitude, would form a line of demarcation which (y-U^ -f ' ^ ! 164 DIPLOMATIC CORKESPONDENCE would conciliate the mutual convenience of the two parties, and which would perhajas satisfactorily assure the reciprocal interests, both present and future, of the two empires in that part of the globe. [Inclosure 5.J V Final decision of Bussian plenipoleittiarics. Les Plenipotentiaires de Russie ont porte a la connoissance de I'Empereur, leur Maitre, les dernieres propositions qui leur ont ete faites par Sir Charles Bagot, rela- tivement a la ligne tie demarcation qui separeroit les possessions Russes des posses- sions Angloises sur la cote nord-ouest du Continent de I'Amerique. Attentivement examinees par Sa Majeste Imperiale, ces propositions ne lui ont point paru de nature ii pouvoir etre acceptees. L'Empereur charge ses Plenipotentiaires de declarer itcrativement a M. I'Ambas- sadeur d'Angleterre: Que la possession de I'lle du Prince de Galles, sans une portion de territoire sur la cote situee vis-a-vis de cette ile, ne pourroit etre d'aucune utilite a la Russie. Que tout Etablissement forme sur la ditejle, ou sur celles qui I'environment, se trouverait en quelque sorte tourne par les Etablissemens Anglois de la terre fernie, et complettement a la merci de ces derniers. Qu'en (•(iiisc<|ncnce un arrangement semblable ne serait nullement conforme au principc 'les cox ciiances mutuelles. Qu'an ivsti'. d'aprCs li; tcnioignage des Cartes les plus rc^centes publiees en Angle- terre, il n'existe ancun Ktablisst^nicnt Anglais ni sur la cote meme du continent ni au nord du 54° de latitude seiitentrionale. Qu'ainsi, quand les limites tixces aux possessions Russes par la Charte de 1799, n'auraient point en leur faveur depuis vingt-cinq ans le consentement tacite de toutes les Puissances, encore la Russie exerceroit-elle sur cette partie de la cote pr^- cisement les memes droits que la Grande-Bretagne, d'ou il resulte que la question devrait toujours etre resolue, non d'apres les interets exclusifs d'un des deux Empires, mais de maniere a concilier leurs interets reciproques. Qu'entin, quant a la navigation des tleuves, la Russie croyait avoir offert a la Grande-Bretagne tons les avantages et t(jutes concessions que celle-ci pent desirer. Et que dans cet etat de choses les Plenipotentiaires de Sa Majeste Imperiale avoient ordre d'insister sur leurs propositinns aiitrricnn's, i)roiinsitions dont ils ont amjjle- ment developpc les motifs a son l''xct'llcnce M. Ic Clicvalicr Bagot. L'Einperenr espere que ces nidtits scruut ap]>ivci(>s par le Gouvernement de Sa Majeste Britannique, et que M. I'Ambassadeur d'Angleterre les fera valoir avec ce desif de rapprocher les opinions respectives qu'il a manifeste dans tout le cours de cette negociation. Sa jNIajeste Imperiale est au regret de ne pas la voir terminee des a present; mais elle se flatte que les resolutions definitives du Cabinet de Londres empecheront sans doute ces pourparlers de demeurer steriles. St. PETERSBOURC4, Is 17 {'29) Mars, 1824- [Inclosure b. — TrMiislation.] Final decision of Russian pJenipotoitiaries. The ])lenipotentiaries of Russia have brought to the knowledge of the Emperor, their master, tlic last proixisals wliich wciv made to them l)y Sir Charles Bagot in reti:ani tntlu- liiicnt (Iciiiarcatinii wliidi slioiild separate the Russian jiossessions from the Euuiisli [xisscssidiis un tlir iiuilliw est cuast uf the American continent. After l)eing carefully examined by His Imperial Majesty, these proposals do not seem to him to be of such a nature that they can be accepted. The Emperor charges his plenipotentiaries to repeat to the ambassador of Eng- land — That the possession of Prince of Wales Island without a slice (portion) of territory upon the coast situated in front of that island could be of no utility whatever to Russia. That any establishment formed upon said island or, upon the surrounding islands would find itself, as it were, flanked by the English establishments on the mainland and completely at the mercy of these latter. RELATING TO TREATY OF 182"), 165 That, in consequence, such an arrangement could not in any wise conform to the principle of mutual accduiiiKHlation. That besides, accordiim tn tlic testimony of the most recent maps published in England, no English cstahlisliiiirnt exists either on the coast of the continent itself or north of the 54th degree of nnrth latitude. That thus, even if the boundaries tixcd for the Russian possessions by the charter of 1799 had not in their favor the tacit consent of all the powers for the past twenty- five years, Russia would yet exercise, on this part of the coast, precisely the same rights as Great Britain, from which it results that the question would always have to be decided, not according to the exclusive interests of one of the two empires, but in such a way as to reconcile their mutual interests. That finally, as to the navigation of the rivers, Russia believed that she had offered to Great Britain all tiie ad\antages and concessions that the latter could desire. And that, in view of this state of things, the plenipotentiaries of His Imperial Majesty had rcci'ivcd orders to insist n[ion their previous proposals, the reasons for which proposals tiicv liad fully explained to His Excellency Sir Bagot. The EminTor iiopi-s that tiicsc reasons will be appreciated by the Government of His Britannic .Majesty, ami that the ambassador of England will give them their proper weight, with that desire to reconcile the respective opinions which he has displayed throughout the course of these negotiations. His Imperial Majesty regrets not to see them terminated at the present time, but he is pleased to believe that the final decisions of the London cabinet will prevent these discussions from being barren of result. St. Petersburg, March 17 {29), 1824- [Inclosiire 6.] ' Memorandum. La Compagnie Russe-Americaine a ete munie a differentes epoques de la part des Missions etrangeres accreditees pres la Cour Impcriale de Russie de certificats destines a assurer appui et protection aux navires que la dite Society dirige vers les contrees soumises a la domination des Puissances amies. Sachant apprecier tons les avantages d'une assistance aussi efficace, la Compagnie vient de s'adresser an Ministere Imperial dans le but d'obtenir par son intervention une lettre de protection d' usage jwur le vaisseau "Heleiie," connnande par le Lieu- tenant de la Marine Tchistiakoff. Ce batiment, dont la destination est de porter des provisions aux Colonies de la CouqiaKnie, s'occupera en meme terns de recherches scientifiques dans les parages vers les(|uels il dirige sa course. En consequence, le Soussigne a I'honneur de prier son Excellence ]\I. le Chevalier de Bagot, Ambassadeur Extraordinaire et Plenipotentiaire de Sa Majeste Britannique, de vouloir bien lui transniettre, A 1' usage du Lieutenant Tchistiakoff, un certificat lequel, en specifiant le but de rex]n'dition, reclamerait en faveur du commandant et de I'equipageun accueil hospitaller, et s'ilsse trouvaient dans le cas d'y avoir recours. une assistance ethcace de la parte des auturites Britanni(pies. Le S.ius^iLiiK' se plairait a reconnaitre dans un accueil favorable a la demande qu''u vient clex primer an nom de la Compagnie Russe-Americaine une nouvelle preuve des relations umicales qui existent entre les deux Cours, et il saisit, &c. Nesselrode. St. Petersbour(4, le 12 Mars, 1S24- [Inclosure 6.— Translation.] Memorandum. The Russian-American Company has been furnished at different times by the for- eign missions accredited to the Imperial court of Russia with certificates designed to secure assistance and protection to the ships which the said society sends to countries subject to the rule of friemlly powers. Knowing how to appreciate the advantages of such efficient aid, the company has just applied to the Imperial Goverimient, with the object of obtaining, through its intervention, the usual letter of i»rotection for the vessel Ilc/ene, commanded by Marine Lieutenant Tchistiakoff. / 1()() DIPLOMATIC CORRESPONDEIS'CE Thin ves^sel, the (U't^tination of which is tlie carrying of ])rovi8ions to the colonies of the com])any, will be occupied at the same time in scientific researches in the regions towardVhich she directs her course. In consequence, the undersigned has the honor to beg His Excellency Sir Bagot, ambassador extraordinary and plenipotentiary of His IJritannic Majesty, to have the kindness to transmit, for the use of Lieutenant Tchistiakoff, a certificate which, specifying the obio(^t of the oxjiedition, should request, in favor of the commander and crew, a lidspitalilc icccjitiun, and, if they should find themselves in a position to need it, eftV'ctivc a>.-i>t;iii(c on the part of the British authorities. The undersigned would lie ]ilcascd to recognize, in the fa\ old luariners in the discovery of islands and coasts of America. Their etforts and successes, even their losses and dangers when settling in places hitherto unknown, and where they first extracted the riches of Nature for the benefit of all civilized mankind, have undoubtedly given us the right of obtaining advantages ccmimensurate with them, and the Ministry of His Majesty will, neither during the present negotiations, nor yet at any other time, lose sight of them. But while endeavouring to protect interests laboriously established, and even secure new advantages by all allowable means, it must not ])e forgotten that there may exist other most important necessities and interests of State w^hich impose very grave duties on the Government, To you. Sir, as a man acquainted with every branch of the science of government, I consider it superfluous to explain that the greater or smaller utility of desirable acquisitions cannot serve as a guide in political negotiations. What the Ministry of His Imperial Majesty will tenaciously follow is the principle of rlgJit^ and there where it cannot with accuracy lie recognized or defended without inordinate sacrifices in its entirety, it is necessary to take into consideration not only the degree of nmtiial demands, l)ut also the degree of possibility of attaining the ol)jects of the same without any dangerous strain of strength. RELATING TO TREATY OF 1825. 167 Without this it is impossible to expect success in negotiations, and these rules have served as guides for the Plenipotentiaries appointed by His Imperial Majest}^ for negotiating respecting the affairs of the Russian- American Company. By rights of first discovery, and by that which is still more real, the first establishment of habitations and human activity, our Cabinet demands possession both of the islands and the western coast of America from the furthest north to the 5.5th degree of latitude; but Great Britain, on her part, represents the rights of the Hudson's Bay Company, whose trading posts or refuges, penetrating further and further into the interior of the lands, have nearly reached the north-western coast, on about the same parallel. The bases of these mutual pretensions are similar in character; at the same time it nmst be foreseen that out of the misunderstandings now arising disagreeable consequences ma^^ in time ensue, and prudence demands that the interests of both parties should be quickl}^ reconciled. For this onl}^ one expedient presents itself: to establish at some dis- tance from the coast a frontier-line which shall not be infringed by our estal)lishments and trappers, as also by the hunters of the Hud- son's Bay Compan3\ The Plenipotentiaries on both sides equally rec- ognized the necessity of this measure; but the width of the coast-line necessarv for the safe existence and consolidation of our Colonies, the direction of the frontiei-, and even its starting point on the Continent of America, still form subjects of negotiation, and the British Ambas- sador has declared that for continuing them he must seek new instruc- tions from his Court. I shall not repeat that in these negotiations with England we took, and will continue to take, into equal consideration on the one side the requirements and interests of the establishments of the Russian- American Company, and, on the other, the degree of its rights of possession in the interior of the Continent of America, and the measure of the methods for firmly securing to the Company the possession of these territories. As 1 have said above, for the peaceful existence of our Colonies more than all is it necessarv to determine with accuracy the frontier, the extent of the country between the coast, and this frontier must be sufficient and be in correspondence with the condition to what these establishments will, in all proba])ility, in time attain, and l)y their means of own defence. Here, gracious Sir, you will allow me to observe that to extend our pretensions to the interior of the Continent of America to the middle of the Rocky Mountains, we have neither the right nor the possibility; such pretensions may merely be the cause not only of disputes, but also of other most disagreeable events: and, as it would appear to me, there is no visible advantage in this fictitious extension "of our confines. Independent of the circumstance that the land in those places is almost sterile, affords no corn-ffelds, which, in the opinion of your high Excellency, are necessary for a Colony, is hardh^ able to produce good food-products, and that the principal pursuit of our settlers con- sists in the capture of marine and not land animals, it is necessary to bear in mind that in accordance with contemplated plans these Settle- ments, after the line of frontier has been ffxed, will acquire recognized and undisputed possession of a considerably extensive zone of countr}', and, moreover, that when there are no disputes respecting lioundaries the neighbourhood of civilized people, far from being harmful, is 168 DIPLOMATIC CORRESPONDENCE advantag-eous to a Colony, as, in ease of necessity, new means of obtaining food supplies are established. How can it be supposed that, owing solely to such propinquity, we shall be obliged, abandoning the islands and coast occupied by us, to retire to the 00th degreed Such were the Emperor's own comments on the perusal of your high Excellency's despatch; one place in par- ticular attracted the attention of His Majesty: it was that in which you, gracious Sir, asserted that, in consequence of the demands of "England. Russia will be obliged to surrender to the former many natives of America who have been converted by us to Christianity. To lose subjects who have voluntarily subjected themselves to his sceptre, and are sons of the Russian Church, would, of course, always be regretted by our noble-minded Monarch; but, according to all the information I have gathered, it appears that neither along the coast, below 55 degrees, nor yet in the interior of the country at a great dis- tance from the sea, are there any Settlements of the Company, nor any natives professing the Russo-Greek faith; at the same time our appre- hended retirement to the north is, I venture to opine, not very probable. Having thus denoted (as far as the secrecy necessary in diplomatic negotiations permitted) the present position of our negotiations with England, I hasten to inform your high Excellency and the whole Board of Management of the Company that the other negotiation concerning its atiairs witli the North American Republic has been brought to a conclusion, and with the success desired. The Convention concluded on the 5th April, 1S-J4. and herein inclosed in copy for your informa- tion, contains the ratified conditions mutually consented to, and these are, in my opinion, reciprocally and completely satisfactory. In Article HI the United States recognize the sovereign power of Russia over the western coast of America, from the Polar Seas to 54^ 40' of north latitude; while we, on our part, promise not to fouii^ Settle- ments below this parallel, as a matter of course only in those places and without extending this provision to the Colony of Ross, far distant to the south. By Article II the States l)ind themselves not to allow their citizens and subjects to land at Russian Colonies without the distinct permis- sion of the local authorities. Article I provides that Americans will not sell to the wild natives of the region belonging to us either strong- liquors, so baneful to those ignorant people, or, which is of still greater importance, weapons of any kind. In this manner, after fif- teen years of long-protracted and fruitless endeavours, having now happily attained the object of a dithcult negotiation, we have for ever removed the chief cause of those disorders, quarrels, and bloodshed w^hich have hitherto prevailed in that region, I would go further, and say that l)y this, perhaps, the first solid foundation has been laid to the peaceful existence of our Colonies. In Article IV we allow the American States, though for no longer than ten years, to trade and fish in places within our dominions; to this proviso, so advantageous to them, our Cabinet was obliged to con- sent on two considerations of equal cogency. Firstly, because the Government of the North American Repuldic — not without founda- tion — demanded renuuieration for the very considerable advantage afforded us under other stipulations of the Convention, especially by the conditions of Article V. Secondly, because the Aniericans have already for many years past carried on this trade and fishing, which kelatinjci to trp^aty of 1825. 169 the Compai\y to the present time cannot find means to oppose; and, of course, it is more reprehensible for the Company to allow them to l)enefit hy these pursuits as the}" have hitherto done by, as it were, a natural and an indefeasible right, than that they should carry them on by permission granted them by us in a solemn Convention, as through this the Americans as solemnly recognize that after the expiration of the few prescribed years we shall have the legal right to prohibit both trade and lishing in this region. His Majesty the Emperor deigned to approve all the stipulations of the Convention, in which, so far as possible, are reconciled the demands and interests of both Contracting Parties. Having carefully examined this instrument, we have almost come to the conclusion that by means of it our Colonies are the greater gainers. It is in a certain sense the commencement of their political existence and safety, inasmuch as now, for the first time, are determined their relations to foreign States. The importance of this is evident, and the members of the Russian- American Company will undoul)tedly appreciate in the fullest measure this new great benefaction of their august Patron, who so indefati- gably labours for their good by protecting the rights of his beloved Kussian subjects not only with all the might of our Empire, but by, perhaps, for him more precious power, that of respect and confidence which the undeviating course of his policy serves to instil into all Governments and nations of the civilized world. I have the honour to be, with perfect respect and similar devotion, your high Excellencys obedient servant. The original is signed by — Count Nesselrode. April 11. 1824. Count Kemdrode to Count Licven. di^l^ Saint-Petersbourg, le oi 17 Ar,'it, lS2If.. M. LE Comte: Par mes depeches du IT de ce mois, j'ai fait connoitre a votre Excellence les resultats pen satisfesans de nos negociations avec Sir Charles Bagot, relatives aux frontieres qui doivent separer les possessions Russes des possessions Angloises par la cote nord ouest de TAmerique. Aujourd'hui, M. le Comte, je vous developperai les motifs qui ne nous out pas permis d'accepter les propositions de TAmbassadeur d'Angle- terre. Pour ne pas entrer sans necessite dans de trop longs details, je me bornerai a discuter ici le point de la question sur lequel nous n'avons pu tomber d'accord. L'oukase du ■! (16) septembre 1821 avoit porte jusqu'au 51- de lati- tude septentrionale les limites des domaines de la Russie sur la cote nord-ouest du continent americain. Cependant TEmpereur s'etant convaincu que presqu'a la meme epoque la Compagnie Angloise de la Bale d' Hudson avoit forme des etablissemens par les 53^ et .54:'^ de lati- tude septentrionale, et que ces etablissemens n'etoient meme plus tres eloignes de la cote, nous autorisa a donner, des Touverture des nego- ciations, une preuve de ses intentions conciliantes, en declarant a Sir Charles Bagot que nous nous tiendrions aux limites assignees a nos 170 DIPLOMATIC CORRESPONDENCE possessions siniericaines par hi charte de rEmpereur Paul, qu'en con- sequence la lio-ne du oS*" degre de latitude septentrionale constitueroit au niidi la f rontiere des Etats de Sa Majeste Iniperiale, que sur le con- tinent et vers I'est, cette f rontiere pourroit couvir le long- des niontag-nes qui suivent les sinuosites de la cote jusqu'au Mont Elie, et que de ce point jusqu'a la Mer Glaciale nous lixerions les bornes des possessions vespectives d'apres la ligne du 140*' degre de longitude ouest meridien de Greenwich. Atin de ne pas couper Tile du Prince de Galles, qui selon cet arrange- ment devoit rester a la Russie, nous proposions de porter la t'rontiere meridionale de nos douiaines au 54^^ 40' de latitude et de la faire aboutir sur le Continent au Portland Canal, dont Tembouchure dans I'Ocean est a la hauteur de Tile du Prince de Galles et Porigine dans les terres entre le -bb"^ et 56"" de latitude. Cette proposition ne nous assuroit qu'une etroite lisiere sur la cote merae, et elle laissoit aux Eta])lissemens Anglois tout I'espace neces- saire pour se multiplier et sV'tendre. Vous verrez, M. le Comte, par les pieces ci-jointes, qu'en outre nous annoncions Touverture du port de Novo-Archangelsk et que nous pro- mettions la libre navagation des tleuves qui se trouveroient sur notre territoire. Apres quelques discussions, les dernieres contre-propositions de Sir Charles Bagot f urent de comprendre toute Tile du Prince de Galles dans les possessions de la Russie, mais de stipuler que notre t'rontiere suivroit de cette ile la passe dite Duke of Clarence's Sound, et qu'elle n'abouti- roit a la cote qu'au-dessus du 56^ de latitude septentrionale. [Cette difference, si on la considere sur la Carte, paroit insignitiante au premier coup dVeil; elle est neanmoins si essentielle pour nous, qu'il nous est absolument impossible d' adherer au plan de demarcation trace par le Plenipotentiaire de Sa Majeste Britannique.] Nous lui avons expose, dans notre reponse a sa seconde notre verbale et dans notre replique du 18 Mars, des considerations que nous ne pouvons perdre de rue et qui nous semblent decisives. L'Empereur vous charge, M. le Comte, cFinviter le Cabinet de St. James a les peser avec la plus nnlre attention, et Sa Majeste se ffajte qu'a la suite d'an examen impartial il s'empressera lui-meme de reconnoitre combien nos raisons sont graves et legitimes. En premier lieu, aucun Etat n'a reclame contre la Charte de I'Empe- reur Paul, et ce silence universel pent et doit etre envisage comme une reconnaissance de nos droits. On nous ol)jecte que nous n'avons pas forme d'Etablissement sta})les sur la cote nord-ouest au dessous du .57'- de latitude. Cela est vrai, mais dans la saison de la chasse et de la peche la cote et les eaux avoisinantes sont exploitees par notre Compagnie Americaine bien au dela du 5.5'^ et du 54"^ parallele. Ce genre d'occupation est le seul dont ces parages soient su.sceptibles, ou du moins le seul qui soit necessaire lorsqu'un peu plus au nord on a fonde et organise des Colonies. Nous sonnnes done pleinement en droit dMnsister sur la continuation d'un benefice (jue notre commerce s'est assure des Fannee 1799. tandis que les Compagnies Angloises de la Bale d'Hudson et du Noi-d-Ouest ont a peine att(Mnt depuis trois ans le voisinage de ces latitudes, tandis qu'elles n'occupent encore aucun point ({ui louche Ti Focean, et quMl est notoire que c'est pour Tavenir seulement qu'elles cherchent a s'y menager les protits de la chasse et de la peche. Ainsi nous voulons EELATING TO TREATY OF ]825. l7l C(nistrrei\ et les Compag-nies Aiig-loises veulent (ie<»elroi the mountains nearest the sea to Mount Elias, and thenr-e along the one hundred and thirty-ninth degree of longitude to the Polar Sea. I inclose the draft of a projet of convention founded upon these principles, which your excellency is authorized to sign previously to your quitting St. Petersluirg. The advantages conceded to Russia by the line of demarcation, traced out in this convention, are so obvious, as to render it quite impossible that any objection can reasonably l^e offered on the part of the Russian Government to any of the stipulations in our favor. There are two points which are left to be settled l)y your excellency: j 1. In lixing the course of the eastern boundary of the strip of land ;. to be occupied by Russia on the coast, the seaward base of the moun- i tains is assumed as that limit; but we have experience that other moun- ; tains on the other side of the American continent, which have been \ assumed in former treaties as lines of l)Oundary. are incorrectly laid down in the maps; and this inaccuracy has given rise to very trouble- some discussions. It is therefore necessary that some other security should \)Q taken that the line of demarcation to be draAvn parallel with the coast, as far as Mount St. Elias. is not carried too far inland. This is done hx a proviso that that line should in no case (i. e., not in that of the mountains, which appear by the map almost to border the coast, turning out to be far removed from it) be carried further to the east than a specified numl)er of leagues from the sea. The utmost extent which His Majesty's Government would be disposed to concede would be a distance of li) leagues; but it would he desirable if your excellencv were enabled to ol)tain a still more narrow limitation. 182 DIPLOMATIC CORRESPONDENCE '2. Article 5 of the •"Projet" is copied from Article IV of the con- vention between Kussia and the Ignited States of America. By the American Article the right of visiting- respectively and resorting to each other's possessions is limited to ten j-ears. This limitation is left in blank in the ''Projet.'" We should have no objection to agree to the Article without any limitation of time. We should prefer a longer period (say twenty years) to that stipulated by the Americans. Your excellency will obtain either of these extensions if you can, l)ut you nuist not agree to a shorter term than ten years. Your excellency will be careful to make it understood that this limi- tation of time can not in any case extend to the use by Great Britain of the harbor of New Archangel, still less of the rivers, creeks, etc., on the continent, the use of all which is in the nature of a compensation for the perpetual right of territory granted to Pussia. and, therefore, must be alike perpetual. If your excellency shall, as 1 can not doubt, conclude and sign this convention before your departure, you w^ill make it a point to bring with you the ratification of the Pussian (irovernment to be exchanged W Count Lieven against that of His Majesty. 1 have, etc., George Canning. [Inelosure.] Draft Convention. Sa Majeste le Eoi du Eoyaume-Uni de la Grand Bretagne et de I'Irlande, et Sa Majeste-rEiiipereur deToutes les? Ru8sies, d^sirant re.s?errer les liens d'amitie et de bonne intelligence qui les unissent, mo- yennant un accord qui regleroit, sur le principe d'une convenance recii^rociue, differens points relatifs au eommene, u la navigation, et aux peeheries de leurs sujets sur 1' Oct an Pacitique, ainsi que les liraites de leurs possessions et etablisse- mens sur la cote nord-ouest de I'Anieri- que; leurs dites Majestes ont nonniu' des Plenipotentiares pour conclure une Con- vention a cet effet, savoir: Sa Majeste le Roi du Royaume-rni de la Grande- Bretagne et de I'Irlande. etc, &c., &c.; Et Sa Majeste I'Empereur deToutes les Russies, &c., &c., &(•. ; Lesquels, apres s'eti'e reciproquement communiques leurs i>leins pouvoirs res- pectifs, trouves en bonne et due forme, sont convenus des Articles suivans: Article I. II est convenn entre les Ilautes Parties Contraetantes (|ue leurs sujets respectifs navigueront librenient dans toute I'eten- due de I'Ocean Pacitique, y comprise la Mer au dedans du Detroit dit de Bt'hring, et ne seront point troubles ni molestes en exeryant leur commerce et leurs pec-he- His Majesty the King of the United Kingdom of Great Britain and Ireland, and His ^Majesty the Emperor of All the Rus- sias, being (U'sirons of drawing still closer the ties of friendship and good under- standing which unite them, by means of an Agreement which shall settle, upon the basis of reciprocal convenience, the different points connected with the com- merce, navigation, and fisheries of their sulijects on the Pacific Ocean, as well as tlie limits of their possessions and estab- lishments on the north-west coast of America; their said ^lajesties have named their Plenip( itentiaries to ci include a Con- vention for this jiurpdse, that is to say: His Majesty the King of the United Kingdom of Great Britain and Ireland, &c., &c., &c.; And His Majesty the Emperor of All the Russias, &c., &c., &c. ; Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles: Article I. It is agreed between the High Contract- ing Parties that their respective subjects shall enjoy the right of free navigation along the whole extent of the Pacific Ocean, comprehending the sea within Behring's Straits, and' shall neither be troubled nor molested in carrying on RELATING TO TREATY OF 1825. 183 ries, dans toutes les parties de r;mtre ne pourront y aborder, sans la |MMinis,-^i(jn du Commandant ou autre preposc de cet endroit, a moins qu'ils n'y seront forces par temjietes ou quelque autre accident. 2. (^ue la dite libertf' de coiniuerce ne comprendra point celui des liqueurs spiri- tueuses, ni des armes a feu, des amies blanches, de la poudre a canon, oud'autres especes de munitions de guerre. Tons lesquels articles les deux Puissances s'en- gagent reciproquement de ne point laisser vendre ni transferer, en manierequelcon- que, aux indigenes de ces pays. Article YI. Dorenavant il ne pourra etre formi' i)ar les sujets Britanniques aucun etal)lis- sement, ni sur les cotes ni sur la lisicre du continent comprises dans les limites des possessions Ru.sses designees par 1' Article II; et de ineme, il n'en pourra pas etre forme aucun par des sujets Rus- ses hors des dites limites. Article YII. Les vaisseaux Britanniques et Russes navigant dans ces mers, qui seront forct's par des tempetes, ou par quelque autre accident, a se refugier dans les ports res- pectifs, pourront s'y radouber e s'y pour- voir de toutes choses necessaires", et se remettre en mer librement, sans payer aucun droit liors ceux de port et des fanaux, qui n'exct'deront ]ias ce que pay- ent les navires indigenes. A moins que le patron d'un tel navire ne se trouveroit dans la ii('ces,rocally engaging not to permit the above-men- tioned articles to be sold or transferred, in any matter whatever, to the natives of the countrv. Artici VI. No establishment shall, in futui-e, be formed by British subjects, either upon the coast or upon the borders of the con- tinent comprised within the limits of the Russian possessions designated in Article II; and, in like manner, no such estab- lishments shall l)e formed by Russian sul)jects beyond the said limits. Article VII. Such British and Russian ves.sels navi- gating these seas, as may be compelled l)y stress of weather, or by any other ac- cident, to take shelter in the respective ports, shall be at liberty to refit therein, to provide themselves with all necessary stores, and to put to sea again, without the payment of any duties excepi port and lighthouse dues not exceeding those paid by national vessels. In case, how- ever, the master of such ship should be obligeil to dispose of .some of his mer- chandize in order to defray his expenses, he shall conform himself to the Regula- tions and Tariffs of the place where he mav have landed. RELATING TO TREATY OF 1825. 185 Article VIII. Article VIII. Dans tous les cas de plaintepar rapport In every case of complaint on account A 1' infraction des Articles du present of an infraction of the Articles of the accord, les ofhciers et employes de part present Convention, the officers employed et d'autre, sans se perniettre au prealable on either side, without previously engag- aucune violence ni voye de fait, seront ing themselves in any violent or forcible tenus de rendre un rajjport exact de measures, shall make an exact and cir- 1' affaire et de ses circonstances, aux cumstantial report of the matter to their Cours respectives, lesquelles la termine- respective Courts, who will arrange the ront selon la justice et A I'amialjle. same, according to justice, in a friendly manner. Article IX. Article IX. La presente Convention sera ratitiee. The present Convention shall be rati- et les ratifications en seront echangtes li tied, and the ratifications shall be ex- dans I'espace de mois, ou changed at — — ■ — • within the space of plutot si faire se pent. months, or sooner, if possible. En foi de quoi les Plenipotentiaires In witness whereof, the respective Pleni- respectifs font signee, et y ont appose le potentiaries have signed the same, and cashet de leurs amies. haveafiixed thereto thesealsoftheirarms. Fait a le I'an de Grace Done at the dav of , 1824. in the vear of Our Lord 1824.' Count Lieceii to Count J\'essebrjde. ■ /\A. ^ LoxDRES, /r 7-i 35 JuWet, 182 J^. (Received Aug-. 7/19.) ' Monsieur le Compte: Par nui depeche de 20 Mai /I Juin, No. 96, j'avais rhonneiir d'inf oriiier Votre Excellence de Fexpedition prochaine a Sir Charles Bagot, de nouvelles instructions pour la conclusion detini- tive de la Convention qui doit reg-ler Tetat de nos frontieres en Amei'ique. J'ai aujourd'hui la satisfaction de Vous annoncer, Monsieur le Comte, que Mr. Canning- va proliter du depart de Mr. Ward, pour transmettre a rAmbassadeur Britannique Tautorisation de signer cet acte. Le Secretaire d'Etat a meme ete plus loin. II a dresse d'avance un projet de Convention dont il m'a permis de prendre lecture. Dans ce projet. dont le plan est en g-rande partie base sur la Conven- tion deja conclue sur le meme objet entre le Cabinet Imperial et celui de Washington, j'ai remarque avec plaisir que le Gouvernement Anglais renon^-ait entierement a la pretention qu'il avait emise en dernier lieu, rehitiveraent a la tixation d'un degre de longitude plus occidental que la limite designee par notre Cour, a partirdu Mont Elie, etqu'il admet aujourd'hui sans restriction, que cette limite sera formee par une ligne de prolongation tracee vers le nord.en suivant la direction due 139eme degre de longitude. Quant a frontere des possessions respectives au sud du Mont Elie, c'est le long de la T)ase des montagnes qui suivent les sinuosites du rivage, que Mr. Canning la fait courir. J'ai cru devoir lui representer cpie lorsqu'on fait servir une chame de montagnes Ti la fixation d'une limite quelconque, c'est toujours la chue de ces montagnes (pii forme la ligne de demarcation; et qu'en cette circonstance, le mot de hase^ par le sens indetini qu'il presente, et le plus ou moins d'extension qu'on pent lui donner, ne me paraissalt pas propre ti mettre la delimitation dont il s'agit a Tabri de toute contestation. Du reste, Monsieur le Comte, tout ce qui regarde les droits de navi- gation reciproques des deux puissances dans ces parages m'a sem])k^ 186 DIPLOMATIC CORRESPONDENCE conipletenient criiccord aveo ee (jui a deja ete veg\e entre notre Cour et les Etats-Unis. Mr. Canning- a seulenient ajoute la condition de la libre entree des vaisseaux anglai.s dans Mer Glaciale par le Detroit de Behring-. J'ai objeote au Secretaire d'Etat ([ue cette clause, entiere- nient nouvelle, est, par sa nature, etrangere a Tobjet special de la negociation. et que les ternies genei'aux dans lesquels elle est yoncue feront peut-etre hesiter le Gouvernenient Imperial a Tadmettre sans en moditier Tenonce actuel, pour ne point exposer les cotes de ses posses- sions asiatiques aux inconv^eniens qui pourraient naitre de la visite des batimens etrangers. Mr. Canning m'a repondu que deux motifs I'avaient engage a en faire mention: 1", Atin que les expeditions diri- gees vers le pole puissent obtenir ime issue libre de la Mer Glaciale a la Pacifique, si jamais le passage, objet de tant de recherches, venait a etre entin decouvert, et ii", pour que la Russie ne puisse, dans la suite des temps, se prevaloir de la possession des deux rives ([ui forment le Detroit de Behring, pour en defendre Tentree, connne ont fait autrefois les Danois au Sund, et aujourd'hui les Turcs aux Dardanelles. Telles sont. Monsieur le Comte, les explications qui ont eu lieu a ce sujet entre le Secretaire d'Etat et nioi: et Mr. Canning ayant pris en consideration les objections qu'une lecture rapide du projet de conven- tion m^a suggerees, il m'a promis de mettre Sir Ch. Bagot a meme de satisfaire entierement notre Cour. pour le cas ou elle jugerait a propos de reproduire mes arguments. J'ai I'honneur, etc. m [Translation.] Count Lieven to Count J^e-^^srl mde. London, July IS {2o). lS2Jf. (Received Aug. 7/19.) Count: In m}- dispatch of May 2(>-June 1, No. 96, I had the honor to notify your exce]lenc3"of the approaching sending to Sir Ch. Bagot of new instructions for the definitive conclusion of the convention which is to settle the status of our frontiers in America. I have now the satisfaction of informing you. Monsieur le Comte, that J\Ir. Canning- is going- to take advantage of the departure of Mr. Ward to transmit to the British embassador the authority to sign that act. The Secre- tary of State has even gone further. He has drawn up beforehand a draft of a convention, which he has permitted me to read. In this draft, the plan of which is. in great measure, based upon the convention already concluded, upon the same sul)ject, between the imperial cabinet and that of Washington, I noticed with pleasure that the English Government entirely renounced the demand which it had made recently with regard to fixing upon a degree of longitude farther to the west than the boundary designated by our court, beginning at Mount Elias. and that it now agrees, without reservation, that that boundary shall l)e formed l)y a line of prolongation drawn toward the north, following the direction of the 131>th degree of longitude. As regards the frontier of the respective possessions to the south of Mount Elias, Mr. Canning makes it run along the ])ase of the moun- tains which follow the sinuosities of the coast. 1 thought it my duty to represent to him that when a chain of mountains is made to serve for the establishment of anv houndarv Avhatever. it is alwavs the crest EELATING TO TREATY OF 1825. 187 of those mountain!-; that forms the line of demarcation; and that, in this case, the word '' base,'' from the vague meaning attached to it, and the greater or less extension which may be gi^'en to it, did not appear to me adapted to protecting the delimitation in question from all controvers}^ As to the rest. Monsieur le Comte, all that relates to the nuitual rights of navigation of the two powers in those waters appeared to me to be in perfect agreement with what has alread\" l)een arranged between our court and the United States. Mr. Canning only added the condition that free entrance shall be allowed to English vessels into the Arctic Ocean through Bering Strait. I objected to the Sec- retary of State that this clause, which is an entirely new one, is, from its nature, foreign to the special sul)ject of the negotiations, and that the general terms in which it is couched will perhaps cause the Impe- rial Government to hesitate to accept it without amending its present language, in order not to expose the coasts of its Asiatic possessions to the inconveniences which might arise from the visits of foreign vessels. Mr. Canning replied that he had been induced to mention it for two reasons: First, in order that expeditions sent toward the Pole may obtain a free passage from the Arctic Ocean to the Pacific, if the pas- sage which has been the object of so many explorations should ever be discovered; and second, in order that Russia may not, in the course of time, take advantage of their possession of both coasts forming Bering Strait to prohibit [foreign vessels] from entering it, a*s was formerly done by the Danes in the Sound, and as is now done by the Turks in the Dardanelles. Such, ]\lonsieur le Comte, are the explanations which took place on this subject between the Secretary of State and myself; and Mr. Can- ning, after considering the objections which a rapid reading of the draft of convention suggested to me, promised me that he would enable Sir Charles Bagot to satisfy our court completely, in case it should think proper to reproduce my arguments. I have the honor, etc. J//'. G. Canning to Sir C. Bagot . Pji^ < No. 29.] Foreign Office, Ji/bj ^4, IS^. Sir: The "Projet" of a convention which is inclosed in my No. 26 having been communicated by me to Count Lieven, with a request that his excellency would note any points in it upon which he conceived any ditticultv likely to arise, or any explanation to be necessary, I have received from his excellency the memorandum a copy of which is here- with inclosed. Your excellency will observe that there are but two points which have struck Count Lieven as susceptible of any question. The first, the assumption of the base of the mountains instead of the summit as the line of boundary; the second, the extension of the right of the navigation of the Pacific to the sea beyond Behring's Straits. As to the first, no great inconvenience can arise from your excellency (if pressed for that alteration) consenting to substitute the summit of the mountains instead of the seaward base, provided always that the stipulation as to the extreme distance from the coast to which the lisiere 188 DIPLOMATIC CORRESPONDENCE is in any case to run, be adopted (whicli distance I have to repeat to your excellenc}^ should be made as short as possible), and provided a stipulation be added that no forts shall be established or fortifications erected by either party on the summit or in the passes of the mountains. As to the second point, it is perhaps, as Count Lieven remarks, new. But it is to be remarked, in return, that the circumstances under which this additional security is required will be new also. By the territorial demarcarion ao-reed to in this '"Projet," Russia will become possessed, in acknowledo-ed sovereignty of l)oth sides, of Berino-'s Straits. The power which could think of making the Pacific a mare clausum may not unnaturally he supposed capable of a disposition to apply the same character to a strait comprehended l^etween two shores of which it becomes the undisputed owner; but the shutting up of Bering's Straits, or the power to shut them up hereafter, would be a thing not to be tolerated by England. Nor could we submit to be excluded, either positively or construct- ively, from a sea in which the skill and science of our seamen have been and'are still employed in enterprises interesting not to this country alone, but to the whole civilized world. The protection given by the convention to the American coasts of each power may (if it is thought necessary) l)e extended in terms to the coasts of the Russian Asiatic territory; but in some way or other, if not in the form now prescril)ed, the free navigation of Bering Straits iind of the seas beyond them must be secured to us. These being the only questions suggested ])v Count Lieven. I trust I may anticipate with conticlence the conclusion and signature of the con- vention nearly in conformity to the "projet''' and with little trouble to your excellency. The long delav of the ship makes it peculiarly satisfactory to me to have reduced your excellency's task in this matter within so small a •compass. lam, etc., George Canning. l'\^ MeiiioraiKluia froiii Count Lievtnr on tlie 2\<>rth- AVt^d Coast Convention. Le Projet de Convention redige par le Cabinet Anglais fait courir la limite des possessions Russes et Anglaises sur la cote nord-ouest d'Amerique au sud du 3[ont Elie; le hnuj de la hase des niontacjnrs (pii svjrent Jes smuos/tes de cette cote. II est a o])serA'er qu'en these generale, lorsqu'une chaine de montagnes sert a fixer une limite quelconque, c'est toujours la cime de ces montagnes qui forme la ligne de demarcation. Dans le cas dont il s'agit ici le mot de />ase par le sens indetini qu'il presente, et le plus ou moins d'extension qu on pent lui donner, ne parait guere propre si mettre la delimitation a I'abri de toutes contestations ulterieures, car il ne serait point impossible, vu le peu de certitude des notions geographicjues que Ton possede encore sur ces parages, que les montagnes designees Y)our limite s'etendissent par une pente insensilile jusqu'aux bords mein(> de la cote. Quant a la clause du meme '' Projet," ayant pour but d'assurer aux Taisseaux Anglais Tentree libre dans la Mer (Jlaciale par le Detroit de Behring, il semble en premier lieu que cete condition, entierement RELATING TO TREATY OF 1825. 189 nouvelle, est par .sa nature etrangere a Tobjet special de la negociation ; et les tertiies generaux dans lesquels elle est con^ue feront peut-etre hesiter le Gouvernenient Imperial a radmettre sans en modifier Tenonce actuel pour ne point exposer les cotes de ses possessions Asiatiques dans la Mer Glaciale aux inconveniens c^ui pourraient naitre de la visite des batimens etrangers. [Translation.] The plan of the agreement drawn up b}' the English cabinet makes the boundary line of the Russian and English possessions on the north- ^ west coast of America, south of Mount Elias, run along the hase of the \ mountahw ivh Ich foUoir the .^Inuositiefi of the coast. It is to be observed-'| that, as a general rule, when a chain of mountains serves to fix any bound- I arv line, it is always the summit of the mountains which constitutes the line of demarcation. In the case now under consideration, the word hase^ because of its indefinite meaning and the greater or less expan- sion that can be given to it, seems hardly of a nature to fix the bound- ary line beyond all further question, for it is certainly not among the impossibilities, in view of the uncertain ideas yet prevalent in regard to the geography of these regions, that mountains chosen for boundary lines should extend, by an imperceptible declivity, to the very edge of the coast. As to the clause of the same "plan" which has for object to insure free entry to English vessels within the Arctic Sea by way of Bering Strait, it would seem in the first place that this condition, entirely new as it is, is by its very nature foreign to the special purpose of the nego- tiation, and the general terms in which it is expressed may perhaps make the Imperial Government hesitate to admit it, unless its present form is modified so as not to expose the coasts of its Asiatic possessions in the Arctic Sea to the difficulties which might arise from the visits of foreign ships. Ml'. Addington to Mr. G. Canning. — {Reeeired Septend)er 8.) ^Tf\ No. 39.] WashincxTON, Augmt 2, 182 J^. . Sir: A convention concluded between this Government and that of Russia for the settlement of the respective claims of the two nations to the intercourse with the north-western coast of America reached the Department of State a few days since. The main points determined by this instrument are, as far as I can collect from the American Secretary of State, (1) the enjoyment of a free and unrestricted intercourse b}^ each nation with all the settle- ments of the other on the north-west coast of America; and (2) a stipulation that no new Settlements shall be formed by Russia, south, or by the United Stat(\s, north, of latitude o-t'-^ 40'. The question of the mare cJausiuii^ the sovereignty over which was asserted by the Emperor of Russia in his celebrated Ukase of 1S21. but virtually, if not expressly, renounced by a subsequent declaration of that Sovereign, has, Mr. Adams assures me, not been touched upon in the above-mentioned Treat3\ Mr. Adams seemed to consider any formal stipulation recording that renunciation as unnecessary and supererogatory. I have, &c. H. U. Addington. h^ 190 DIPLOMATIC CORRESPONDENCE -y/ Sir C. Bagot to Mi'. G. Cannhu/. No. 41. J St. Petersburg. Awjust m^ 1821). (Received Sept. 1>.) Sir: You will certainly learn with consldera])le surprise that, so far from havino- it in my power, as I had confidently hoped that J should have, to liring ^vith me on my return to EnoUmd a treaty signed and ratified ])y the Russian Government, upon the subject of tiie northwest coasts of America, I am already enabled to acquaint you that, after only two meetings with the Russian plenipotentiaries, I have ascertained that it is totally impossil)le to conclude with them any arrangement upon the subject which is at all reconcilable with the "'projet'" trans- mitted to me in your dispatch No. 20 of the 12th of last month, even if I were to take upon myself to exercise, upon several points of it, a discretion which is not given to me by your instructions. To satisfy His Majesty's (xovernment upon this subject, it seems only ni^cessary that I should transmit to you the inclosed copy of a "'contre-projet"' oflered to me by the Imperial plenipotentiaries on the day after our first meeting, viz, on Saturday last, the 21st instant. The differences between this "contre-projet" and the "projet" which I had given in are, in many respects, unimportant, consisting either in unnecessar}^ changes in the expressions, or in the order of the articles, or in other minor points, none of which, as 1 have reason to think, would have been tenaciously adhered to, and of which some might have been safely admitted. But there are three points upon which the difierences appear to be almost, if not altogether, irreconcilable. These points are: 1. As to the o'^Qnmg forever to the commerce of British sul)jects of the port of Novo Archangelsk. 2. As to the libert}^ to be granted to Britisli sul)jects to navigate and trade _/)//v/v/' along the coast of the lisle re which it is proposed to cede to Russia, from the Portland Channel to the sixtieth degree of north latitude, and the islands adjacent. 3. As to the liberty to be given reciprocally to each power to visit for a term of years the other parts of the northwest coasts of America. As to the first of these points, the Russian plenipotentiaries declare that, however disposed they might and probably should be to renew this liberty to His Majesty's subjects at the expiration of ten years, they can under no circumstances consent to divest themselves forever of a discretionary power in this respect l)v granting such a privilege in perpetuity. Upon this point 1 reminded the plenipotentiaries that the freedom of the port of Novo Archangelsk was originally oflered to (ireat Britain by themselves, unsolicitecland unsuggested l\y me, in the first "contre- projet" which they gave to me in our former conferences: that the same ofier had been repeated by Count Nesselrode in his dispatch to Count Lieven of the 5th April last, and that upon neither occasion had it been accompanied by an3' restriction as to any period of time. It is admitted to me that no period of time was specified upon those occa- sions, but that it was never intended to declare that the freedom should be perpetual, and that they could never be induced to grant it upon such terms. As to the second point: The Russian plenipotentiaries declare that they are ready to grant to His Majesty's subjects for ten years, but for RELATING TO TREATY OF 1825. 19 i no longer period, the liberty to navigate and trade along the coast of the lisiere proposed to l)e ceded to Russia, from the Porthmd C'haniiel to the sixtieth degree of north latitude, and the islands adjacent, and that they are ready to grant foi'crtr the right of ingress and egress into and from whatever rivers may How from the American continent .and fall into the Pacific Ocean within the above-described lisiere, but that they can, under no circumstances and by no supposed corre- spondent advantages. ))e induced to grant to any power the privilege to navigate and trade in perpetuity within a country the full sovereignty of which was to lielong to Russia: that such perpetual concession was repugnant to all national feeling and was inconsistent with the very idea of sovereignty. As regards the third ])oint, the Russian plenipotentiaries declared that the coasts of North America extending from the sixtieth degree of North latitude to Bering Straits, the liberty to visit which, under certain conditions, is stipulated in the '"projet''' by Great Britain, in return for a similar liberty to be given, under the same conditions, to Russian subjects to visit the North American coasts belonging to His Majesty, are and have always been the absolute and undisputed terri- tory of His Imperial Majesty, and that it is not the intention of His Imperial ^Majesty to grant to any power whatever for any period of time the liberty which is required. These are the three principal points upon which I was yesterday dis- tinctly given to understand that the Russian Government would con- sider it their duty to insist, and consequently that, unless my instruc- tions should enable me to modif}- the " projet"" so far as regarded them, the negotiations must be considered as at an end. It is, I believe, scarcely necessary that, after having stated this, I should trou])le you with any further observations upon the subject. The other differences wliich exist between the ''projef and the '•contre-projet,'' though numerous, are, as I have said before, of minor importance, and such as would, 1 thiidv, have been easily adjusted. What they are will be best shown by the "contre-projef inclosed. I hope that His Majesty's Government will give me credit for not having too hastily supposed that the objections urged by the Russian plenipotentiaries were insurmountable. I am, I think, too well acquainted with, and have too long negotiated upon, this subject to have deceived myself in this respect, and I am fully persuaded, from what has passed between Count Nesselrode, M. Poletica, and myself since the arrival of your instructions, that the determination of the Russian Government is now taken rather to leave the question unsettled between the two Governments foi" an}' indefinite time than to recede from theii- pretensions so far as they regard the three points which I have particularh' specified. In closing yesterday the conference, which assured me that all fur- ther chance of negotiation was, for the present at least, terminated, I thought it my duty to remind the Russian plenipotentiaries that the maritime jurisdiction assumed by Russia in the Pacific, which he had hoped to see revoked in the simplest and least unpleasant manner b}' mixing it with a general adjustment of other points, remained, by the breaking off' of our negotiations, still unretracted: and that my Gov- ernment would probably be of opinion that upon that part of the ques- tion some arrangement must be entered into. It may be proper to add that, in reference to the sixth article of the 192 DIPLOMATIC CORTiESPONDENCE "c'ontr(>-pr()jet," I ^'ave the Russian plenipotentiaries distinctly to understand that neither His Majesty's Government nor those of the other maritime powers of the world would, as I thought, be likely to accept the free navigation of Bering- Straits as a concession on the part of Russia. I have, etc., Charles Bac40t. [Inolosiire.] V Counter-Draft of the Russian Plenipotentiaries. Sa Majeste I'Empereur de Toutes les Russies et Sa Majeste le Roi du Royaume-Uni de la Grande Bretajrne et de I'lrlaiide voulant resserrer les lien^ d'amitie et de Ixmne intelligence qui les unissent, mnyeniiaiit un accord qui reglerait, d'apres ie principe des convenances reciproques, les liniites de leurs possessions et Etablisseiuens sur la cote nord-ouest de I'Auierique, ainsi que differens points relatifs au commerce, a la navigation, et aux pecheries de leurs sujets sur 1' Ocean Pacifique, ont nomme des Plenipotentiares pour conclure une Convention a cet effet, savoir, &c., lasquels, appres s'etre communique, &c., ont arrete et signe les Articles suivans: Article I. La ligne de demarcation entre les possessions des deux Hautes Parties Contrac tantes sur la cote nord-ouest de I'Amerique et les iles adjacentes, sera tracee ains qu'il suit: A partir des deux points qui forment I'extremite m^ridionale de I'ile dite du Prince de Galles, laquelle appartiendra tout entiere a la Russie, points situes sous la paral- lele du 54° 40^ de latitude nord, et entre les 131° et 133° de longitude ouest (meridien de Greenwich) la ligne de la frontiere entre les possessions Russes et les possessions Britanniques remontera au nord par la passe, dite le Portland Channel, jusqu'aui point ou cette passe se termine dans I'interieur de la terre ferme au 56° de latitude nord. De ce point, elle suivra cette cote parallelement a ses sinuosites jusqu'au 139° de longitude ouest (mcme mt'ridien) et de la, la frontiere entre les possessions respec- tives sur le Continent A mt'ricaln sera formee par la ligne du susdit degre de longitude dans sa prolongation jusqu'a la mer Glaciale. Article II. La lisiere de la cote nord-ouest appartenante il la Russie depuis le Portland Chan- nel jusqu'au point d' intersection du 139° de longitude ouest (meridien de GreeuAvich) n'aura point en largeur sur le continent plus de 10 lieues marines a partir du bord de la mer. Article III. II est convenu — 1. Que dans les possessions des deux puissances, telles qu'elles sont designees aux articles precedens et nonunement jusqu'a la hauteur du 59° 30^ de latitude nord, mais point au dela, leurs vaisseaux respectifs et ceux de leurs sujets auront pendant dix ans h compter du 5 (17) avril 1824, la faculte reciproque de frequenter librement les golphes, havres, criques, dans les parties des ties et des cotes, qui ne seraient point occupees par des etablissemeiis suit russes, soit britanniques, et d'y faire la. peche et le commerce avec les naturcls du pays. 2. Que partout ou ilyaura un ctalilissciuent de 1' une des hautes puissances con- tractantes, 1cs sujets de I'autre ne pnnnont y abnrder sans la permission du com- mandant on |ir('i)Sitka or Novo-Archangelsk shall be opened during ten years to foreign commerce, and that at the expiration of this period this privilege shall be renewed according to the convenience of Russia. Article IV. No establishment shall, in future, be formed liy the subjects of His Britannic Majesty within the limits of the Ru.ssian posessidus designated in Articles I and IT, and, in the same way, none shall be formed by the subjects of His Majesty the Emperor of all the Russias outside of the said limits. Article V. The high contracting }>arties stipulate further that their respective sul)jects shall freely navigate on all the extent of the Pacilic Ocean, as well in the north as in the south, without any hindrance whatever, and that they shall enjoy the right of fish- ing on the high seas, but that such right shall never be exercised except at the dis- tance of 2 marine leagues from either the British or Russian coasts or possessions. RELATING TO TREATY OV 1825. 195 Article VI. His Majesty the Emperor of all the Russias, wlshmg to give a special proof of his regard for the interests of the subjects of His Britannic Majesty, and to make more effective the success of the enterprises which may result in discovering a passage north of the American continent, consents to extend the freedom of navigation mentioned in the preceding article, under the same conditions, to Bering Strait and the sea lying north of that strait. Article VII. Russian and British ships navigating the Pacific Ocean and the above-mentioned sea, which may be forced through stress of weather or on account of damage to take refuge in the respective ports of the high contracting parties, shall be at liberty to refit therein, pro^4ide themselves with all necessary stores, and put to sea again with- out the payment of any duties except port and light-house dues, which shall be fixed for them at the same amounts as those paid by national vessels. On such occasions the masters of the ships, whether Russian or British, shall be under the necessity of conforming to the laws, ordinances, and tariffs in force in the port where they may have landed. Article VIII. In all cases of complaint as to infractions of the articles of the present agreement, the public officers and functionaries on both sides shall refrain from all violence and forcible measures, and shall render an exact account of the affair and the circum- stances thereof to their respective courts, which shall arrange the matter in a friendly way and according to the principles of mutual justice. Article IX. The present convention shall be ratified and the ratifications shall be exchanged within the period of months, or sooner if possible. In witness whereof the respective plenipotentiaries have signed the same and have affixed thereto the seal of their arms. Done at St. Petersburg, the , 1824. Count Ne-sselrode to Cpunt Lieven. 4/^f^ Penza, Amjust 31, ISU- (Sent Sept. 13, 1825.) Par .sa depeche No. 96, V. E. m'avait tranmis iin office que lui avait adresse Mr. Canning apres avoir discute avec Elle les questions de liniites et de juri diction maritime qu'il s'agissait de resoudre entre la Russie et I'Angleterre sur la cote Nord-Ouest de I'Amerique. Dans cet office Mr. Canning appreciant les dernieres propositions que nous avions faites a Sir Charles Bagot, vous annon^'ait, Mr. le Comte, qu'elles seraient acceptees, sauf quelques nuances et quelc^ues clauses additionnelles qui ne changeraient en rien le fond de notre projet cFari-angement. Ces clauses devaient consister dans la definition plus precise de la lisiere que nous possederions sur le continent Americain, dans la fixa- tion d\m degre de longitude plus occidental, a partir du Mont St. Elie, et dans la libre navigation des lleuves, mers, detroits et anses que com- prendraient les domaines de S. M. 1. Comme nous avions deja declare anterieurement que I'oukase du 1 IG Septembre, 1821, ne s'executerait pas en ce qui concernait Petendue de cent milles en mer dont il interdisait la navigation aux vaisseaux etrangers, que d'une autre part nous nous etions empresses nous- memes, d'otfrir aux sujets de S. M. B. dans nos negociations avec Sir 196 DIPLOMATIC COREESFONDENCE Charles Bao-ot, la liberte de descendre et de vemonter tou.s les tleuve.s qui traverseraient iiotre territoire sur la cote N. O. ; il nous parut que les moditications desirees par Mr. Canning, ne donneraient lieu a aucune difficulte et nous nous flattions qu-aussitot que I'Ambassadeur d'Angle- terre recevrait des instructions definitives, nous pourrions conclure avec lui une transaction eoalement conforme aux droits et aux interets' des deux Puissances. Notre confiance nous semblait d'autant plus fondee que Sir Charles Bagot nous avait d'eclare a plusieurs reprises, et que Mr. Canning repetait dans son office ci-dessus mentionne/' que I'Angleterre se borne- rait a demander pour son commerce dans ces parages, les privileges que la Russie accorderait ou qu'elle aurait accordes a d'autres nations. Ce point devait done, suivant toute probabilite, ctre aussi facile a reg- ler que les autres. Cependant trois mois s'ecoulerent sans que les instructions du Pleni- potentiaire de la Cour de Londres, lui fussent expediees, et lorsqu'elles arriverent entin par rintermediaire de Mr. Ward quelques jours avant notre depart, nous trouvames, a notre grand regret, qu'elles consistaient en un projet de Convention, qui sous plusieurs rapports tres essentiels etaicnt ])ien loin de remplir notre attente. • Vous en avez pris, M. le Corate, une lecture rapide, mais pour que vous puissiez mieux le juger je vous en adresse une copie. J'ai con- signe dans des notes marginales quelques remarques de detail et je me reserve de vous developper dans cette depeche les observations les plus importantes, celles qui regardent des clauses qu'il nous est complete- ment impossible d'admettre. Elles sont au nombre de trois. 1"^. La liberte pour les sujets Anglais de faire la chasse, la peche et le commerce avec les naturels de pays a perpetuite sur toute cette partie de la cote qui forme le sujet de la dis- cussion et qui s'etend du 59' de latitude Nord au 54"^ 40'. S'-*. La liberte pour les sujets Anglais de faire la chasse, la peche et le commerce avec les naturels du pays pendant dix ans sur une autre partie de nos cotes et de nos lies de puis le 59^ de latitude Nord jusqu'au detroit de Behring. S*^. L'ouverture a perpepuite du port de Sitka ou Novo-Archangelsk. ad 1°. Le projet de Convention du Cabinet de Londres ne s'exprime pas avec une precision parfaite sur cet article et ce sont nos explications verbales abec Sir Charles Bagot qui nous ont appris ([ue TAngleterre reclamait le droit de chasse, de peche et de commerce a perpetuite dans cette portion des domaines de la Russie, mais ces explications ont ete si positives qu'elles ne nous ont laisse aucun doute sur les desirs du Cabinet Britannique. Pour savoir si nous n'avions pas lieu d'en etre etonnes et sil nous est possible d\y condescendre, il suffit de relire d\in cote le passage de Toffice de Mr, Canning, que j'ai cite plus haut, et de jeter les yeux de Tautre sur notre Convention avec les Etats-L^nis. Le principal Secretaire d'Etat de S. M. B. Vous a declare officielle- ment et par ecrit que I'Angleterre reclamerait de notre part des privi- leges de commerce seinblables a ceux que nous accorderions a d'autres Puissances. Or les Etats Unis sont la seule Puissance a laquelle nous en ayons jamais accorde et ceux que nous leur avons garantis par la Convention du 5/17 Avril de I'annee courante ne doivent durer que dix ans. « See Note A. EELATING TO TREATY OF 1825. 1V)7 Nou« satisferions done aux deniandes que rAngleterre elle menie nous a ennoncees, en lui g-arantissant pour Ic meme espace de terns, les menies privileges. Comment pourrions-nous d'ailleurs consentir, sous ce rap- port en faveur des sujets Britanniques, n des prerogatives que nous venons de refuser aux sujets Americains. Les sujets Britanniques, nous ne saurions trop le repeter, n'ont jamais pousse ni leurs etalilisse- mens ni leurs operations de commerce jusqu'a la cote N. O. Le temoign- age des cartes les plus recentes publiees en Angleterre revele et demontre ce fait. Si les Compagnies de la Bale d'Hudson et du N. O. approchent de la cote ce n'est que depuis trios ans a peine, tandis que les sujets Americains ont constamment frequente ces parages et ce sont leurs entreprises qui ont fait naitre les discussions que nous travaillons ii terminer. Nous serait-il possible apres cela, quand meme nos interets nous le permettraient, de leur donner pour dix ans ce que nous donne- riens a perpetuite aux sujets Britanni([ues. Nous avons bien voulu supposer que malgre une prise de possession f ormelle, une longue occupation des points principaux. une exploitation paisible des sources de revenu et de ricbesse qifoflrent les contrees dont il s'agit les droits de souverainete de la Russie jusqu'au 51- de latitude Nord pouvaient etre la matiere d'un doute. Nous les avons bornes en consequence au 54"^ 40' et pour quMl ne put s'elever a cet egord aucune reclamation nouvelle, nous avons permis que sur toute Tetendue de cote ou nos droits avaient ete contestes, une des Puis- sances avec laquelle nous etions en litige, partageiit pendant dix ans les benefices de la chasse, de la peche et due commerce avec les indi- genes. Nous offrons les memes avantages a I'Angleterre, mais les accorder a perpetuite, ce serait n'obtenir la reconnaissance de nos titres de souverainete que por en abdiquer I'exercice, ce serait consentir a ne posseder desormais que de nom ce que nous possedons de fait aujourd'hui. Le Ministere Anglais sera frappe de ces considerations, et nous osons croire que des lors il reduira les demandes renfermees dans son projet de Convention touchant les privileges de commerce, aux termes de ses declarations anterieures. Ad. 2. Outre la faculte de faire la chasse, la peche et le commerce a perpetuite sur la partie de la cote N. O. qui nous appartiendrait depuis le 54"^ 40' de latitude Nord jusqu'au 59°, le Cabinet de St. flames selon le sens que Sir Charles Bagot attachait a ses propositions, reclama la meme faculte pour dix ans sur la cote et les lies qui s'etendent du 59- au detroit de Behring, Ici nous citerons encore I'office que Mv. Canning vous a adresse. ]\L le Comte, en date du 29 Mai." 11 y est dit que TAngleterre demanderait le libre usage de tons les iieuves qui traverseraient la Jisiere de cote appartenante jx la Russie, et de toutes les mers, detroits, baies, etc., etc., qui se trouveraient dans ses domaines. " * * Quelques lignes plus bas Toflice du principal Secr«'taire d'Etat ajoute qu'il regarde comme entendu et stipule que la Russie retire toutes les pretensions exclusives qu'elle avait mises en avarit dans Toukase de 1821. relative- ment Ji la navigation et a la juridiction de TOcean Pacifique du Nord. Quand on compare ces deux demandes qui se suivent de si pres et qui sVxpliquent et se complettent pour ainsi dire, I'une par Tautre, il est difficile d;v trouver autre chose que la libre navigation des eaux et des "See Note B. 198 DIPLOMATIC COREESPONDENCE mers qui baigneraient les possessions de la Russie. Or cette liberte, nous nous somraes toujours montres prets 51 la garantir. Des ordres differens de la teneur de Toukase du 4 KI Septem])re 1821, ont ete expedies a nos croisieres des Touverture des pourparlers, et nous nous engagerions volontiers par des stipulations formelles a laisser desor- mais les vaisseaux etrangers naviguersans entraves sur toute I'etendue de rOcean Pacitique Septentrional, en circonscrivant Texercice de nos droits de juridiction maritime a la distance de deux lieues marines de nos etablissemens et de nos cotes jusques et y compris le detroit de Behring, comme le propose le projet de Convention envoye par le Cabinet de St. James, mais quant a la chasse, a la peche et au com- merce avec les naturels du pays nous ne pouvons nous empecher d'etablir une distinction importante. Les titres de souverainete de la Russie sur la cote N. O. lui ont ete disputes a partir du 59^ de lat, N. En consequence depuis ce degre jusqu'a la parallele qui formerait notre limite meridionale, nous nous sommes empresses d'ofirir des avantages particuliers aux Puissances avec lesquelles nous etions en discussion. Nous avons accorde pour dix ans aux Americains le droit de peche de chasse et de commerce avec les naturels du pays et nous souscirons la meme concession en faveur des sujets de S. M. B. mais il doit etre bien entendu que cette concession ne comprendra que Tespace renferme entre le 59^ et la limite meridionale de notre territoire c. a. d. le 54° 40', car au nord du 59° les titres de souverainete de S. M. I. n'ont jamais ete mis en doute, non seulement dans aucun ecrit officiel, mais encore dans aucun des articles que les feuilles d'Angleterre et'd'Amerique ont publies sur cette question. Pour peu qu'on veuille peser une circonstance aussi decisive pretendra-t-onque nousplacions sur la meme ligne les domaines disputes et ceux qui ne le sont pas, que nous nous soumettions pour les uns et les autres aux memes sacrifices que nous excitions les justes alarmes de notre Compagnie Americaine et qu'en ouvrant la chasse la peche et le commerce avec les naturels du pays pour dix ans, nous exposions a une mine totale des establissemens dont le nombre aug- mente de jour en jour dans des contrees qui nous appartiennent a tous les titres, qu'assurent une premiere decouverte, une occupation imme- diate et reelle qui comte pres d'un siecle, et une possession paisible con- tre laquelle aucune Puissance n'a jamais reclame. Certes dans cette partie de ses domaines la Russie a bien le droit de ne prendre pour guide de ses reglemens de commerce que ses propres besoins et ses propres convenances. Elle a 1)ien le droit d\v recueillir librement tous les profits de la chasse et de la peche et sauf a respecter et a observer les principes generaux des lois qui pronoiicent sur les rapports recipro- ques des nations, elle est maitresse d'y adopter toutes les mesures qu'elle juge utiles ou necessaires. C'est ainsi qu'elle ne saurait consentir a y admettre la concurrence des commer(;ans chasseurs ou pecheurs etrangers, mais qu'en interdi- sant le commerce, la chasse et la peche elle n'interdira nullement la navigation et qu'elle bornera Texercice de sa juridiction maritime ;i deux lieues marines de ses cotes et do ses iles. ad 3'". La troisieme clause a laquelle nous ne saurions consentir dans le projet de Convention Britannique, concerne Fouverture a perpetuite du port de Sitka ou Novo-Archangelsk. C''est nous memes qui dans nos negociations avec Sir Charles Bagot avons annoncc que le Port de Sitka serait ouvert aux vaisseaux et au RELATING TO TREATY OF 1825. 199 commerce etraugers. Nou.s persistons dans nos intentions a cet egard mais il nous est impossible de contracter un engagement indetini, de nous lier les mains pour un avenir sans bornes. Nous pourrions garan- tir que le Port de Sitka ne serait pas ferme de dix ans, et au bout de dix ans il est proba])le que nous y laisserions subsister les reglemens que nos y aurions introduits, Aller plus loin serait de notre cote un acte dMmprevoyance. Des conjonctions innatendues pourraient nous forcer a revoquer ou a modifier ces privileges. C'est une latitude que tout Gouvernement doit se reserver en pareille occasion. Nous ne vo,vons pour nous aucune obligation dV renoncer et nous n\y renonce- rions pas sans nous exposer a de graves inconveniens. Nous ne sauri- ons done dans cette circonstance signer de stipulacion j^erpetuelle. Tels sont Mr. le Comte, les trois points du projet de Convention Bri- tannique, que TEmpereur n'a pas trouves adraissibles. Toutes les autres propositions de la Cour de Londres ont ete acceptees et nous avons remis a Sir Charles Bagot le contre projet ci-joint. Ses instruc- tions etaient trop precises pour qu'il put consentir a des modifications. La seule dont il nous ait parle, se recluisait a stipular I'ouverture du Port du Sitka pour vingt ans, terme qui est encore trop long. II ne nous est done reste que la voie des explications directes et nous nous plaisons a esperer qu'elles ne seront pas infructueuses. Notre contre projet reporte nos limites du 51 degre de Lat. N. au 54^ 40'. II laisse aux etablissemens que les Compagnes Anglaises pourront former un jour sur la cote N. O. tout la territoire situe au midi du Portland Channel. II supprime la designation des montagnes pour limites de la lisiere de terre ferme que la Russie possederait sur le continent Americain, et borne la largeur de cette lisiere a dix lieues marines d'apres le desir de I'Angleterre. D'apres son desir encore, il ouvre aux sujets Britanniques la navigation de tous les fleuves qui traverseraient cette lisiere, entin il leur assure des advantages egaux a ceux qu'ont obtenus les sujets des Etats-Unis, et il annulle de fait I'oukase du 1:-16 Septembre, 1821, en declarant d'une part que nous n'exercerons de juridiction maritime qu'ii deux lieues de nos cotes et de nos iles sur toute Tetendue de nos possessions, et en stipulant d\ine autre, qu'aucune entrave ne sera mise ni a la libre navigation de I'Ocean Pacifique, ni memo au libre passage du detroit de Behring. Dans une negociation qui devait avoir pour base le principe des con- venances reciproques nous croyons qu'il etait difficile de respecter plus scrupuleusement toutes celles de I'Angleterre. V. E. aura soin de faire apprecier a Mr. Canning nos vues et notre constante moderation. Elle lui representera avec quel empressment nous avons admis toutes les demandes de la Grande Bretagne qu'il nous etait possible d'admettre, combien nous avons lieu de nous atten dre maintenant a une juste reciprocite, combien notre projet est con- forme aux declarations renfernees dans Toffice du principal Secretaire d'Etat de S. M. B. en date du 29 Mai, et combien il serait utile en adoptant ce contre projet (car nous ne saurions pousser plus loin nos sacrifices), de terminer entre les deux Gouvernemens des discussions toujours tacheuses et dont on etouff'erait jusqu'au dernier germe. V. E. est authorisee a donner lecture et copie de la presente depeche a Mr. Canning, et dans vos entretiens avec ce Ministre vous pourrez, JNIr. le Comte, ajouter I'observation que par notre Traite avec les Etats-Unis en date du j^ Avril, nous n'avons jamais entendu leur accorder le droit de chasse, de peche etde commerce avec les indigenes 200 DIPLOMATIC CORRESPONDEKCE pour dix an.s, que dans eelles de nos possessions que nous avait ete contestecs ou en d'autres termes dans I'espace conipris entre le 54^ 4 to the northward. The extension required is from 131»- to l-tl- west longitude, the latter being the parallel which falls more directly on ^loimt Elias. With regard to" the port of Sitka, or New-Archangel, the offer came originally from Russia, but we are not disposed to object to the restric- tion which she now applies to it. We are content that the port shall be open to us for ten yi^ars, pro- vided only that if any other nation obtains a more extended term the like term shall be extended to us also. We arc content also to assign the period of ten years for the recip- rocal liberty of access and commerce with each other's territories,, which stipulation may be best stated precisely in the terms of article 4: of the American convention. These, 1 think, are the only points -in which alt(Mations are required l»y Russia. And we have no other to propose. A ''projet" such as it will stand according to the observations of this dispatch is inclosed, which you will understand as furnished to you as a guide for the drawing up of the convention, but not as pre- scribing the precise form of words nor fettering your discretion as to any alterations not varying from the substance of these instructions. it will of course strike the Russian plenipotentiaries that by the- adoption of the American article respecting navigation, etc., the pro- vision for an exclusive fishery" of 2 leagues from the coasts of our respective possessions falls to the ground. But the omission is in truth innnaterial. The law of nations assigns the exclusive sovereignty of 1 league to each poAver on its own coasts, without any specific stipulation, and though Sir Charles Bagot was authorized to sign the convention with the specific stipulation of 2 leagues, in ignorance of what had been decided in the American convention, at the time, yet, after that con- vention has been some months before the world, and after the oppor- tunity of consideration has been forced upon us by the act of Russia herself, we can not now consent, in negotiating de novo, to a stipula- tion which, while it is absolutely unimportant to any practical good, would appear to establish a contrast between the United States and us to our disadvantage. Count Nesselrode himself has frankly admitted that it was natuial that we should expect, and reasonable that we should receive, at the hands of Russia, equal measure, in all respects, with theX'nited States of America. It remains only in recapitulation, to remind you of the origin and principles of this whole negotiation. It is not on our part essentially a negotiation about limits. It is a demand of the repeal of an offensive and unjustifiable arroga- tion of exclusive jurisdiction over an ocean of unmeasured extent; but a demand qualified and mitigated in its manner, in order that its justice 212 DIPLOMATIC rORRESPONDENCE may he acknowlodo-cd and tsatistied without soreness or humiliation on the part of Russia. We neg-otiate al^out territory to cover tlie remonstrance upon prin- ciple. Hut any attempt to take undue advantage of this vohnitary facility, we must oppose. If tlie present "projet" is agreeable to Russia, we are ready to conclude and sign the treaty. If the territorial arrangements are not satisfactory, we are ready to postpone them, and to conclude and sign the essential part, that which relates to navigation alone, adding an article stipulating to negotiate :about territorial limits hereafter. But we are not prepared to defer any longer the settlement of that essential part of the question, and if Russia will neither sign the whole <;onvention nor that essential part of it she must not take it amiss that we resort to some mode of recording in the face of the world our pro- test against the pretentions of the ukase of 1821, and of efiectually securing our own interests against the possibility of its future operation. i am, etc., George Canning. 3fj'. S. Canning to Mi\ G. Ccnnhnj. No. IP).] St. Petersburg, Frhniarj/ 1 {l-J), 1825. (Received March 2.) Sir: 1 avail myself of the return of the messenger Meates to inform you that yesterday evening I had my tirst conference with the Russian plenipotentiaries, Count Nesselrode and M. de Poletica. After mutuall}'^ communicating our full powei-s, those of the Russian plenipotentiaries being the same which were exhibited to Sir Charles Pagot, I stated , that the ''projet" which I was prepared to give in, agreeably to your insti'uctions, respecting the differences growing out of the imperial ukase of September, 1821, would be found to contain fresh proofs of the conciliatory spirit in which His Majesty's Govern- ment had directed this negotiation, that it was now time to bring the negotiation, either in one way or another, to its iinal conclusion, and, with this view, His Majesty's ministers, in empowering me to offer a new "projet," had gone at once to the utmost extent of concession, justified by their sense of duty, in order to remove the objections of the Russian Government. On reading the "projet" some difficulties were started and some discussion took place; but 1 hold it unnecessaiy to trouble you with a more particular account of this conference as the Russian plenipo- tentiaries were not then prepared to express any decided opinion a^ to those parts of the ""projet" which do not entii'ely come up to their proposals, and I have expressh' reserved to myself the liberty of recording my explanations in an official shape in the event of their persisting to o})ject to any essential part of its contents. Count Nesselrode said that he hoped to be ready with his answer in the coui'se of a week. The Emperor's being again at Czarskoe-Zelo for two or three da3^s may possibl}^ occasion some delay. I have, etc., Stratford Canning. RELATING TO TREATY OF 1825. 2 IS tontre-jjrojct SHhnilttcd hy Stratford Canning Fchniarij 1 (13)^ 182o.i.-, | v Sa Majeste Ic Roi dii Royaume Uni de la Grande Bretagne et d'Irelande, et Sa Majeste rEmpereur de toutes les Russies desirant resserrer les liens de bonne intellig-ence et d'amitie qui les unissent, an nicn-en d'un accord qui regleroit d'apres les principcs de convenance rt'ciproque, divers i)oint.s relatifs au Connnevce. a la Navigation, et aux Pecheries de leurs Sujets sur FOcean Pacitique, ainsi que les limites de leurs Possessions respectives sur la Cote Nord Guest de I'Amerique, ont nomme des Plenipotentiaires pour conclure une Convention a cet (vtfet; savoir, Sa Majeste le Roi du Royaume Uni de la Grande Bi-etagne et d'Irelande, et Sa Majeste I'Empereur de toutes les Rus- sies lesquels Plenipotentiaires apres s'etro communiques leurs plein pouvoirs respectifs, trouves en bonne et due forme, ont arrete et signe les articles suivants: Article I. II est convenu que dans aucune partie du Grand Ocean, appele com- munement Ocean Pacilic, les Sujets respectifs des Hautes Puissances Contractantes ne seront ni troubles, ni genes, soit dans la Navigation, soit dans Fexploitation de la peche, soit dans la faculte d'aborder aux Cotes sur des points qui ne seroient pas deja occupes, afin d'y faire le Commerce avec les Indigenes, sauf toutefois les restrictions et condi- tions determinees par les Articles qui suivent. Article II. Dan la vue d'empecher que les droits de Navigation et de peche exercees sur le Grand Ocean par les Sujets des Hautes Parties Con- tractantes ne deviennent le pretexte d'un Commerce illicite, il est convenu que les Sujets de Sa Majeste Britannique nliborderont ii aucun point ou il se trouve un Etablissement Rus^e sans la permission du Gouverneur ou Commandant; et que reciproquement les Sujets Russes ne pourront aborder sans permission a aucun Etablissement Britannique sur la Cote Nord Ouest. Article III. La ligne de demarcation entre les Possessions des Hautes Parties Contractantes situees sur le Continent et les lies de TAmerique Nord Ouest sera tracee ainsi qii'll suit: Commencant du point le plus Meridional de Tlsle dite Prince of ^Y14 DIPLOMATIC CORRESPONDENCE la frontiere entre les Possessions respectives des deux Puissances; pourvu neanmoins, qui si la Crete des susdites Montagnes, dans -quelque partie que ce soit, de leur etendue. se trouvera situee a plus de me degre de Longitude Ouest (Meridien de Greenwich) la dite ligne remontera au Nord le long de la Passe, dite Portland Channel, jusquM Tendroit oii cette passe se termine dans I'interieur de la terre ferme au olhne degre de Latitude Nord — depuis ce dernier point la ligne de demarcation suivra la crete des Mon- tagues dans une direction parallele a la Cote, jusqu'au point d'inter- section de lllme degre de Longitude Ouest (meme Meridien). RELATING TO TKEATY OF 1825. 219 Article IV. II est entendu, 1- que Tile dite l*i'!}ue of WaJtM appartiendra tout €11 tie re a la Russie. 2°. Que la lisiere de cote mentionnee ci-dessus qui doit appartenir a cette nieme Puissance et remonter de la pavallele du 56" de latitude novd au point d'intersection du 141" de longitude ouest, aura pour liniites la crete des montagnes ainsi qu'il a ete dit plus haut, mais que partout oii la distance entre la crete des montagnes et la nier se trou- verait de plus de dix lieues marines la limite de cette meme lisiere sera formee par une ligne parallele aux sinuosites de la cote, et qui ne pourra jamais s'eloigner de la mer que de dix lieues marines. 3°. Qu'{\ parti r du point d'intersection du IIF degre de longitude ouest, la ligne de ce meme degre formera dans son prolongement vers la Mer Glaciale, lafrontiere entre les possessions respectivesdesHautes Parties Contractantes. Article V. II est convenu en outre que nul etablissement ne sera forme par Tune des deux parties dans les limites assignees par cet article a Tautre; les sujets britanniques ne formeront aucun etablissement, soit sur la cote, soit sur la lisiere de terre ferme comprise dans les limites des Possessions Pusses telles qu'elles sont designees par cet article; et, de meme. nul «'tal)lissement pareil ne sera forme par des sujets russes au eyond the said limits. Article VI. The su))jects of His Britannic Majesty who may come from the inte- rior of the continent to the Pacific Ocean, or who may go from the Pacilic Ocean to the interior of the continent, shall enjoy forever the right to navigate, freely and without any obstacle, all the rivers and streams that, in their course toward the Pacific Ocean, may cross the limits of Russian territory on the strip of the coast descri])ed in the preceding article. Article VII. During the period of ten years, to date from the signing of this convention, the vessels of the high powers or those belonging to their respective subjects, shall have equally the right to frequent, without any let or hindrance whatever, all the interior seas, the gulfs, havens, and creeks in those parts of the coast mentioned in Article III, in order to carry on fishing and to trade with the natives. Article VIII. The Port of Sitka or Novo-Archangelsk shall be open to the com- merce and vessels of British su])jects for the period of ten yeai's. to date from the exchange of the ratifications of this conv^ention. In the event that a prolongation of this term of ten ^^ears should be granted to an}^ other power, the same prolongation shall be likewise granted to Great Britain. Article IX. The above freedom of commerce shall not apply to the traffic in spirituous liquors, firearms, side arms, gunpowder, or other munitions of war, the high contracting parties binding themselves nuitually not to allow to be sold, or to be furnished in an}- manner whatever, to the natives of the country the articles above mentioned. Article X. Every British or Russian vessel navigating the Pacific Ocean that may be compelled by storms or by any accident to take refuge in the ports of the respective parties s^all be at liberty to refit and to provide itself there with everything that it may need and to put to sea again without paying any dues except port and light-house dues, which shall be the same for them as for the vessels of the country. If, however, the master of the damaged vessel should find himself compelled to dis- pose of a portion of his goods in order to meet his expenses, he shall be required to conform to the ordinances and tarifis of the place at which he has touched. RELATING TO TREATY OF 1825. 22^5 Article XI. In all eases of couiplaint with regard to the violation of the articles of the present convention, the civil and military authorities of the two high contracting parties, without permitting themselves, beforehand, any act of violence or employment of force, shall be required to make a detailed report of the matter and its attendant circumstances to their respective courts, which bind themselves to settle it amicably and in accordance with the principles of perfect justice. Article XII. The present convention shall be ratified and the ratilications shall be exchanged at within the period of — months, or sooner, if possible. In Avitness whereof, etc. J//'. S. Canning to 2L\ G. Canning. /jr ^* No. 15.] St. Petersburg^, Fehruary 17 {March 7), lS2d. (Received March 21.) Sir: By the messenger Latchford I have the honor to send you the accompanying convention between His Majest}" and the Emperor of Russia respecting the Pacific Ocean and northwest coast of America, which, according to 3'our instructions, I concluded and signed last night with the Russian plenipotentiaries." The alterations which, at their instance, I have admitted into the "Projet" such as I presented it to them at first, will be found, I con- ceive, to be in .strict conformity with the spirit and substance of His Majesty's connnands. The order of the two main subjects of our nego- tiation, as stated in the preamble of the convention, is preserved in the articles of that instrument. The line of demarcation along the strip of land on the northwest coast of America assigned to Russia is laid down in the convention agreeably to your directions, notwithstanding- some difficulties raised on this point, as well as on that which regards the order of the articles, by the Russian plenipotentiaries. The instance in which you will perceive that I have most availed myself of the latitude atforded b}" your instructions to bring the nego- tiation to a satisfactory and prompt conclusion, is the division of the third article of the new "Projet," as it stood when I gave it in,* into the third, fourth, and fifth articles of the convention signed b}-^ the plenipotentiaries. This change was suggested bv the Russian plenipotentiaries,^ and at first it was suggested in a shape which appeared to me objectionable, Ijut the articles as they are now drawn up I humbly conceive to be such as will not meet with your disapprobation. The second paragraph of the fourth article had already appeared parenthetically in the third article of the "Projet," and the whole of the fourth article is limited in its signification and connected with the article immediately preced- ing it.b}' the first paragraph. With respect to Bering Straits, I am happy to have it in my power to assure 3'ou, on the joint authority of the Russian plenipotentiaries, "See ante, page 12. &See ante, page 213. <"See mde, page 218. ^24 DIPLOMATIC CORRESPONDENCE that the Emperor of Kussia has no intention whatever of maintaining- any exchisive claim to the navio'ation of those straits or of the seas to the north of them. It can not be necessary, under these circumstances, to trouble you with a more particular account of the several conferences which I have held with the Russian plenipotentiaries, and it is but justice to state that 1 have found them disposed, throughout this latter stage of the negotiation, to treat the matters under discussion with fairness and liberality. As two originals of the convention prepared for His Majesty's Gov- ernment are signed by the pleni[)otentiaries, I propose to leave one of them with ^Nlr. Ward for the archi\es of the embass}'. I have, etc., Stratford Canning. Mr. MUMeion to Mr. Ada ins. No. 43.] St. Petersburg, 17th Fvhruari/, ht March, IS^o. (Received May 2.) Sir: I have the honor to acquaint you that a convention was signed yesterday between the Russian and British plenipotentiaries relative to navigation, fisheries, and conmierce in the Great Ocean, and to ter- ritorial demarcation upon the Northwest Coast of America. In a con- versation held this day with Mr, Stratford Canning 1 have learned that this treaty is modeled in a great degree upon that which was signed hy me in the month of April last, and that its provisions are as follows, to wit: The freedom of navigation and hshery throughout the Great Ocean and upon all its Coasts; the privilege of landing at all unoccupied points; that of trading with the natives; and the special privileges of reciprocal trade and navigation secured for ten years upon the north- west Coast of America, together with the mutual restrictions prohib- iting the trading in firearms or spirituous liquors, are all stipulated in the British as in the American Treat}^; and some new provisions are made for the privilege of refitting vessels in the respective Ports, and no higher duties are to be imposed than upon National Vessels. The third article of this convention establishes the line of demarka- tion betw^een the possessions of the two powers upon the Continent and Islands, as follows: It begins at the southernmost point of Prince of Wales's Island (about 54^^ 40'), leaving the whole of that island to Rus- sia. It follows the strait called Portland Passage up to the fifty-sixth degree; then turns eastward upon that latitude until it touches the highest ridge of the chain of mountains l.ving contiguous to and nearl}^ parallel with the coast; it follows that ridge up to the sixtieth degree, and then takes the direction of that degree of latitude until its inter- section with the one hundred and forty-first degree of longitude west of Greenwich; thence it follows that meridian north to the Icy Sea. But in case the ridge of the Mountain lying parallel with the Coast shall be more than 10 marine leagues from the Shores of the Continent, then the distance of 10 marine leagues from the Shore is to be considered as the boundary of the Russian possessions upon the Continent. 1 beg leave here to repeat an opinion I ventured to express in w\j dispatch No. 38, respecting the policy of establishing a Post upon the Continent somewhere within the Straits of Fuca. The most valual)le part of the furs procured upon the northwest Coast is obtained in the RELATING TO TREATY OF 1825. 225 interior Seas running- around the cluster of Islands bordering- the Coast. I should consider such a post as more important in man}^ points of view than one upon Columbia River, and as likely to have a most decisive influence in securing an advantageous settlement of limits with Eng-land, who will be anxious, now that her northern limit is established, to settle her southern boundarj" upon that Coast. I have the honor to be, sir, verv faithfully, your obedient servant, Henry Middleton. Count Nesselrode to Count Lieven. /li^\ i "^ St. Petersbourg, le 20, Fevrier / 3 liars, 1825. Monsieur le Comte: Je me felicite de pouvoir annoncer a Votre Excellence que mes negociations avec Mr. Stratford Canning relative- ment a la cote N. O. de FAmerique, ont ete couronnees de succes. Nous venons de signer la convention dont copie ci-jointe. Le seul point qui ait donne lieu a quelques difficultes dans nos dis- cussions avec le Flenipotentiaire Britannique avait rapport aux limites de la lisiere de cote que la Russie doit posseder sur le continent Ameri- cain depuis le 56 -^ de lat. N. jusqu'au point d'intersection du 141^ de long. Quest. L'Empereur eut trouve plus reciproquement juste, plus egalement avantageux, que la frontiere naturelle, formee par les montagnes qui bordent la cote fut adoptee de part et d'autre, comme ligne de demar- cation invariable. L'Angleterre y eut gagne partout oii ces montagnes se seraient trouvees a moins de dix lieues marines de la mer; la Russie partout ou cette distance aurait ete plus grande et vu le peu de precision des notions geographiques qu'on possede sur ces contrees un tel arrangement eut oflert une entiere parite de chances favorables aux deux Parties contractantes, Cependant Mr. Stratford Canning aj^ant declare que ses instructions ne lui permettaient pas d'accueillir les voeux que nous lui avions exprimes sous ce rapport, FEmpereur pour donner une derniere preuve de ses dispositions amicales a Sa Majeste Britannique, nous autorisa a sig-ner Facte en question tel, que j'ai Fhonneur de le transmettre a Votre Excellence. Je lui en enverrai incessamment les ratifications et je profite de cette occasion pour Lui accuser la reception de ses depeches du 30 mars 12 Fevrier que je me suis empresse de porter a la connaissance de FEmpereur. Recevez, Monsieur le Comte, Fassurance de ma haute considera- tion. [Translation.] Count Nesselrode to Count Lieven. St. Petersburg, Fehruarij 20 {March 3), 1825. Monsieur le Comte: I congratulate m3'self on being able to inform your excellency that my negotiations with Mr. Stratford Canning with regard to the northwest coast of America have been crowned with success. We have just signed the convention, a copy of which is inclosed. The only point that has given rise to an^^ difficulties in our discus- sions with the British plenipotentiary related to the limits of the strip 21528—03 22 226 DIPLOMATIC CORRESPONDENCE of coast which liussia i.s to possess on the American continent from the fifty-sixth degree of north latitude to the point of intersection of the one hundred and fortv-tirst degree of west longitude. The Emperor would have found it more mutually just, more equally advantageous, if the natural frontier formed l)y the mountains border- ing on the coast were adopted by l)oth parties as the invariable line of demarcation. England would have gained thereby wherever those mountains were less than 10 marine leagues from the sea; Russia, wherever that distance was greater; and, in view of the want of accuracy of the geographical notions which we possess as to these countries, such an arrangement would have offered an entire equality of favorable chances to the two contracting parties. However, Mr. Stratford Canning having declared that his instruc- tions did not permit him to entertain the wishes which we had expressed to him on this point, the P]mperor, in order to give his Britannic Majesty a last proof of his friendly feelings, authorized us to sign the act in question, such as I have the honor to transmit it to your excellenc3% I shall shortly send you the ratifications, and 1 avail myself of this opportunity to acknowledge the receipt of your dispatches of March 30/ Fel )ruarv 12, which I hastened to communicate to the Emperor. Keceive, Monsieur le Comte, the assurance of my high consideration. Count Neaselrode to Count Lleven. St. Petersbourg, Je 13 Jfars 1825. (Received 29 March/ 10 April.) Monsieur le Comte: Votre excellence trouvera ci-joint la ratifica- tion de la Convention que nous avons conclue avec Mr. Stratford-Can- ning, an sujet des possessions respectives de la Russie et de la Grande Bretagne, sur la cote N. O. de TAmerique. En echangeant cet instrument contre celui qui doit Vous etre remis par la Cour de Londres, I'Empereur desire. Monsieur le Comte, que Vous observiez a Mr. Canning, qu'il eut ete plus conforme, d'apres I'opinion de Sa Majcste Imperiale, et aux principes d'une mutuelle jus- tice et a ceux des convenances reciproqnes, de donner pour frontiere a la lisiere de cote que la Russie doit posseder depuis le 56° de lat'"" Nord, jusqu'au point d'intersection du 1-11 - de Ion'"' Guest, la crete des montagnes qui suivent les sinuosites de la cote. Cette stipulation en effet, eut assure aux deux Puissances, uneparfaite egalite d'advantages et une limite naturelle. L'Angleterre y eut trouve son profit partout ou les montagnes sont a moins de dix lieues marines de la mer, et la Russie, partout oii la distance qui les en separe est plus grande. II nous semble que, touchant des contrees dont la geographie est encore peu connue, on ne pouvoit proposer de stipulation plus equitable. Votre Excellence ajoutera, que le Plenipotentiaire de S. M. Britannique ayant declare qu'il se trouvoit dans Timpossibilite d'ac- cueillir les voeux que nos lui avons exprimes sous ce rapport, c'est uniquement pour donner au Roi d'Angleterre une preuve de Ses dispo- sitions amicales, que notre Auguste Maitre nous a permis de signer cet article tel qu'il existe dans la Convention actuelle. L'Empereur Se flatte que S. M. Britannique appreciera un aussi sincere temoignage du desir qui nous animoit de terminer des discus- sions facheuses et d'en prevenir le retour par une transaction definitive. RELATING TO TREATY OF 1825. 227 Votre Excellence est autorisee a donnor lecture de la presente a M. Canning' et a lui en laisser une copie, avec priere de la mettre sous les yeux du Roi. Kecevez, Monsieur le Comte, Tassurance de ma haute consideration. [Translation.] Count J^esselrode to Count Lieven. St. Petersburct, 2r^elrode. London, ^fay 8 {20). 1825. Monsieur le Comte: In conformit}^ with 3^our excellency's orders 1 hastened to read to Mr. Canning, and to give him a copy of, the dispatch accompanying our ratification of the convention concluded with Mr. Stratford Canning with regard to the respective possessions of Russia and Great Britain on the northwest coast of America. Even before the receipt of that document, I had made it my duty to remark to the Secretary of State how ungracious the refusal of the English Government to consent to the establishment of the frontier by means of the crest of the mountains which follow the sinuosities of the coast, must appear to the Imperial Cabinet when it was merely a ques- tion of the occupation of a few leagues of land more or less, and when an immense extent of desert country still separates us from the English possessions. I likewise called his attention to the influence which the stitf'ness which we had experienced upon a point of so little importance in itself would inevitaljly exercise upon the management of the negotiations of the same nature which the English Government would shortly be com- pelled to undertake with the United States, to whom this circumstance would certainly not fail to give some idea of the difficulties and claims which she will have to combat. Mr. Canning, while rendering full justice to the intentions which determined the concessions granted l)y our court, whose conduct on this occasion has borne indisputably the stamp of the friendly feelings of His Majesty the Emperor toward England, attempted to justify the persistence of the British Government by assuring me that it arose solelv from a sincere desire to prevent the recurrence of any disagree- able discussion in future, and not from anj' intention of acquiring an increase of territory or of limiting the extension of the liussian posses- sions; that the disputes in which the English (Tovernment finds itself engaged at this moment with the United States Government, on account of a stipulation of the treaty of Ghent similar to the one projiosed by our court, and which likewise fixed a chain of mountains as the frontier between the possessions of the two States, had shown it all the inex- pcdiencv of a delimitation established on this principle, the mountains KELATING TO TREATY OF 1825. 281 naving- been found to deviate very considerably from the direction given them on the maps which were thought to be the most correct and the most detailed; that this inexpediency having presented itself in the case of countries whose geography is much better known than that of the regions to which the stipulations of the convention of Feb- ruary 16 (28) last relate, the English Government, in now insisting upon the fixing of a less vague boundary, thought that it gave a proof of the value which it attaches to the prevention of even the possibility of a discussion as to the tenor of the transaction concluded between the two cabinets. Having exchanged with Mr. Canning, on the 9th April, the ratifica- tion of this act by our court for that of His Britannic Majest}", I have the honor to transmit that document to your excellency inclosed, accompanied by the customary certificate serving to establish the fact of the exchange which has taken place between the Secretary of State and myself. I have the honor, etc. Extract from President Monroe^ s annual memage of Decemher ^, 1823/' [ For full text see Messages and Papers of the Presidents, 1789-1897, compiled by James D. Richard son.— Washington, 1896.] At the proposal of the Russian Imperial Government, made through the minister of the Emperor residing here, a full power and instruc- tions have been transmitted to the minister of the United States at St. Petersburg to arrange by amicable negotiation the respective rights and interests of the two nations on the northwest coast of this conti- nent. A similar proposal had been mide b}^ His Imperial Majesty to the Government of Great Britain, which has likewise been acceded to. The Government of the United States has been desirous b}" this friendly proceeding of manifesting the great value which they have invariably attached to the friendship of the Emperor and their solicitude to cul- tivate the best understanding with his Government. In the discus- sions to which this interest has given rise and in the arrangements by which they may terminate the occasion has l^een judged proper for asserting, as a principle in which the rights and interests of the United States are invoked that the American continents, b\' the free and inde- pendent condition which they have assumed and maintain, are hence- forth not to be considered as subjects for future colonization by any European powers. * * * ft -X- w * « See reference to this portion of tiie message by Mr. Middleton, uiite, page 77; by Mr. Canning, ante, page 147. PAPERS RELATING TO A RENEWAL OF THE TRADING PRIVILEGE GRANTED TO THE UNITED STATES BY THE TREATY OF 1824. Report of the Board of Directors of the Rusmm- American Company. Mivemher 27th, 183 J^ {No. 1181). [Translation.] To His Excellency Count Kankreen, Imperial ^finidcr of Finance, etc. The Chief Manager of the Colonies in America, Post Captain of the Navy and Chevalier, Baron Wrangell, reports to the Board of Direct- ors on April 2Sth last that, although the ten years term of the treaty concluded between Russia and the United States of America concern- ing the navigation of American ships in the waters of the Russian dominions in America elapsed on April 5 IT of this j^ear, the Ameri- can captains Snow and Allen answered to his demand in the effect that, not being regularly informed of it ])y their Government they should continue to go from Novo Archangelsk into the Straits. To prevent this. Baron Wrangell considered it his duty to inform them by letter of the expiration of the term fixed by the treaty in order that they should not be in a condition to justify themselves by not knowing this law. In submitting to Your Excellency herewith a copy of Baron Wran- gell's circular written in French and sent to those Americans; the Board of Directors takes the liberty of asking you not to refuse to communicate for them with the Government of the United States of America, requesting that it should announce to everybody who ought to know it, that the term of the aforementioned Convention has expired and that the Captains of merchant ships have no right to enter within the Russian dominions north of 54^ 41' latitude for carrying on commerce with the natives. Director Andrew Severin. [Inclosure to Report of Board of Directors.] Sir: As Governor of the Russian Colonies in America, and availing myself of your entrance into this port, I have the pleasure to inform you that — according to Art. IV of the Convention concluded and ratified by His Majesty the Emperor of all the Kussias on one part, and on the other by the Highly Honorable The President of the United States of America, with the approval and consent of the Senate, on the 5/17 of April 1824— the right of frequenting the gulfs, straits, ports and bays included within the limits of the Russian possessions on the North- West coast of America, namely: north of latitude 54° 40^, has ceased for vessels of citizens of the United States of America, on the 5/17 of April of this year. I consider it my duty to advise you of this fact in order to prevent any violation of the said Convention "that might occur through ignorance of this circumstance and 232 TRADING PRIVILEGE OF UNITED STATES. 238 to beg you to communicate the contents of this note to all the citizens of the United States you may meet in these parts. The copy of this circular shall be communicated to the United States Congress by the Russian Government. I have the honor to be, &c. (Signed) Baron Wranc4ell, Captain of the Imperial liussian Navy, Knight, Governor of the Russian Colonies in America. The Governor of the Russian- American Company to the Commander of hrlg '' Chlchagof,'''' Lieutenant Zarembo, March 5, 1835 {IVo. 26). [Translation.] After having- prepared vour vessel for the expedition, I recommend j'ou to set sail at the first opportunity and direct 3"0ur course by the most convenient route to Tumbaz [Tongas]. The aim of 3"our expedition is twofold: 1, The occupation of a sta- tion on the frontiers of our straits for the purpose of preventing the foreigners to enter them and to trade with the natives, as they have lost the right to do so on account of the expiration of the ten years' term of the Convention, as you may see from the enclosed copy. 2, For trading with the natives. I deem it necessary to observe the fol- lowing with regard to these two points. I. Occupation of a station. As we may say that the only place in our straits, visited by the for- eigners is Tongas, you must select this bay as the place of your sojourn. Here you may alwa^^s hear from the Kolosh about the appearance of some vessel and consequently having your brig always ready to set sail, .you will always be able to proceed to where the for- eigner will show herself. Upon receiving from her answ^ers to the questions marked in the enclosed papers, you will declare to her that the term of the Conven- tion has expired, giving- each vessel a letter from the nine copies here enclosed (six written for captains of the United States and three for the English) and demand that in consequence of this the vessel should leave our possessions. Should the captain allege some indispensable reason which forced him to enter and to stop, as dire necessity of repairs or danger from winds, after having ascertained the truth of the statement you will use all means of giving him aid, in order that, you may send him out of the strait after having- removed the ob.stacle. It stands to reason that the foreigner must under no circumstances carry on trade with the natives. If contrary to all expectations, the captain should insist on staying and should continue to carr}^ on trade, you in your turn, must not employ anv violent measures against him, but report his actions to the colonial authorities at your earliest opportunity. But should insolence go so far that some one should use violence against you, it is your duty- to repulse it by militar}^ measures and punish the brigands, maintaining the honor of your flag and uniform. A vessel taken under such circumstances is a legal prize. II. Trade with the natives. It is known to you that the most important influx of furs to the southern parts of our straits is at Tongas and that in April and up 234 PAPERS RELATING TO RENEWAL OF to the middle of Mas' in Tongas and the neighboring localities all the Kolo.sh are absent as the}' go to Naas with their furs. It is conse- quently absolutely necessary to reach Tongas during March so as to catch the inhabitants on the spot. I beg of you to take upon yourself the troui)le of overseeing the trade and establishing it. You know how important this feature is and I hope that, according to your last year's operations in the straits, you will teach now also the as yet inexperienced factor. I beg of you to maintain the prices current in Stachin and Sitka. * TT w -K- * -:r -K- You have on board all the merchandise for the Kolosh that we could gather. When the Tongas inhabitants will have left this place and no for- eign vessels will be seen, sail for the Dyonisius redoubt, deliver your cargo destined for this redoul)t and return to your station about the middle of Ma}' when the natives come back for hshing. You ma}- require from the redoubt merchandise for the Kolosh should you be in need of the same as for example, cotton cloth and toljacco. Towards September, during that month and October, autumn trade gathers at Tongas and its neighborhood, all the furs going now into the hands of the British and Americans; I, consequently, recommend that you should not leave the straits before having assured yourself that the autumn trade is in your hands and that you need not fear the arrival of a foreigner and that there is none in the vicinity. Then after having fully completed your mission return to Novo-Archangelsk and present a report on your operations to the colonial authorities. Report of t lie Board of TJ! rectors (f the JRussian Anierican Covvpany^ to the Department of Trade and Jlanufadures, Novemher'26, ISSo {No. 1298). [Translation.] In consequence of the paper received from the Department of Trade and Manufacture with regard to our conventions with England and the United States, the Board of Directors, after consideration of the circumstances and means which would not injure the essential course of business of the Company, laid its opinion for examination before Council instituted hy Supreme order, and according to the resolution of the latter has the honor to forward to the Department of Trade and Manufactures the opinion of the Board of Directors confirmed by the Council : (1) with regard to the American Captains who, in spite of warn- ing, continue to navigate as heretofore our waters for the purpose of trading with the natives of our possessions, the Company will never in any case whatsoever, lose sight of Art. XI of the Convention with Great Britain, according to the terms of which no forcible measures or vio- lence shall be used, and the Board of Directors will report it in detail to the authorities and demand protection and defence against such violators of international law. (2) When the English and United States Americans were allowed by the conventions to navigate within the Russian possessions, the Russian American Company, in order to avoid disagreeable and often disastrous consequences from competition TRADING PRIVILEGE OF UNITED STATES, 235 in trade, especially with such captains who would stop at nothing- for the sake of gain, did not send off its vessels to the places where the foreign ships had their trading dens, -i to H coming ever}- year and supplying the savages, in spite of the conventions, with liquor, can- non, guns and powder; but alreadv before the expiration of the term of the conventions, in 1833, the Governor, Baron Wrangell, sent brig the Chlchagoff. commanded by his assistant Capt. Lieut. Etholine, to cruise along the boundary of our possessions and grow acquainted with the natives, who until then traded solely with the foreigners. Upon Mr. Etholine's return, the same mission was entrusted to Lieut. Zarembo, and, as ma}" be seen from the reports of these officers, they had great difficulty in executing the mission of the Governor in spite of great pains, indefatigable patience and considerable expense. The inhabitants of those localities, the Kolosh, a numerous, warlike and impudent people, encited by insinuations of the various competi- tors in trade, with regard to Russia's rights to this territory, and the Russians turning them into slaves, were inculcated with strange sus- picions and hostility towards the Russians. Only the ever equitable treatment of the above mentioned officers, sacrifice of capital for pres- ents to the chiefs of the savages, and unwavering honesty in the trade, softened at lirst and then brought them to the necessity of soliciting the Governor to establish a settlement among them. On account of this request workmen were sent out immediately, and. under super- vision of Lieut. Zarembo, a redoubt was erected at the mouth of the river Stikine, in the latitude of 56^ 40' N. and longitude 132^ 10' W. of Greenwich. Upon the completion of this first settlement, the safety of the same by means of mutual and prompt reinforcements, as well as the continuous maintenance of trade with the natives, demand that a chain of stations be established from the most southern redoul)t of our possessions, St. Dyonisius at Stikine, to the north to the Chil- kat Strait, named Lynn Canal by Vancouver. It is indispensable, according to the inspection of the local Commander, to erect on this area 2 or 3 more redoubts, establish settlements, and intending to do so the Company cannot, without evident prejudice, see foreigners trading freely within the boundar}^ of Russian possessions; each of the redoubts will then be, so to say, in a besieged condition from the natives themselves, for, on account of competition in trade the for- eigners will pay them again as heretofore with liquor, powder, guns and cannon, and in such a case the actions of intoxicated savages will know no bounds as to impudence, riot and the consequences to us will be continual disputes, and may be bloodshed. The Board of Directors deems it necessary to add that the American Captains made attempts, by converting the natives to Christianity, to bind them to them by means of religious ties; fort his purpose missionary Green was brought there by Capt. Taylor of ship Volunteer. He might have succeeded in his undertaking, but the extreme greed of the Captain lost them the confidence of the natives and the missionary was obliged to return without having achieved any success. This incident illustrates the ill- will of the American Captains, who take advantage of the rights of trade, enjoyed during the 10 years term of the convention, but since prohib- ited by the same. On account of all these circumstances the Board of Directors declares that the acceptance of new conventions from the United States as well as from the British Government, should the pi'oposition emanate from the latter, to allow their captains to freely 236 PAPERS RELATING TO RENEWAL OF navigate our waters for the purpose of trading- in our possessions, will be (lecidedh^ prejudicial to the Russian American Compan}^ but the permission for foreigners to come to the Port of Novo Archangelsk to trade with the office of the Company according to the instructions of the Governor, may remain as heretofore, and no new treaty is nec- essary' for the same. The Board of Directors has the honor to return the papers forwarded with the writing of the Department of Trade and Maiuifacture. Baron Krudener to J//'. D!cl:ins. [Translation.] Washington, 3fay 19 (31), 1835. The undersigned, envoy extraordinary and minister plenipotentiarj^ of His Majesty the Emperor of all the liussias, has the honor to address the following comnuinication to Mr. Dickins, who has charge of the Department of Foreign Relations during the absence of the Secretary of State. The convention concluded between Russia and the United States on the 5th (17th) of April, 1824, regulated various points respecting the commerce and navigation of the vessels of each nation, along the north- west coast of America. The fourth article of this convention grants to xA.merican vessels for ten years after the date of the signature thereof the right of freciuenting, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks comprised within the limits of the Russion possessions on the aforesaid coast, and especially northward of 64- 4(1' of north latitude. This pei'iod of ten years expired on the 5th (l7th) of April, 1834; not- withstanding which two American captains. Snow and Allen, who were then in the port of Novo Archangelsk, declared their intention to visit the anchoring places on the coast belonging to Russia, as before, on the plea that they had received no notice of the cessation of this privilege from their Government. This declaration induced Captain Baron cle Wrangell, governor of the Russian American colonies, to state formally to Captains Snow and Allen, l)y a circular addressed to them, under date of April 27, that by the terms of the convention of April, 1824, American vessels had no longer the right of landing at their discretion at all the landing places of the said possessions in America. In consequence of what is here exposed, the ministry of His ^Majesty the Emperor of all the Russias has ordered the undersigned to call the attention of the American Government to the fact that the fourth article of the treaty of 5th (17th) of April, 1824, hy which indefinite and indiscriminate liberty {une liherte Indefinie et indistliicte) of frequenting the respective possessions of each part}^ on the northwest coast was granted to the vessels of each has expired. The new state of things brought on ])y the terms of the treaty, since the expiration of the said ten vears, not ha\ing been sufhciently appreciated by the navigators of the "United States, who have latterly freciuented the Russian posses- sions on the northwest coast of Nortli America, it appears to be neces- sary that the American public should be informed of the actual state of the relations on this subject, and the undersigned has been ordered to invite the Government of the United States to take the most suitable measures with regard to it. The undersigned, etc., B. Krudener. TRADING PRIVILEGE OF UlSTITED STATES. 237 Mr. Jj/'ckins to Boron Krudener. Department or State, Woshhigto)), June J, ISSo. The undersigned. Acting- Secretary of State, has the honor to acknowl- edge the receipt of the note addressed to him on the 19th (3ist) ultimo, b\" Baron Krudener, envoy extraordinary and minister plenipotentiary of His Majest}' the Emperor of all the Russias, reminding this Government of the expiration of the fourth article of the treaty of 5th(lTth) April, 1824:, between the United States and Russia, which secured to Ameri- can and Russian vessels the privilege of frequenting the respective pos- sessions of the two powers on the northwest coast, and suggesting the propriety of the adoption of proper measures to notify this fact to the people of the United States. The undersigned has the honor to inform Baron Krudener that he will take an early opportunity to su))mit his communication to the President, and he avails, etc. , ASBUKY DiCKINS. Mr. ForsytJi to Baron Krudener. Department of State, Washmgton, June ^^, 18S5. Sir: I have the honor to inform you that your note of the l^th (31st) ultimo, calling the attention of this Government to the fact that the fourth article of the convention of April, 1824, between the United States and Russia had expired by its own limitation during the year 1834, and suggesting the propriety of making this event known to the American public, has been laid before the President for his considera- tion. As, however, the motives which led to and rendered expedient the adoption of that article of the treaty of 1824 exist now in equal force, and as the arrangement has been found mutually beneficial to the interests of the citizens and subjects, respectively, of the contract- ing parties, without inconvenience to either, I am instructed to apprize you that the President would prefer not to take any active measures to interrupt the commercial intercourse between the United States and the Russian settlements on the northwest coast of America, unless, in your opinion, there is reason to believe that a proposition on the part of this Government for the renewal of the article referred to would not be met in a favorable spirit b}" the Government of His Imperial Majesty at St. Petersburg, An early answer to this communication, if you are not aware of any difficulty on the part of your Government in the way of such a nego- tiation, will enable me, without unnecessaiy delay, to transmit the requisite instructions on the subject to the diplomatic representative of the United States in Russia. 1 pray 3"ou, sir, to accept, etc., John Forsyth. 238 PAPERS RELATING TO RENEWAL OF Bai'on Ju'udcJic/' to J//'. Forxyth. [Translation.] Philadelphia, June 29 {July 11), 1S35. The undersio-ned, eiivo^^ extraordinary and minister plenipotentiary of His Majesty the Emperor of all thii Russias, has received the note of June 24, which was addressed to him by Mr. Forsyth, Secretary of State of the United States. He would have made it a duty to answer it immediately, had the state of his health permitted. The undersigned regrets that it is entirely out of his power to give any distinct opinion as to the result which might attend any steps on the part of the Cabinet of the United States to engage the Government of His Imperial Majesty to stipulate a renewal of the fourth article of the treaty of the 5th (Nth) of April, 1S24, which ceased to be in force last year. It being thus impossible for the undersigned to foresee the intentions of the Emperor, he can only persevere in compliance with the orders transmitted to him by the ministry, and in repeating the demand which formed the object" of his note of the 19th (31st) of May. The undersigned is the more obliged to comply with this duty, as the instructions with which he is furnished on this subject are positive, and express no doubt of the readiness of the American Government to proceed to the publication reciuested. The undersigned, etc., B. Krudener. 3fr. ForsytJi to Baron Krudener. Department of State, ^Vashi)lgton, July 21, 1835. Sir: I have received your note of the 2!»th June (11th July), declining- to express an opinion as to the pro])able result of an application on the part of this Government to that of His Imperial Majesty for a renewal of the fourth article of the convention of 1824, between the United States and Russia, and reiterating the request contained in your comnmnica- tion of the 19th (31st) May last, that the fact of the expiration of the term limited in the article referred to should be, in some form, brought into notice, for the information of the American public. I have, in answer, the honor to state that a formal notice from the Government is not deemed necessary. All the citizens of the United States are bound to know existing laws and their rights and obligations under existing treaties. Still, however, as His Imperial Majesty's Govern- ment has especially invited the attention of this Government to the subject, an informal notice will be given through the public journals of Baron de Wrangell's warning to the captains of American vessels on the northwest coast of this continent. I will be very happy to receive from you, as early as practicable, precise information on the measures His Imperial Majesty's Govern- ment has adopted, or proposes to adopt, in relation to the subject, as corresponding regulations may be deemed necessary b}" the United States in regard to Russian subjects in the event of the non-renewal of the treaty stipulation. I pray you to accept, etc., John Forsyth. TEADING PRIVILEGE OF UNITED STATES. 239 Baron Krudtiier to Mr. Forsyth. [Translation.] New York, Jah/ 11^ {26), ISSo. The undersigned, envoy extraordinary and minister j^lenipotentiary of His Maje.sty the Emperor of ail tlie Russias, has liad the honor to receive the note dated July 21, in which Mr. Forsyth, Secretary of State of the United States, in reply to his communication of June 29 (July 11), informs him that the Government of the United States intended to insert in the public newspapers an unofficial notice of the warning given by Baron Wrangell to the captains of American vessels on the northwest coast of this continent respecting the expiration of the fourth article of the treaty of April 5 (IT), 1824; expressing also a desire to receive from the undersigned, as soon as possible, precise information with regard to the measures which the Imperial Government has adopted, or may adopt, on this subject, as corresponding regulations with regard to Russian subjects may be considered necessary in case the stipulation of the treat}' be not renewed. The undersigned has without delay submitted to his Government the said note of the Secretary of State, and will conuiiunicate to him the results as soon as they are re- ceived. The undersigned, etc., B. de Krudenkr. 3fr. Forsyth to Mr. Wllkhis. No. 4.] Department of State, Washington, July 30, 1835. Sir: I transmit to you, inclosed, the copy of a recent correspondence with Baron Krudener, the diplomatic representative of His Majesty the Emperor of Russia at Washington, regarding the fourth article of the convention of April, 182-1, between the United States and that Empire. It will be perceived from these papers that the baron has taken occa- sion to remind this Government of the expiration of the term limited in that article, and to request that a notification of this fact ma}' be given for the information of the American public. An informal notice has been accordingly published in the Globe of the 22d instant, of Baron de WrangelPs warning to the captains of certain American ves- sels trading with the Russian settlements on the northwest coast of America. It will also be seen that, in answer to an inquiry from this Department, Baron Krudener has declined to express an opinion as to the probal^le result of a proposition to His Imperial Majesty's Govern- ment for a renewal of the article referred to. It therefore becomes necessary, and you are now authorized by the President's direction, to enter immediately upon a negotiation with the Government of His Imperial Majesty, if it should be found willing to entertain the proposition, for the renewal of the stipulations of the fourth article of the convention of the 5th (17th) April, 182-1, for an indefinite period, or, if this can not be had, for a term of years. There is reason to believe that the course pursued by the Captain Baron de Wrangell, governor of the Russian- American colonies, inci- dentally mentioned in the Baron de Krudener's letter of the 31st May 240 PAPEKS RELATING TO RENEWAL OF last, has been instio-atod bv the Russian- American Fur Company; and it is not impro])able that representations of a character simihxr to those made to the o-overnor. and from the same source, have been transmitted to St. Petersl)urg. If prejudices exist of the nature apprehended, and tending to defeat the object now in view, they will be easily discoverable in your intercourse with the Russian minister of foreign atiairs, and 3^ou will take an early opportunity to discredit them by showing that representations growing out of private interests are always to be received with great caution, and should not be sufi'ersd to influence the decision of a question which may be productive of injury to the citizens and subjects, respectively, of the contracting parties. The motives that prompted the adoption of the fourth article of the treaty of IH'24: by the parties to that convention exist now in equal if not superadded force, since it will not be denied that it has been mutu- ally beneficial to the citizens of both, without being inconvenient to either. Serious objections on the part of Russia, therefore, to the renewal of the stipulations contained in it can hardly l)e anticipated. Should this reasonable expectation, however, be disappointed, it is the wish of the President that you should, without unnecessary delay, obtain from His Imperial Majesty's Government precise information in regard to the measures ad()))ted, or proposed to l)e adopted, on its part in relation to the admission of American vessels into the harbors, bays, and rivers of the Russian settlements on the northwest coast of this continent, in order that corresponding regulations, if deemed nec- essar}", may l)e made l)y this Govei'nment. I am, etc., John Forsyth. [Inclosure.— Extract from the Globe newspaper of July 22, 1835.] It will be recollected that a convention was concluded between the United States and Russia in April, 1824, regulating various matters connt'cte*! with the commerce and navigation of the two nations on the northwest coast of America. By the fourth article it was stijinlateil that the ships of both nations might, during a term of ten years, frequent without liindrance the interior seas, gulfs, harbors, and creeks of each nation on that coast for the pur]»ose of fishing and trading with the natives of the country. The ten years expired in April, 1834; and we understand that formal notice has been given by the governor of the Russian colonies to the masters of the Ameri- can ships then trading there that they could no longer claim, under the convention, the right of landing at all the landing places, without distinction, belonging to Rus- sia on that coast. Those interested in the trade will not fail to observe that under the second article of the convention it is necessary for all American vessels resorting to any point on that coast where there is a Russian establishment to obtain the per- mission of the governor oi commander. J//', ^7//(■;/^s to Mr. Forsyth. No. 11.] Legation of the United States, 6'^'. Fetershurg, Septeruher 7, 1835. Sir: The steamboat of the day before yesterdav l)rought me your despatch No. 4, dated on the 3()th July last, accompanied by a copy of a recent correspondence with Baron Krudener regarding the ith article of the convention of April, 1824, betAveen the I'uited States and Russia ; a oopy , also, of an informal notice published in the ' ' Globe " TRADING PRIVILEGE OF UNITED STATES. 241 of the 22d of fluly last, toufhing- American vessels trading with the Russian settlements on the northwest coast of America; and an extract from a despatch of Mr. Middleton, dated 7th (ll>th) April, 1824, rela- ting to the 4th article of the treaty above mentioned." I have already had the honor of apprizing* you of the absence of his Imperial Majesty and his Minister of Foreign Affairs. Prince Lieven, left in the temporary occupation of Count Nesselrode's office, is unwilling to incur responsibility by taking up any matter of business which can be postponed until the return of the Minister. Immediately upon the return to the capital of that officer I shall not fail to call his attention to the fact of the expiration, bj" its own limitation, of the 4th article of the treaty of April 1824, between the United States and the Imperial (Tovernment to stibmit to him the proposition, and to endeavor to f iiltil the instructions and meet the views of the President contained in the despatch which I have just received. I observed, shortly after rav arrival in this city, that the term of ten years stipu- lated in the 4th article of the treaty had expired, and mentioned the cirtumstance in my despatch No. 3, of the date of the 2Tth of Decem- ber last. I have not made allusion to it, upon any occasion, here, because I presumed (and so it has occurred) that the subject would engage your attention at Washington. * " * * * * * * I have the honor to be, sir, your obedient servant, Wm. Wilkins. To the Hon. John Forsyth, Secretary of State. Mr. ^Ynl^lns to Mr. Forsyth. No. 14.] Legation of the United States, St. Petersburg, Wovemher 23, 1835. Sir: In the last dispatch which I had the honor to address to you, on the 26th of September last, I informed you it was likely you would not again hear from me until after the return of the Em'peror and Count Nesselrode to this capital. His Majesty returned on the 1st instant, having been preceded a few days b}' his minister of foreign affairs. Immediately upon receiv^ing from Count Nesselrode the usual written notice of his having resumed the duties of his official station, I addressed him a note and requested him to name a day when I might have the honor of a personal conference. He mentioned the 4th instant. I waited upon him accordingly at the foreign office, and disclosed to him the wishes of the American Government in reference to the removal of the fourth article of the treaty of April, 1824, and held with him such conver- sation and placed the matter in that light which seemed to me the most proper and in accordance with my instructions. Upon the close of our conversation I handed to him, in writing, a memorandum of the proposal 3^ou authorized me to submit. The view in which I placed the matter and the substance of the conversation will appear (and therefore need not be more particularly detailed) by reference to the copies of the notes which I addressed to him inuuediately after the conference, sim- ply noting two observations which fell from him. * * * I have, etc., W31. Wilkins. « See ante, page 75. 21528—03 23 242 PAPERS RELATING TO RENEWAL OF [Inclosure 1.] 3Iemorai}dimi. St. PETERSBrRG, Oct. 23, [Xor. 4) 1835. The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, in reference to the subject upon which he has this day had the honor of a jiersonal conference with his excellency Count Nesselrode, Vice Chancellor of the Knipirc, sul)iiiits to the Inij)erial Ministry the following distinct proposition in behalf of the American (iovernment: To renew the stipulations of the 4th article of the convention of the 5th (17th) of April, 1824, between his Imperial Majesty the Emperor of all the Russias, and the United States of America, either for another term of ten years, or for an indefinite period. Wm. Wilkixs. Mr. WUkins to Count Xcsselrode. / St. Petersburg, Novemher 5, 1835. Mr. Wilkins, P^nvoy Extraordinary and Minister Plenipotentiary of the United States of America, presents his respects to his excellency Count Nesselrode, and has the honor to enclose him the extracts spoken of yesterday, from the conventions of the United States of America with Great Britain, dated on the 20th of October, 1818, and the 6th of August, 1827. Mr. Wilkins also, as it affords a satisfactory reply to an observation which fell from his excellency yesterday, transmits a copy of a law of Congress, passed on the 19th of May, 1828, providing for the punishment of contraventions of the fifth article of the treaty of April, 1824. The attention of the Imperial Ministry is called to this law, because it affords manifest proof of the integrity of purpose on the part of the Government of the United States, and its disposition to secure the fulfilment of its stipulations with Russia. Mr. Wilkins prays his excellency Count Nesselrode to accept the assurance of his high consideration and respect. [Inclosed in Mr. Wilkin.s's note of Nov. 5.] AN ACT for the punishment of contraventions of the fifth article of the treaty between the United States and Russia. Be it enacted hii tlie Senate and House of Representatives of the United States of America in Congress assembled, That if any one, being a citizen of the United States, or trading under their authority, shall, in contravention of the stipulations entered into by the United States with the Emperor of all the Russias, by the fifth article of the treaty, signed at St. Petersburg, on the seventeenth day of April, in the year of our Lorcl one thousand eight hundred and twenty-four, sell or cause to be sold, to the natives of the country on the northwest coast of America, or any of the islands adjacent thereto, any spirituous liciuoi-s, lire arms, or other arms, powder or munitions of war of any kind, the i)erson so offending shall be fined in a sum not less than fifty nor more than two hundred dollars, or imprisoned not less than thirty days, nor more than six months. Sec. 2. And be it further enacted. That the superior courts in each of the territorial districts, and the circuit Courts and other courts of the United States, of similar juris- diction in criminal causes, in each district of the United States, in which any offender against this act shall be first apprehended or brought for trial, shall have, and are hereby invested with, full power and authority to hear, try and punish, all crimes, offences and misdemeanors, against this act; such courts proceeding therein in the same manner as if such crimes, offences and misdemeanors, had been committed within the bounds of their respective districts. Approved, May 19, 1828. [Inclosure 2.] Mr. Wilkins to Connt Nesselrode. St. Petersburg, November 1 [13), 1835. Notwithstanding his very recent conversation with Count Nesselrode in reference to the proposition of the American Government to renew the expired fourth article of the treaty of April, 1824, the undersigned will embrace the present occasion to repeat TRADING PRIVILEGE OF UNITED STATES. 243 what may then have been, in a very brief manner, verbally represented, and to add a few remarks immediately beariny- upon that question. The diplomatic representative of His Imperial Majesty at Washington City having taken occasion to remind the I'nited States of the expiration of the ten years stipu- lated in the fourth article of the treaty of 1S24, and to desire thereon the action of their Chief Magistrate, is iudicativ c of tlic lUMcssity that the two Governments should, as early as convenient, come to a decision npini the policy hereafter to control their citizens and subjects, i-espectively, upon the northwest coast. Hence it is that, under express instructions, tlie undersianed had the honor, immediately upon the return of his excellency Count Nesseirode to tlie capital, to call his attention to the question, and to sul^mit to him his proposal of October 23 (November 4), of which the under- signed delivered at the time a memorandum in writing. The motives which influence the Government of the United States in submitting that proposition to the imperial ministry will be found to arise out of a consideration of the following circumstances: (1) The desire to avoid any difficulty and apprehension of collision between the inhabitants, traders, and fishermen upon that wild coast, so remotely situated, but with very few and widely separated posts of civilization, and the entire country almost so exclusively oct-upied )3y savage tribes as to render restraint and proper responsibility to the law well-nigh out of the question with either Government. (2) The proposed arrangement would render definite and precise the rights and duties of the subjects and citizens of the contracting parties respectively, and would obviate all necessity to resort to a construction of the remaining articles of the treaty of April, 1824, and "would likewise avoid any chance of conflicting interpretations of that instrument. (3) Since the undersigned had the honor, in their personal conference the other day, to be informed by his excellency Count Nesseirode of the arrangement relative to the trade and intercourse upon the northwest coast of America subsisting at present between the Governments of Russia and Great Britain, he has turned to the first and eleventh articles of the commercial treaty of the 6th ( 18th) of December, 1832, between Russia and the United States, and begs leave to call the attention of the imperial minister to the same articles, who will, upon their perusal, see for himself how far their provisions bear upon the present subject, and whether they may not give rise to an inquiry which may be rendered unnecessary by an acquiescence in the proposed arrangement. (4) Touching the especial matter in question, the proposed arrangement would, it is believed, place the three nations — Russia, England, and the I'liited States — -upon the same fair footing and upon the same equality in the enjoyment of a community of privileges. In the personal interview of the 4th instant (N. S. ), his excellency Count Nesseirode mentioned two circumstances, to which the undersigned will now refer for a moment. One was the objection entertained by the Imperial Government to all traffic in fire- arms and spirituous liquors, by American citizens, with the native Indians. To this the undersigned now replies, as he did then very succinctly, that it is believed the treaty of 1824, containing a stipulation against that traffic, immediately put an end to it; that there have been no infractions since its adoption — certainly none com- plained of in representations to the Government at AVashington; that, as a further assurance against infringements upon that humane stipulation, and as an evidence of the sincere desire of his Government to enforce it, the undersigned, immediately after their conference, inclosed to his excellency a copy of a law passed by Congress declaring certain prosecutions and penalties against those who should offend against that provisioij of the treaty. And the undersigned will, on this point, content him- self l)y adding that the above traffic is now^ discountenanced and prohibited by the present well known and benevolent course of policy pursued by the American Gov- ernment towards the wild and uncultivated aborigines of the country. The other circumstance mentioned by his excellency was that, as the Russian American Fur Company were particularly interested in the decision of the question, he conceived it to be his duty to consult its directors before he could give a final answer. It is not often that those who enjoy a monopoly under a liberal grant from an indul- gent sovereign will be willing even to modify, or permit others to participate in, any portion of their privileges. But, in the i>resent instance, it must be recollected that such a concession is not embraced in the proposition submitted without a fair equiva- lent; for the privilege to fish and traffic north and south of the latitude of 54° 40^ would rest upon the just principles of reciprocity. Whether any prejudices or individual interests exist having a tendency to disincline His Imperial Majesty to assent to a renewal of the expired article of the treaty of 1824, or how far such prejudices or interests, if they do manifest themselves on the 244 PAPERS RELATING TO RENEWAL OF l)art of individual gentlemen of the fir8t respectalnlity, oiiglit to intinenee the action of Governments upon a question of general import and affectinf,^ national and amica- ble intercourse, is not for the undersitrned alone to determine. It is enouirh for him to know that the views in 1824, which i)roduced the provision contained in the fourth article, have been tested by experience, and the results being mutually Ijeneficial and convenient prove tlieir propriety. To justify the presumption that the annual visits of American ships in the prcsecu- tion of their adventures upon the northwest coast are sometimes very convenient and must be beneficial to the Russian settlements and ports in that distant and not Ijroductive climate, the undersigned takes leave to refer to a contract made within a few days by the Russian American Fur Company with an American citizen for sup- plies to their agents antl ports for the ensuing year. Should the undersigned, however, be disappointed in the reasonable expectation he has formed, and tlie Imjierial Government be unwilling to entertain the proposal to renew, either indefinitely or for another term of years, the provisions of the article of the treaty referred to, he re(iuests that liis fxccllcncy Count Xessch-odc will do him the favor to inform him in regai'd to the nica.-urcs adopted, or pi-o|ioscil to be adojitetl, on the part of Russia in relation to the admission of American vessels into the har- bors, bays, and rivers of the Russian settlements on the northwest coast of the American continent. The happy understanding which prevails between the two Governments, the desire to avoid any casual difference, and the probable necessity for corresponding measures, will readily indicate the motives which prompt this request. The undersigned can not close this note without repeating, very earnestly, his wish to be put in possession of the answer of the imperial ministry upon the two subjects to which their attention is directed. The undersigned, etc., Wm. Wilkixs. [Inclosure 3.] Count Nesselrode to Mr. Wilkins. St. Petersburg, November 8, 1835. The undersigned, as he had the honor to announce, did not fail to submit to the department of finance the subject of the memorandum addressed to him on the 23d October (4th November) by Mr. Wilkins, envoy extraordinary and minister plenipo- tentiary of the United States of America, respecting the renewal of the fourth article of the treaty of April, 1824. The undersigned, as soon as he has obtained the opinion of the proper authorities and received the orders of the Emperor, will immediately communicate to Mr. Wilkins the point of view under which the proposition of his Govt^rnment is regarded here. He, however, requests Mr. Wilkins to bear in mind that the Imperial Government, in examining this proposition, will lose sight of none of those considerations which should induce it uk ne strongly to cement the amicable relations now existing between the two (Governments. Contenting himself for the present with this answer to the note of Mr. Wilkins of the 1st (13th) of November, the undersigned seizes, etc., Nesselrode. [Inclosure 4.] Mr. ]]'ill'iii>! to Count Nesselrode. [Extract.] The undersigned. Envoy Extraordinary and Minister Plenipotentiary of the United States of America, has the honor to acknowledL'^e the reci'ipt of the note bearing date yesterday, addressed to him by Count Nesseliode, Vice Chancellor of the Empire, by which he observes that his excellency has submitted to the Minister of Finance the proposition of the American Government for the renewal of the fourth article of the treaty of April, 1824. However forcibly impressed the undersigned may be with the necessity of as early a decision of this question as may be practicable with the Imperial Ministry, he will await, with pleasure, the final result of the course adopted by Count Nesselrode. ******* Wm. Wilkins. (Nov. 9, 1835.) TRADING PRIVILEGE OF UNITED STATES. 245 Count J^es.selrode to Count E. F. luoiJireeit. [Tninslation.] Dear Sir: Acting upon your report, dated December 7th, last, (No, 3782) concerning" the expiration of the term of ten years, stipulated in Article IV of our Treaty with the United States of north- America as the term of free navigation for our ships in the waters of our local possessions, I considered it my duty to instruct our Minister in the United States, Baron Krudener, to direct the local Government to inform those whom it may concern that on the expiration of the term, the captains of the ships should have no further right to penetrate the Russian dominions north of 50 ^ 41' [sic] latitude for the purpose of trading with the natives. Trusting that Russia would renew the aforesaid article of the Treat}', the Aperican Government was unwilling to f ullill Baron Krudener's request, upon the ground that any announcement concerning the question would be superfluous, inasmuch as every American Captain should have cognizance of all provisions of the existing treaties and is therefore bound to know, that he had no longer the right to approach the coasts of our American dominions. In refuting this objection, Baron Krudener cited the cases of the Captains Snow & Allen who, notwithstanding the expiration of the term of ten years, wished to sail as before from Novo-Archangel into the straits declaring that they had not been informed by their Govern- ment of the fact. On our Ambassador's urgent request an announce- ment (a translation of which document is hereto annexed) was at last inserted in the American newspapers in regard to the expiration of the term mentioned in Article IV of the Treaty of 1824, relating to the navigation of American ships in the waters of the Russian colonial possessions. Supposing that our Government would use some severe measures against those American captains, who, notwithstanding this notice, (should sail into our shores as before, the Secretary of State, Mr. Forsyth, asked Baron Krudener in a note, — (the translation of which is hereto annexed) to inform him how the}^ would be treated in such cases, in order that the United States might likewise consider the measures to be taken against Russian subjects, in case the clause of the Treaty should not be renewed. Now the American Minister, Mr. Wilkins, has officially proposed to me the renewal of the fourth Article of our Treatv concluded with the United States on April 5/lTth, 1824, for ten years more or for an indefi- nite time. I, therefore, apply to you. Sir, begging you to give me 3'our opinion on this subject. In case you should find it against the interests of our Government to renew the right of navigation which American ships enjoy in our dominions in North America, I find it advisable to draw your atten- tion to the aforesaid question of the Secretary of State Forsyth con- cerning the measures which would be taken against such American captains as, notwithstanding the expiration of the term, should arbi- trarily sail into our straits; and 1 beg 3'ou, Sir, to inform me what answer I am to give upon this sul)ject to the American Government. You know. Sir, that a similar convention was concluded in 1825 with the Government of Great Britain concerning the navigation in our dominions in North America, although the British Government has 246 PAPEES RELATING TO RENEWAL OF not yet taken any steps lookino- towards the renewal of this Treaty, it is to be supposed that the London Cabinet is likely to make a similar proposition, in case Russia consents to renew the Article with the United States. As Eng-land has already renewed in 1827, for an indefi- nite term, its convention with the American Government concluded October 20, 1818, g'overning the rights of navigation of their respec- tive subjects along the north-west coast of America, it will most likelv wish to do the same with us. (Signed) Count Nesselrode. October 30, 183.5. Mr. 117/Z///.V to J/,'. lorsi/tL Xo. 16.] Legation of the United States, . Sf. J^efershun/^ Decemher 11^ 1835. * « ■ * * * * * Sir: As I anticipated, when I last wrote, I held with Count Nessel- rode, at the foreign office, on Monday last, the 7th instant, a personal conference upon my proposition to renew, either indefinitely or for a term of 3"ears, the fourth article of the treaty of April, 1824, and I regret to be compelled to sav that, in this eflfort, at all events for the present, I have been unsuccessful; and I presume the overture will be finally altogether rejected, unless some new and, to me, unforeseen circumstances turn up. I was well aware that I should have to encounter the decided oppo- sition of the Kussian American Fur Company; and in presenting the subject to the vice-chancellor in the various lights in which it struck my mind, I took the ground that it was not a mere interested and selfish question of gain in the traffic upon the northwest coast, l)ut one of a higher character, involving political and national considerations; that whilst I was ver}^ willing to admit the more active conmiercial enter- prise and superior shipping of the citizens of the United States, yet this was a question not to ])e decided by such circumstances, but should turn upon the consideration of our national good will and our amicable and disinterested reciprocal intercourse. * * * Inasmuch as it seemed to me, by the language of your instructions, that you preferred an indefinite revival of the fourth article, I drew up, to that eli'ect, the form of a treatv, following, as a precedent, the articles of our convention with England of the 6th of August, 1827; which I submitted to, and, at his desire, left in the possession of Count Nesselrode. A copy is herewith transmitted. At the close of the conference, I requested Count Nesselrode to give me his repl}' in writing. He acquiesced, and accordingl}^ sent me his official note, dated on the 28th ultimo (old style), and a copy of which 1 have also the honor to incdose to 3'ou. During our conference, I did not feel mj^self authorized to call the attention of the Imperial minister to what might, or probably would ])e, the construction by the L^nited States upon the treaty, with the fourth article extinct; nor what rule of the law of nations w^ould be considered as applicable to the case, and controlling the trade upon a wild and extensive Aujerican coast, of a great and open ocean, and still, with the exception of a very few posts at a vast distance from each other, in the rightful occupanc}' of the natives, and to which, 1 TRADING PRIVILEGE OF UNITED STATES. 247 believe, the .sovereignty of Russia has not \'et, in any treaty or con- vention, been admitted. 1 found, also, upon turning to the treaty of 1825, between Russia and Great Britain, subsequent to writing- my note of the 1st (13th) of last month to Count Nesselrode, that my reference therein to the first and eleventh articles of our treaty of the (Ith (18th) December, 1832, with this country had no bearing upon and was inapplicable to the question I was then discussing; because the stipulations in theii' treaty with Great Britain, similar to that contained in our fourth article, were like- wise limited to ten years, and had expired in February last. At the interview on Monda}' last I gave this explanation to Count Nesselrode, who answered my observations b}' saying that England had not yet ap- plied for a revival of the mutual privilege, and if it should be agreed to with that power, would, of course, and of right by treaty stipulation, be immediately given to the United States. As the answer I have received is of a positive character and cannot be evaded by me, it in reality postpones this question until late in next summer — in all probability until the autumn — because the voyage is one of several months — and Governor Wrangell will not leave the North West Coast until the opening of the navigation next season. Indeed, 1 believe, it is well understood that he is only now ordered home, in consequence of the affair which occurred in 1834, under his administration, with a vessel of the British Company and which is substantially detailed in the annexed publication taken from the Eng- lish newspaper *■' The Times". ******* I am informed that our vessels generalh^ trade between latitudes 50- and 57°, and, occasionally, go still further north. The Einglish are al- Avays to be found on the coast, have trading-posts established along it, some of which are south of latitude 54° 40'. The principal establishments of the Russians are called Sitka and New Archangel, towns situated upon adjacent islands of their respective names, otf Norfolk Sound, and in latitude 57° north. Archangel is their chief place, where they keep up a garrison, established in 180< >, of about seven hundred men. They have other trading-posts, and two or three small garrisons between Behring's Straits and Sitka. In the winter sea- son, when their people are all collected at the posts upon the coast, the}' amount to about two thousand. They now build vessels upon the coast, and are increasing the number. Last year they had four or five ships of a l)urden from 175 to 250 tons, and seven or eight sloops, or smaller vessels, of about 100 tons each. * ***** * I have, etc., William Wilkins. [Inclosure 1.] Draft of a convention, reneiring indefin'delij the fuurth article of tlie treatji of the 5th {17th) of April, 1824, between the United Statea of America and the Emperor of all the Bumas. Art. I. The provisions of the fourth article of the convention, concluded between the United States of America and His Imperial Majesty the Emperor of all the Rus- sias on the .ith (17th) of April, 1824, shall be, and they are hereby, renewed and indefinitely extended and continued in force in the same manner as if all the pro- visions of the said article were herein specially recited. 248 PAPERS rp:lating to renewal of Art. II. It shall be competent, however, to either of the high eontracting parties, in ease either should think tit, at any time after the 1st day of January, 1837, on giv- ing due notice of twelve months to the other party, to annul and alu'ogate this con- vention, and it shall, in such case, be accordingly entirely annulled and abrogated, after the exjHration of the said tei-ni of notice. Art. III. Nothing herein cdntained shall be construed to impair, or in any manner affect, further than is expixssly declared above, any of the provisions or stii^ulations contained in the aforesaid convention of the 5th (17th) of April, 1824. [Inolosure 2.— Translation.] Count Xc'ftselrode to Mr. Wilkinn. St. Petersburg, Korember £8, 1835. The Imperial Government having taken into consideration the proposition made by that of the United States, to renew the fourth article of the convention of 5th (17th) of April, 1824, has been convinced that it was impossible to pronounce upon that subject until information had been received from the j^laces where the said article would be enforced, sufficient to authorize an opinion upon the propriety of such a measure. The Imperial Government can not, however, expect to receive such infor- mation until towards next spring, wdien it may be obtained from some of its officers, whom a long residence on the northwest coast of America has enabled to become well acquainted with the interests and wants of the Russian establishments in those countries, as well as the influence already exercised upon their prosperity by the provisions of the said fourth article. ****** * Nesselrode. Ifr. For.^yth to Mr. Dallas. No. 2.] Department of State, WasJi l.ngtcm , Ajjril 19, 1837. Sir: I am directed by the President to invite your early attention to the subject of the Ith article of the convention of April, 1824, with Russia. This article secured to the vessels of the contracting- parties the reciprocal rig-ht of freciuenting for the purpose of fishing and of trading with the natives, the interior seas, gulfs, havens, and creeks upon the northwest coast of this continent. Its stipulations were limited to the term of ten years, and expired in 1834. In the follow- ing year this Cxovernment having been reminded by the Russian minister here of the expiration of the term limited in the article, instructions were given to Mr. Wilkins in July, 1835, to which you are particularly referred, to offer a proposition to the Government of his Imperial Majesty, for a renewal of its stipulations, either for an indefinite period or for a term of years; and, if serious objections were entertained on the part of the Russian Government to entering on such negotiation, Mr. Wilkins was requested to obtain precise information in regard to the measures adopted, or proposed to be adopted, by his Lnperial Majesty, in regard to the admission of vessels of the Ignited States into the harbors, bays, and rivers of the Russian settle- ments on tlie northwest coast of America, in order that corresponding regulations, if deemed necessary, might be adopted by this Govern- ment. Under these instructions, the subject was accordingly pre- sented to Count Nesselrode in November of the same year, and in I)eceml)er following a note was received from him acquainting Mr. Wilkins that the Imperial (iovernment thought it expedient to post- TRADING PRIVILEGE OF UNITED STATES. 249 pone a decisive answer to the proposal of the United States, to revive the stipulations of the 4th article of the convention of 1824, until the arrival of some of its officers from the northwest coast, who would be able to furnish such information on the subject as would authorize an opinion upon the propriety of the measure. Since the receipt of the note last referred to, no further step has been taken by this Govern- ment, or its diplomatic representative at St. Petersburg-, in relation to the matter in question. The arrival at that capital, during* the last summer, of the Baron Wrangell, formerly Governor of the Russian possessions in North America will have attorded the Government of his Imperial Majesty an opportunity of obtaining the information desired. It is, therefore, the wish of the President that, as soon as convenient after youi arrival at your post, you should remind the Count Nessel- rode that no definitive answer has yet been given to the communica- tions of Mr. Wilkins on the subject of the renewal of the 4th article of the convention of 1824; that a decision is anxiously looked for, and that the hope is entertained that his Imperial Majesty's Government is now prepared to take a favoral)le view of the proposition. In execut- ing- this duty, however, it will not be necessary to repeat the call for information as to the regulations which, in the event of a refusal to renew the 4th article of the convention, his Imperial Majesty's Govern- ment may propose to apply to the vessels of the United States frequent- ing- the Russian Settlements on the northwest coast. Such official inquir}' may very properh^ be suspended until j^ou shall have ascer- tained that some measures afl'ecting- our intercourse with those posses- sions have actuallv been adopted by the Russian Government, in consequence of the expiration of the 4th article of the convention. I have, etc. John Forsyth. The despatch No. 2, April 19, 1837, from Mr. Forsyth, Secretary of State, to Mr. Dallas, United States Minister in St. Petersburg, was followed by a dispatch from Mr. Forsyth, May 4, 1837, to Mr. Dallas, instructing him to present to the Russian Government the claim for indemnity of the American brig Loriot. This vessel had sought to land in August, 1836, at one of the islands west of Prince of Wales Island, about latitude 54° 45' north, for the purpose of intercourse and trade with the Indians, and had been driven awaj^ l)y a Russian armed brig and her voyage defeated, on the ground that the ten years' privilege of trade granted to American vessels under article four of the Treaty of 1824 between Russia and the Unit(!d States had expired. The correspondence respecting the renewal of the ten years' privilege and the claim of the Loriot for indemnity, which will be found in Senate Ex. Doc. 1, 25th Congress, 3rd. Session and reprinted in Senate Ex. Doc. 106, 50th Congress, 2nd Session, was concluded in 1838 by a declination to renew the ten years' privilege and by a denial of all responsibility for damages on account of the Loriot. 250 PAPERS RELATING TO RENEWAL OF NOTICE ISSUED BY THE UNITED STATES GOVERNMENT IN 1845. [I'lililishc'd in Fur Seal Arbitration Papers, Congressional edition, Vol. 2, Appendix Vol. I, Case of the United States, p. 91.] United States of America. Department of State. To all whom these presents shall come, g-reeting-: I certify that a notice, of which the annexed is a cop}^ was, at the direction of this Department, published on the 26th day of September, 1845, in the Daily Union newspaper of the city of Washington. In testimon}^ whereof, I, John W. Foster, Secretary of State of the United States, have hereunto subscribed my name and caused the seal of the Depai'tment of State to be affixed. Done at the city of Washington this 1st day of August, A. D. 1892, and of the Independence of the United States of America the one hundred and seventeenth. [seal] John W. Foster. Department of State, ]Vas/u'?)(/ton, Se/)temher 36, 184^5. The Russian Minister at Washington has informed the Secretary of State that the Imperial Government, desirous of affording official pro- tection to the Russian territories in North America against the infrac- tions of foreign vessels, has authorized cruisers to be established for this purpose along the coast l)y the Russian -American Company. It is, therefore, recommended to American vessels to be careful not to violate the existing treaty between the two countries, by resorting to any point upon the Russian American coast where there is a Russian establishment, without the permission of the governor or commander, nor to frequent the interior seas, gulfs, harbors, and creeks upon that coast at any point north of the latitude of 5-4-^ -10'. PAPERS RELATING TO RUSSIAN OCCUPATION UP TO THE CESSION TO THE UNITED STATES IN 1867. Memoranda on Russian 2Liria<: Map on file !n the IlydrograpJiic Department of the M'tnlstry of Marine at St. Petersbimj. MINISTRY OF MARINE. H vdrograph ic Department. No. 2629/2223. [Translation.] MARINE MAP. Marine map of the northeastern part of Asia and northwestern part of America, from the port of Okotsk to Kotka, including- the western part of America, from Cape Alais till Cape Chiricov, discovered and annexed to the Russian Empire by the notable citizen Gregory Scheli- kov in the years of our Lord 1782 and 1788. The most important pla^-es are shown minutely under diU'erent numbers at the end of- this map. BRIEF CONTENTS RELATING TO THE ANNEXION OF AMERICAN LANDS. Gregory Schelikov like other Russians had often been sailing from Okhotsk to the Aleut Islands, and ])ackwards, returning- with cargoes of furs. In the year 1782 he was the tirst who had the boldness, with- out landing- at the isles Aleut, to sail further towards the East, hoping- to find some unknown lands and tribes, and to obtain benefit by making- exchanges of goods. Continuing- his way passing- by Alais, he per- ceived before him tirm land, entered its bay and named it "bay of the Tri Sviatitelia" (three saints). There he learnt that this land is a large island with some other smaller ones, named Kikhtan (no 1) that it lies not far from the mainland of America, and that the inhabitants of this island and of the mainland coast are called Keniagui; that they are sub- jected to nobody, having- no king or chief, but are ruled only by the eldest of their families, who assemble on great occasions and hold councils. He exchanged his wares for furs, treated the natives very friendly, honoringtheir eldest with little presents, consisting- in colored glass l)eads, and brought the whole tribe — about 30,000 in number — into the subjection of Russia; and, as this tribe was at this time at war with neighboring- tribes called Kenites and Choochachees, he (Sche- likov) caused them to make peace and be friends, and made presents to all that were present at the peace-making feast, the presents con- sisting in glass-beads and cheap sundries; and then he brought also the Kenites and the Choochachees into Russian subjection. All these tribes showed great respect and unlimited obedience to their paciiica- 251 252 PJkPERS RELATING TO tor, and he was much pleased by that and remained over winter; and in order to make them more tirm in their devotion to Russia, he founded a school for the native's children, causing- them to learn Russian scrip- ture, arithmetics and music, appointing- to that purpose part of his own i)roperty. After that he discovei'ed in the noi'th-eastern corner of Kikhtan, in St. Paurs bay, a very good harbour (No. 2). In the year 1788 on May the 1st, Schelikov taking with him stores of various wares useful to the natives sailed from the island Kikhtan, on board his galiot, to the main-land of America. On May the V men, of which many had white faces and light hair; which led to suppose that they were descendants of the pilot Dementiew^ and twelve men of the crew^, left on shore by the captain Chiricov, an D. 1741. The said Toune was received very friendly, entertained, presents were given to him, and, after some conversation, he consented, with his eldests to become subjected to the Russian C'rown; on which decision he was presented with the insign in copper of the Russian double headed eagle, to be worn on the l)reast. On June the 10th, the toune came again, wearing the Russian insign sown on his beavin- mantle. He had brought with him his artist, and asked permission to take exact copies from the portraits of the Impe- rial Family, which were hanging on the cabin-walls; and this desire of the toune was satistied by the said portraits being given to him; which present he accepted with great joy, the same ])eing displayed, as usual RUSSIAN OCCUPATION UP TO 18()7. 253 there, by means of loud shrieks and great clamours: after which, in token of his fidelity, he oft'ered an iron paw, or clutch like that of a raven, which is held sacred by these Kolujees, as an idol. On June 18th, a copper plate was dug into the ground, bearing the mentioned inscription. The exchange was carried on till June the 21st on which day the galliot sailed off, the Kolujees following, asking with great insistence to come next summer and do trade with them. On June the 21st the voyage continued towards South-east. On July the 3rd entering a bay, Schelikov learnt from the natives com- ing to do business that it is named bay Ltua, and the tril)e living there Kolujees; from this bay southwards till cape Chiricov where the pilot Dementiew with several sailors had been left on shore, the distance is 78 versts; this cape — as shown by Russian and newest French maps, drawn according to the travels of Cook, de Lapeyrouse, Dawson and Mear — lies on the 56'^ of northern latitude. On July the 9th came with several boats a toune-taikoon-tekhtuial, subject of the toune-ilkhan, and was also received verj'^ friendly and entertained; presents were given to him and he was brought to acknowledge his subjection to the Russian Crown. Among other sundries he received the ensign made in copper of the Russian eagle to be worn on the breast. Trade was carried on till JiUy the 5th. and on that day a cop- per plate was again put into the ground. On rluly 9th the return voyage began sailing back to island Nykhtan; wdiere they arrived on July the loth. On examining the stock of furs obtained by way of exchange, Schelikov found that its value amounted to half a million of roubles, and was astonished not so much at the great benefit obtained, as at the subjection to the Russian Crown of so man}^ tribes, by such easy and simple means. On sound reflection he understood that all that occurred so by God's will, deigning to favor the elevation of Russia to glor3% because every where Russia's name has been pronounced, there the populations with eager readiness obe^^ed and recognized subjection. In the year 1794 Schelikov received by Imperial order the grant of an archimandrite with clergy and ten families of peasants appointed to settle on the mainland of America (No. 7) and on the 18th Kurile Island (No. 8); thes'^ for the beginning were forwarded at his Scheli- kov's charge to the island Kikhtan and settled near St. Paul's harbour (No. 2), where a fortress, a church and houses were built. Now, more than 7000 Koniaguis and a great number of Kenaitzy and Choochachees are converted to the Christian faith. In the year 1795 on June the 20th, Schelikov died, leaving the busi- ness founded by him to be continued by his heirs. Particulars concerning the composition of this map in the year 1795; the north eastern part of Asia, with the Kamchatka, the Aleut islands and the Kuriles islands, was drawn from Russian maps; the north west- ern part of America from cape Alais till the Arctic Ocean — from a map of Mr. Kuhn; from cape Alais till the gulf Ltua — from Schelikov's maps; from gulf Ltua till cape Chiricov — from Russian and newest French maps; from cape Chiricov till Kotka, drawn from the same French maps. 254 PAPERS RELATING TO YoyiKje of hmallof. [From Account of the Paissian Piscovcries, l)y William Coxe, London, 1803.] Period III. Chap. 3. Quit Prince Williuiii's Sound — Stoev to the Island Atchaka. or Van- couver's Middleton's Island — Kill a Cliief \yho attempted to assas- sinate one of the Russians — Sail to Koiack or Kaye's Island — Description — Proceed along- the American Coast — Visited by the Natives — Anchor in the Bay of Yakutat, or Port Mulgrave — Description of the Dwelling-s, Manners, &c. of the Inhabitants — V^isited by the Chief Ilchack. By these eti'orts the galliot was drawn into the bay" and from thence into a small harl)our which lies on the eastern side. Here we anchored not far from the shore in ten fathoms on a sand}" bottom, opposite to some habitations of the natives. But as this situation was not judged sufficiently safe, we towed the ship into an adjacent harlwur smaller, but more secure, called in the language of the counti-y Yakutat; on the 12th at four on the morning-, we anchored in twelve fathom on a muddy bottom. During our stay in these parts we carried on a friendly traffic with the natives. Their scattered habitations are square, the outside made of earth, and the inside of wood; the top is covered with the bark of firs, and provided with square opening's in the midst of the roof, w^hich serves the i^urpose of a chimney. The wooden part is made by driv- ing into the ground four poles of about two arshines in height, to which cross-beams are fixed. The roof is sloping and formed of planks, resting- on the cross beams, which meet in the square opening-. The entrance is on the side, and instead of a door is covered with mats twisted from grass and other materials. The greater part of the inhabitants had quitted their winter huts, and for the purpose of procuring provisions, were gone out in canoes and boats, which resemble those used at Kamtchatka. These people bear the name of Koliuski, and fix their dwellings on the banks of the difterent rivers. Besides an inferior Toion, they are all subject to a superior Toion, who is called Ilchak. We were informed by the natives that this Toion, w4th one hundred and fifty of his subjects, exclusive of children, visited this place in baidars. He has two sons, whose names are Nekchut and Chink, and his principal residence is on the coast to the south east, much farther than the great river Tschit- iskat. It borders on the frontiers of the people called Tfchitskanes, who, like the Koliuski, are at enmity among themselves, and often assault each other. This Toion rules over all the Koliuski, who inhabit the coast, as far as the bay of Yakutat, which is the last place in his dominions. This bay is frozen later than the end of Julv. According to. information from the natives, it receives two considerable rivers; and at the departure of the ice is frequented by many sorts of fish. «The outward bay seems to be Dixon's Adiniralty Bay, and Vancouver's Beering's Bay; the inner harbour, or the bay of Yakutat, Port Mulgrave. La Perouse calls it Baye de Monti. Vancouver mentions that a party of Russians, with nine hundred natives of Kadiak and Cook's Inlet, had extended their excursions to Port Mulgrave. Vol. 3, p. 206. RUSSIATSr OCCUPATIOIN^ UP TO 1S67. 255 The islands and shores of the bay al)ound in the same trees as are to be found near that river whose mouth was frozen, and which we before visited. «■ -X- «- -K- * * * On the loth of June, llchak the Toion of the Koliuski, came to the ship, in compan}' with a native artist, who painted according- to their fashion, on wooden planks and other materials. Being admitted into the cabin he was much struck wnth some portraits, and requested a par- ticular description of thg persons whom they represented. Although we had already given the Toion and his subjects an account of these august personages, we again gratilied his wishes. '"One of these is, the portrait," we said, ''of her Imperial Majesty, the all-gracious, and all-powerful Sovereign of the great liussian Empire. The other rep- resents the Great Duke, her successor in the Russian throne, and his wafe, the Great Duchess. The remainder are the resemblances of the Great Dukes and Lords, their descendants. Numerous people who inhabit the vast extent of the Russian P^mpire submit to the power of these illustrious personages." The Toion heard this explanation with veneration and astonishment, and we strengthened this impression bj^ adding, "the Russian monarch and her successor are extremely gracious, and diffuse in their blessings among innumerable people. They also pay indefatigable attention to the welfare of all those nations who border on the Russian Empire, and have no protector; employing all possible means to preserve them in content, peace, and security. The Russian protection extends even to this district, to such a degree that no strangers would venture to give the smallest molestation to so favoured a spot.'' As a still furthei proof that all this part of the American continent and islands enjoyed the protection of the Russian Empire, one of the copper coats of arms was produced, and after a suitable compliment delivered to the Toion. He w^as requested to wear it upon the fore-part of his garment, as it would serve as a mark of hdelity, and protect his subjects against all foreign ships. The Toion having listened with attention to these representations, received the coat of arms with extreme joy, and returned to his habitation. On the 16th the Toion paid another visit to the ship, in company with two elders; he wore on his sea-otter mantle the coat of arms fastened with red serge, which he had before received from us. After many compliments he earnestly entreated that in memorial of the great successor to the Imperial throne, he might be gratitied with one of the portraits which he had seen in the cabin, and as there happened to be on board two engravings of the Great Duke, one of them w^as delivered to him, with this inscription in the Russian and German languages: ''His Imperial Highness Paul Petro^'itch, successor to the throne of all the Russias," and *' Sovereign of the Dutchy of Holstein.'' Above was also written : In June, 1788, the Factor of the company of Golikof and Schelekof, the pilots Geraffin Ismaelof, and Dimitri Betscharof, of the galUot, the Holy Fathers, with forty men, being in the bay of Yakutat, carried on a considerable traffic with the Toion Ilchack and his subjects the Koliuski, and finally received them under the protection of the Russian Empire. As a memorial of these events, we gave the said Toion a Russian coat of arms, on copper, and this engraving of his Imperial High- ness the successor to the Russian throne. Orders are hereby given to all Russian and foreign ships sailing to this place, to treat this Toion with cordiality and friend- ship, without omitting the necessary jirecautions: the said pilots who anchored here in the galliot from the 11th to the 21st of June, experienced from the Toion and his people, the most friendly behavior. 256 PAPERS RELATING TO After writing- thi-; inscription, the portrait was delivered to tlie Toion, who rec^sived it with extreme satisfaction, and as customar}^, with an extatic shriek. As a proof of his subjection to Russia he gave on his part an iron imige of a crow's head, which he considered as sacred; a bag wove from grass, and striped with various colours; six sea-otter shirts, also a leathern and wooden table which were painted with divers colors, and inlaid with stones. After remaining a considerable time on board, the Toion and the elders returned on shore. On the 18th of June the Russians landed and l)uried another copper- plate in a place which was accurately specified; and as from the infor- mation of ths natives the place abounded in fish, they remained on the place to the 21st, to lay in a sto3k of fre^h provisions. Th<; TlriiMt Indians. [Historical review by Dr. Aurel Krause, Jena, 18S5.] [Translation.] [Page 39.] Forming of a company in 1781 by Gregor Schelechow and Ivan Golikow with the avowed purpose of reviving the fur trade. Equipping of three vessels at Ochotsk where the former embarked for the coast of America and took possession of Kadiak Island. Ukase of Empress Catharine in 1788 guaranteeing protection to the company and a second ukase in 1790 remitted the annual tribute which the natives have been paying. * * % * -x- * * In 1790 Alexander Baranow, a merchant of Kargopol, went to Kadiak to continue the exertions of his friend Schelechow, succeeded by his wonderful activit}' and soon came in contact with the Tlinkit or Kaloshes, as the Russians call them. Prior to this the Greek Dela- row, manager of Schelechow's Company, had sent out two men, Ismailow and Botocharow to explore the American Coast and In-ing the natives under Russian rule. On Yakutat Bay they found Chief Ilchak who belonged at the great river Tschilkat, but who had come to the bay with a number of his tribe for the purpose of trading. As a token of his sul)mission the Russians bestowed on Ilchak a copper Rus- sian coat of arms and a likeness of the heir to the throne which bore the inscription in Russian and German: In the year 1788 in the month of June the seafaring men of the Galikof and Schelechof company, Ismailof and Dmitrii Botcharof happened to be on board their vessel with a crew of 40 men in the bay of Yakutat where the inhabitants have a different religious creed, and where the Russians had loving and friendly social intercourse with the native chief Ilchak and the Kolosh people that owe him alle- giance, and the Russians had considerable commercial dealings with them and at last induced them to come under the protection of the Russian throne as a token and in commemoration of which they bestowed upon said chieftain a copper Russian coat of arms and this copper print r(]irr>ciitinii- His Imperial Highness the heir to the Russian throne. Therefore all w ho may come here in Russian or foreign ships are a(hnonished to treat this Chief Ilchak loviugly and amicably, using precautions which every one has need of — said seafaring men who were here in their vessel from June 11 to 21, observed no sign of mischievous conduct on the part of the chief and his people and went safely to sea again. RUSSIAN OCCUPATION UP TO 1867. 257 On their exploring- the country, the Russians arrived at the Rivers Antlin, Kalcho, Altsech and Kakanin names which they learned from Kolsoch boys that were with them and landed finally in the Bay of Litaja. The chief who ruled here, likewise received a Russian coat of arms and as a token of Russian sov^ereignty over the country a copper plate was set into the ground, Baranow himself first met with the Tlinkit in 17l>o. He with a few followers and a small number of Aleutians had gone in leather canoes to the Tchugatschian Bay in order to become acquainted with the natives, when he was attacked by Yakutat Koloshes who were on the march against the Tschugatsch Indians for the purpose of making- war on them. The Yakutat in the darkness of the night had no idea of the presence of Russians — Before the combat was ended each side had lost heavily. In 1795 Baranow sailed in the ship **01ga" to Yakutat Bay, estab- lished amicable relations with the natives, and with great eclat planted the Russian flag on the shore and then continued on to Tschilkat Bay with 30 men where he in every possible place had crosses erected with the inscription: "''This Land is Russian Territory". In 179(3 Baranow repaii-ed again to Yakutat Bay and during a two months sojourn founded a Russian colony which he named "New Rus- sia". The most eminent of the native chiefs paid Baranow a visit and ofiered as hostage some of his own children and other relatives. Schelechow's death occurred in 1795. The Russian American Co. was accorded extensive privileges by ukase of Emperor Paul, for 20 years, including- the entire coast north of the 55th degree of N. latitude. Baranow remained Director of the Colonies any. February 27th, 1830. No. 175. Excellency: The Board of Directors of the Russian-American Company has recently received a report from the well-kiiown Hud- son's Bay Company of F^ngland. This report refers to two subjects: (1) The Hudson's Bay Company, wishing to estal)lish a trading sta- tion on the British territory near our colonies, but fearing opposition ;ian-American 262 PAPERS RELATING TO Company to join them in preventing the sale of tire-arms and to ren- der mutual help at any time during attaeks by the natiVes. (2) Because of the ditiiculties which the Russian- American Com- pany has encountered up to this time in providing its colonies with all supplies, the Hudson's Buy Company expi'esses its readiness to furnish all such supplies to the said colonies at reduced prices. The Board of Directors presented this report for the consideration of the Council of the Russian-American Company who after having considered it, resolved, in their mitmtes dated February 2oth last, as follows: 1st. In regard to the first subject to say to the Hudson's Bay Com- pany that the Russian-American ('ompany, guided by the Convention of February 2Sth. 1S25, between Russia and Great Britain has strenu- ously forbidden the sale of tire-arms and spirits by the Colonial authorities to the natives and will most strictl}^ maintain this rule. The Hudson's Bay Company is requested to issue a similar order on their side. As to the last subject the Board of Directors of the Rus- sian-American Company acknowledges with many thanks the otJ'er of the Hudson's Bay Company and will permit itself to consider the mat- ter further and to give the Hudson's Bay Company a decisive answer later. 2. To present copies of the Hudson's Bay Company's report and of the same journal of the Council to Your Excellency on account of the importance of the subject and also because the tirst part of the Hudson's Bay Company's report refers particularly to the manage- ment of the Colonies. Accordingl\% the Board of Directors of the Russian-American Com- pany has the honor to present the said documents for Your Excel- lency's consideration. Andrew Severin, J)u'et'tor. To His Excellency Count Egor Franzovitch Kankreen, Jliv/'ste/' of Finance, etc. MaiuKjei' Druj'mht to ^L/nistry of Fiii. 190). [Translation.] Having received a considerable supply of merchandise on the char- tered vessel Cornarron and the military transport America in the fall of 1832, I was enabled to enter into direct communication with the Kolosh of the neighboring straits, sending a vessel to their settlements and endeavoring to establish a settlement on an advantageous point for this trade. Cruising in the straits is frought with difficulties in autumn and winter, therefore having awaited in the spring of 1S38. the arrival of the Assistant Governor of the Colonies. Captain Etholine, from Cali- fornia, 1 detailed this officer to prepare the brig CJilehagofioY crusing in the straits, to put it on a war footing, take merchandise on board, and to navigate over all the principal parts of our straits, to get acquainted with the localities, the inhabitants and the mode of trade with them and report to me on all these points. 266 PAPERS RELATING TO The brio- CMchayoff sailed on April 3 and returned by a new, 3^et untried route throuo-h Peril and Olg-a straits on ^lay 2t'). Captain Etholine t'ultilled the mission entrusted to him with his usual skill and foresight, laid the foundation of our present possession of the trade in the straits whieh was, so to say, monopolized by the citizens of the United States and the Hudson Bay Company. 1 enclose herewith the originals of his reports, as well as his memorandum of travel. On account of the war waged between the inhabitants of Stachin with the Sitka and Chilkat Kukhantans, it was not easy to gain the contidence of this people; but the trade in river beavers in Stachin seemed sutiiciently important for us to endeavor to get better acquainted with the inhabitants of those regions, in whicii Mr. Etholine fully suc- ceeded and ascertained even their readiness to allow us to settle among- them. Having found out that the British Hudson Bay Company intended to settle there likewise by invitation (according- to the Con- vention the British have a right to settle at a distance of 30 Italian miles from the sea on the river Stachin and to navigate freely on the river), I decided not to lose time and immediately ordered the send- ing- out of brig- Cluchagoff under command of Lieutenant Zarembo, after her return from an expedition in quest of islands, to Stachin, with the provision that the brig should remain there to winter and that the construction of a redoubt should be proceeded with, after obtaining permission from the natives. In obedience to this order Lieutenant Zarembo left Novo-Archang-elsk on August 28 and returned on March 8, having- discovered a direct com- munication with Prince Frederick Sound, by means of which and the Olg-a strait the distance between Stachin and Novo-Archangelsk has been shortened so that brig- Ohichagof made this route in 7 days, all stoppings and laying in wait for favorable winds and currents included. Mr. Zaremljo fulfilled my expectations, rendered firm our friendl}" relations with the Stachins, founded the redoul)t and brought back over one thousand furs of river beavers and otters not including others. 1 enclose herewith an extract from his report. -x- * * -x- '.i -:r * The unfinished buildings were left in the care of the toens and as a proof of their friendship to us one toen and the son of another, the chief toen, arrived here on board the CIi!cJiag(>ft'. These guests were received by me in the best manner possible and will be taken to their homes on board the brig Chichago^f which will sail under command of Lieutenant Zarembo, to the straits and to Stachin in May for the purpose of completing the buildings, trading- and awaiting to f)e relieved by schooner Cli'dkat, now in cc^nstruction and which I intend to send under command of Second Lieutenant Kuznetsotf to trade in Chilkat and thence to Stachin where she will have to winter for the greater safety of the new^ redoul)t. * * * * * * . * Merchants from the United States did not visit the straits during the past winter and our only rival is the Hudson Bay Company. Fortu- nately for us they lacked merchandise in Naas. but this will soon be set right 1)y extensive orders on the Sandwich Islands where the Governor of Columbia has sailed for the |)urpose of purchasing merchandise. * * * » * * * The greatest trouble I have now is tht' Hudson Bay Company which is allowed bv the Convention to navigate freely on rivers falling into RUSSIAN OCCUPATION UP TO 1867. 267 the sea in our possessions, for it is the region neiohboring- upon the rivers which furnishes us with beavers and not the coast, and 1 beg of you that should any other convention be signed (the term of tiie old ones having expired) you should solicit that free navigation on the rivers should at least be limited by the condition that free navigation to the British from the interior to the sea should not be forbidden, while free navigation from the sea up the rivers should be prohibited. Of course it would be best not to allow any navigation whatever, though I think that it will not be possible to manage it. However, this circumstance will depend upon diplomatic transactions and until fur- ther instructions 1 will hinder the British by force from sailing up the Stachin river. Report of Chief Tradtr P. S. Ogden of Transactions it Stiline, ISSIf, On the 18th June we came in sight of the Russian establishment on point Highlield, within a distance of 15 miles, when a Russian boarded us, and the officer not understanding the P^nglish or French language, we could only comprehend a few words of no import; he handed me a proclamation, signed by B"". Wrangell (for its contents see Procla- mation N. 1) and shortly after took his departure. About two hours after, as we were casting anchor, another Russian boat with a Russian officer boarded us, and by signs and with the assistance of an Indian interpreter gave us to understand, we must not cast anchor, but imme- diately depart. To this order 1 paid no attention. Having invited him down to the cabin, all I could comprehend from him was. that tliey were determined to use force against us and requesting me to write a note to the Conuuander (for its contents see No. '2). Having complied he took his departure. He had been scarcely gone an hour, when again a Russian officer in a baidarka boarded us. This gentleman also neither understood the French or English language, but was accom- panied by a Spanish linguist, with the assistance of Surgeon Tolmix, we could understand that the purport of his visit was mereW to repeat what the others had said. June 19th at 6 a. m. the Russian officer who boarded us last night, again attended b}^ his Spanish linguist, paid us a visit, the purport of which was to invite me to their establishment, informing me that an expres had been sent to Sitka and that we must not trade with the natives. To this I replied, that the treaty granted us the right of trade, and that some of the gentlemen would in the course of the day visit their establishment; he then took his departure. At 10 a. m. Surgeon Tol- mix and Captain Duncan by 'my request proceeded to the Russian establishment and at 12 o'clock returned and reported as follows. They found a Russian brig mounting 11 guns with a crew of 84 at anchor on front of their establishment, to which they were invited and Captain Sarembo the commander gave them to understand through the assistance of the Russian-Spanish linguist, that he would make use of the force he had against us, if we attempted to proceed up the river i in our boats; he did not deny we had a right to erect an establishment/ in the interior of the Englisli territory, but we had no right, to navi-/ gate these streights and his orders were to prevent us with the force 268 PAPERS RELATING TO he had under him and he would not deviate from them unless he received contrary instructions from Bon Wrano-ell. Shortly after their return, a Russian boat with a Spanish lino iiist arrived, and he informed me he was on his way to Sitka and requested to know if I would write? With this request 1 complied (see N. 3.); he said in 8 days he would ao'ain he here. June 21st. I this day paid a visit to the Russian estal)lishment and was politely received by Captain Sarembo, the Russum Commander. This gentleman understands a few words of English, and he gave me directlv to understand, that if we attempted to proceed up the river in our boats, he would use force against us. 1 represented to him that the treaty between Great Britain and Russia gave us the right of navigation; to this he replied: ''my instructions are to prevent you, and by these and not by the treaty shall 1 be guided.'' He then remarked: ''in live days my express will be here from Sitka and I shall then have the decision of the CTOvernor." We then separated. June 22d. The Russian Commandant Captain Sarembo paid me a visit and with the assistance of a Swede we have on board, he again gave us directly to understand, that if w^e attempted to proceed up the river or trade with the natives, he would use force against us. His instructions were to that eti'ect and that by the return of the boat from Sitka he would receive fresh instructions. He left with me by my request a written document in the Russian language, relative to the prohiljitions he has imposed upon us (see N. 4 3). My situation now is becoming not only more unpleasant, but I find myself most critically situated and assuredly at a loss how to act. If I attempted to act con- formably to the treaty, I am aware I should be justified, but 1 am tirmly of opinion, from the determination to oppose us so invariably expressed by the Russians, that it would be attended with the loss of lives. June 29th. This day the two Russian boats arrived from Sitka and I received an answer to my letter from C. P^toling (see N. 5 3) and shortly after 1 had an interview with Cap". Sarembo, who informed me he had not received any contrary instructions and was determined to prevent our proceeding, up the river; he at the same time remarked, he regretted his instructions from B°" Wrangell were to that etiect, but whatever the consequences might be, he was determined to enforce them; he then delivered to me document (N" 6 3). I have no alternative left, but to leave this quarter without making anv further attempt and however galling it is to be obliged to yield under present circumstances, I cannot act otherwise without sacrihcing lives, and I am tirmly convinced after all would not succeed. (Signed) Peter Skeene Ogden, H. B. C. [Inclosure No. 1.] Governor of the Riissiaii Anu-rieaii Colonies, Port Captain of H. I. M.'s Navy, Baron Wrangel doe.s hcrrby announce to Commanders of foreign ships that the Hon'''*^ Russian American ('Mnii)any's Brig "Tschitschagoff", captain Sarembo, and schooner "CheelKat", cai)tain Coosnetsoff have orders to take their stations in the straits within the territories of Rust^ia, tliat is to say northward of r>4° 40' latitude, where n<3 foreign ship or vessel has now a right to trade with the Indians, by vir- tue of a sanctioned Convention, concluded between His Majesty the Emperor of KUSSIAN OCCUPATION UP TO 1867. 269 Russia and the President of the United States, as well as with His Majesty the King of Great Britain, which convention the Governor of the Colonies hopes will not be violated by any English or American vessel. New x-^rchangel Port Sitka Sound, May 15/27th 1834. (Signed) Baron Wraxgel. [Inclosure Xo. 2.] Stikine, ISIli June, 1834. To the Superintendent of The Russian Estuhlishment — Present. Sir: The right of remaining here granted us by the Treaty of Commerce between Great Britain and Russia, we are determined to avail ourselves of and intend pro- ceeding ten marine leagues inland to erect an establishment. (Signed) Peter Skeen Ogden. [Inclosure No. 3.] Stikine, June :20th, 1S34. To Governor Wrangel, Of the Eussian Territories. Sir: Your proclamation dated 15th May 1834 from Sitka, prohibiting British ves- sels from trading in these straits is now before me, and 1 have to remark that my instructions from the Governor of the Honorable Hudson's Bay Co., residing in Columbia River, are to trade and form an establishment ten marine leagues inland, in accordance with clause 2nd, art. 4 of Convention entered into between Great Britain and Russia; and in regard to art. 6th of said Convention "that the subjects of His Britannic Majesty, from whatever quarter they may arrive, whether from the Ocean or from the Interior of the continent shall forever enjoy the right of naviga- tion freely and without any hindrance whatever, all the rivers and streams which in their course towards the Pacific Ocean, may cross the line of demarcation upon the line of coast described in art. 3. of said convention". And in regard to art. 7, which does not expire before February 1835, I am as a British subject and Representative of the Hudson's Bay Co. and in accordance with my instructions, determined to avail myself of; and should any impediments be placed in my way contrary to said Convention, You, Sir, must hereafter be respon- sible for the consequences. I have the honor to remain, etc. (Signed) Peter Skeen Ogden. [Inclosure Xo. 4.] [Russian tlocument, badly copied and undecipherable.] [Inclosure No. 5.] North West Coast of America, New Archangel Post. Sir: Having been informed by Lieutenant Sarembo, of the Imperial Russian Navy, commanding the Brig J!sc/h7.s"c/w/^o^' at present stationed at Stakineand belong- ing to the Russian-American Company, under the high protection of His Imperial Majesty, who, at the same time has just transmitted to me your letter addressed to the Governor of the Russian Colonies in America, Baron de Wrangel, that you intend entering the river Stakine, in order to establish a settlement in the interior of that country — I have the honor to inform you. Sir, that the Governor of the Col- onies being at this moment, absent from the Port of New Archangel, I cannot give you any positive answer in the matter, and thr)ugli by Art. () (if the Convention con- cluded on the I'S 16 of February 1825 between Their Majesties the Emperor of all the Russias and the King of Great Britain and Ireland, British snl)jects are allowed to enter the river Stakine, still in Article 2 of the same Convention, it is specifically stated that "the subjects of His Britannic Majesty, shall not land at any point where there is a Russian settlement without the permission of the Governor or Commandant, etc. ;" and, as communications between British subjects and their pro- 270 PAPERS RELATING TO jected settlement up the river Stakine must be made, now as well as in the future, across the place already occupied by us and situated within the limits of the Russian frontier, no permission can be granted for that purpose, unless it pleased you, Sir, before undertaking your project, (which besides, would be (luite contrary to the interests of the Russian- American Company and would entail its evident loss) to have a personal conference with the Governor of the Colonies whose return to New Archangel is fixed for the end of the month of August. In regard to Lieutenant Sarembo, Commandant of the ship stationed at Stakine and of our redoubt at that place, he is ordered to act exactly in the sense of Article II of the said Convention, \yhich, we hope, will be likewise punctiliously observed by British subjects. I have the honor to be, etc. (Signed) A. Etoline, Deputy Governor of the Russian Colonies i)t America. 26/14 June, 1834. To Mr. Peter Ogdex, Of the Honoruhle Company of Hudson Bay. Letter of Capta'tn Etlioline to Lieutenant ZarenJm^ June 13^ ISoIf. [Translation.] Dear Sir, Dyonisius Theodoroyich : I had the pleasure of receiv- ino- this afternoon your letter of the 8th instant and tomorrow morning when the men j^ou have sent will have rested a little, the}- will imme- diatel}^ start on their return trip with answers to vour despatches. I cono-ratulate you for the successful achievement of your work and 3"our trade with the natives, but the arrival of the British will probably cause you many delays. In any case I recommend strict compliance with the instructions given you by Baron Ferdinand Petrovich Wrangell, i. e. to impede with all your might the penetration of the British into the place already' occupied by us, as according to article II of the Convention they are not allowed to stop at those places without the periuission of the Gov- ernor or Commandant; however, I beg of you to see that you do not infringe article XI of the Convention. Should my letter and your pro- testations fail to convince Mr. Ogden and he still insists on penetrat- ing into the river, do not even then emplo}' force, but only announce to Mr. Ogden that he is breaking article II of the Convention and that article XI of the same Convention forl)ids vou to employ force against him, and that for this reason his action will be brought to the- knowl- edge of our Government and afterwards further to where it belongs, and that he, Mr. Ogden, takes too much upon himself if, in spite of our non-agreement, he decides to enter the mouth of the river Stachin, as this matter must certainly be decided by the Government or at least by the Governor of the Colonies. Having no one else I am sending j^ou Dalstrem as interpreter of the English language; although he is no professor of this language, still you will be able to make yourself understood by Mr. Ogden. Your news with regard to the favoraljle attitude of the Stachins towards us and their sentiments with regard to the settlement of the British are somewhat comforting. They certainly have full right to prevent the British from settling up the Stachin river as it will take away all their trade from them and the advantages derived from it. I will send tomorrow a courrier to the Commander of the schooner Chilhit Second Lieutenant Kuznetsof, with the order to hasten to RUSSIAN OCCUPATION UP TO 1867. . 27 1 Stachin, principally for the purpose of bringing to you as fast as pos- sible the interpreter Gedeon who is indispensa])le to you now for your transactions with the Kolosh, ******* Wishing you full success, with true respect and devotion I have the honor to remain, Sir, Your humble servant, (S'g'd) A. Etholixe. Port Novo-Akchangelsk, June 13, ISSIf. Instruction of Captain Etholine to Commander of hrig ^^ Chichagoff,'''' Lieutenant Zaremho^ June H^ ISoJf {No. 6). [Translation.] 1 have received your letter and report of the Sth instant and hasten to inform 3'ou with regard to the aliove, that, although according to article VI of the Convention, concluded on February 16 28, 1825, between their Majesties the Emperor of Russia and the King of Great Britain, we cannot prevent Mr. Ogden from sailing up the Stachin river for the purpose of establishing a settlement on the British fron- tier, as you have informed me in your letter, according to article II of the above mentioned Convention, the British are forbidden to anchor at points already occupied by us without the permission of the Governor or the Commandant, and I beg of you to act according to instructions by you received from the Governor of the Colonies, with- out, however, infringing upon article XI of the Convention. As regards the trade with the inhalntants of Stachin it is easy to under- stand that the British have no right whatever to carry it on because of our settlement there. I enclose herewith for your guidance a Rus- sian translation of a French letter written by me to Mr. Ogden and which I request 3'ou to forward to him; at all events I have ordered the Commander of the schooner Chilkat, Second Lieutenant Kuznet- sotf, to immediately hasten his arrival to Stachin where he will place himself at your disposal. With regard to his return to Novo-Arch- angelsk I beg of you to act according to instructions alread}^ received by you. I am sending back to you the whaleboat you sent me and I found it advisable to send you a six-oared boat with six men to reinforce your command; they are under boatswain Dalstrem who can be useful to you in your transactions with the British. Chief Trader Ogden to John McLoughtin. Fort Vancouver, Wth Decemher, 183If.. John McLoughlin Esq"". Sir: In conformity with your instructions dated Fort Vancouver 10th May 183-1 addressed to me to proceed to Stikine river which dis- charges in Clarence's Straits, to erect an establishment on British ter- ritories, ten marine leagues from the ocean, as l)y the right granted to 272 , PAPERS RELATINCI TO British .subjects in article 3 of convention between Great Britain and Russia. Having for this express purpose in fall 1833 with consider- able expense ascended the Stikine river and formally taken possession of a spot suitable for erecting- an establishment, I accordingly after consideral)le derangement of our affairs on the coast, attended with an enormous expense in goods and provisions and serious loss of time, collected a party of sixty-four servants and eight officers and reached Stikine River on the 18th June and I noAV l)eg leave to refer you to the enclosed documents for its not having been in my power to com- ply with your insti'uctions. 1 remain Your Obe't. humble Serv't., (Signed) Peter Skeex Ogden. [For copies of enclosures see 2s os. 1 to 5, Oo;(len's Report.] John MeLoiK/JiIrii f<> tJie Goreritoi', etc.^ of the Iludsoni's Bay Com, paiuj. Fort Vancouver, Columbia River, 17th March, 1835. To tlte Governor., Depntij (rorernor and Counnittte of the llonorahle Httdsoii's Bay Conq>any. Honorable Sir: On the 14th December Mr. Ogden arrived from the Northwest coast and I am sorry to inform you that the Russians have prevented Mr. Ogden forming the estal)lishment you directed us to build on the bank of Stikine river, and for which he had selected and marked out a situation in 1833, as you will see by the accompany- ing copy of the correspondence between Mr. Ogden and the Russian officers Capt. Sarembo. Etoline and Baron Wrangell, N". 1., and Mr. Ogden's journal. I will forward the originals for greater security by the way of York Factory, and I presume these documents will fully prove that our Rights have been violated by the Ru.ssian Authorities. In statement herewith is a detailed account of the expenses incurred in preparing and attempting to erect this establishment and in making preparations to extend the company's trade, according to your instruc- tions, in the British territory north of 54^ and which expenses are now entirelv lost to the company, by the unjust proceedings on the part of the Russians and Your Honors will perceive that the wages and expenses of keeping the men are calculated up to 1830 as they are under engagement, and I must also keep them until I have Your Honors instructions, which cannot reach me before that time and that I have limited myself entirely to charge only these with which we are acquainted here, and that there are other expenses which you are making in England for the purpose of extending the Trade (for instance the Steam boat mentioned in my last) which will be entirely lost if we are deprived of the right of extending the British Terri- tory north of 54°. There are other losses of which it is impossible to form an accurate estimate, such as the loss caused by \\\\ detaining the Eagle last fall later than you directed in consequence of the non-arrival of intelli- gence (as 1 already reported) from the coast, as Mr. Ogden would not have it. till he had seen Baron \Vranoell, the Governor of the Russian RUSSIAN OCCUPATION UP TO 1867. 278 settlements on the N. W. coast, so as to avoid every misapprehension in the point in question. The injury suffered by the derangement of the plans for extending- the trade to the territory in question is very great in being excluded from it, while the Russians reap all the advantage from it, as you may depend that all the land fur traded at Stikine and three fourths of these collected by the American coasters and us come from the British territor}" north of 54 . And last but not least the loss of character we sutler in the eyes of the Indians by being prevented by the Russians from erecting the establishment 'at Stikine, which we had told them in 1832 and 1833 that we would do and though the company sutlers the injury, still it atiects the national respectability in the eyes of these savages as they (without ever giving the least cause for it) consider us identified with our Govt., this supposition of theirs, 1 believe proceeds from the first British vessel they saw, being captain Vancouver's the cele- iH-ated navigator, and all the British vessels they have since seen, they consider them as Govt, vessels, and Your Honors may depend that it will now require double the number of men (to establish Stikine) that Mr. Ogden had: though I am well aware that your Honors do not require an estimate of that kind from me or such details, still as 1 am on the spot I consider it but right that I should point them out. The Dryad will return from the Island with the salt which Mr. Pelly omitted to send per the Eagle and if the timber does not otier a suffi- cient inducement to keep her in the country and to emploj^ her in that branch of business, she will in this case on her return be sent to England. I am, etc. John McLoughlin. Amount of expenses incurred by the Hudson's Bay Company in the attempt to erect an establishment on Stikine river on the North- West coast of America, for extending the trade in the interior of the coun- try towards Mount Saint Elias and loss sustained ]\v being prevented bv the Russians from trading on the coast to the NorthAvard 54^ 10' Lat.. £22,150.10.11. The Governor of the Russian American Compainj^ to the Commander of the schooner '•'■ Chilkat^'''' Second Lieutenant Kuzntdsoff^ March 30, 1835 {Wo. 28). [Translation.] The mission of visiting the Kolosh straits entrusted last year to you you carried through to my great satisfaction and although it was not possible to obtain a large number of furs on account of the lateness of the season, the preliminar}^ steps have been taken and we must continue what we have begun. As it is of the greatest importance to gain time I recommend that you should sail at the first opportunity to the Dyonisius redoubt with as much speed as you are able; to land there the Stachin toen Sheksh, deliver the cargo for the redoubt and direct vour course to the river Taku which you discovered last year. Trade there with the natives for river beavers and otters, paying them in merchandise at lower 21528—03 25 274 PAPERS RELATING TO rates than in Stachin or Sitka but at higher ones than they are paid by the neighboring- Kolosh (Kcku, Chilkat and others). I leave this undetermined requesting you to ascertain on the spot what rates shoukl be fixed in order that the Taku Kolosh should find it more advan- tageous to sell their furs to us than to other Kolosh who sell them again to us at higher rates, keeping at the same time in view the interests of the Company by not increasing the rates more than necessary. It is desirable tliat you should be able to find the Chilkat Kolosh in their summer places before the^v leave for hunting expeditions in the interior: consequently, finding that it is useless to stay longer at Taku sail for Chilkat and according to the promise given you last 3'ear trade furs with them remaining as long as you deem necessary at the gath- ering places. On your return trip stop at such settlements where you might find furs, also at Hootznoo and return to Novo Archangelsk endeavoring to reach it in June. 1 beg of you to declare to the Chil- kat and Hootznoo elders, according to the conversation I had in your presence with toen Sheksh, that although he begged me that I should order you to take him to Chilkat and Hootznoo for interviews with the toeiis there, I refused his request as I did not know if it would be agreea1)le to those toens on account of the well known quarrel between them and the Stachins. Baron WmngeU to Board of Dh'ictorH of the Russian American Coinj)any, April 30^ ISoo {No. ISIi). [Translation.] In despatch No. 190 of last year I had the honor to forward a detailed report to the Board of Directors with regard to the cruise of brig C/iicagof\ under command of the Assistant Manager of the Colonies, Capt. Etholine, in the spring of 1833, in the Kolosh Straits of our possessions for the preliminary investigation of the locality and condi- tion of the trade there. The Board of Directors is aware that upon receiving the information forwarded by Capt. Etholine concerning the above localities, and the advantage which the Russian American Company might reap from the kindly disposition of the Stikine Kolosh toward us, inviting us to settle there, I did not fail to send out imme- diately in the autumn of the same year the brig Chicagqf\ under command of Lieut. Zarembo, to winter there and to establish a settle- ment on the River Stikine within the Russian frontiers. This being the most important point of the straits for trade with the Kolosh. I hastened the more to put this into execution as news had reached me that the Hudson Bay Co. had likewise the intention of settling there, as by tiie terms of the Convention, the British have the right to settle on the Stikine River at a distance of 30 Italian miles from the sea, and to freely navigate on this river. The Board of Directors knows that Lieut. Zarembo returned from Stikine on March 8 of last year, and had succeeded in establishing during the winter friendly relations with the Stikine and neighboring Kolosh to erect with their consent a solid foundation for the redoubt, and had carried on a most successfid trade. On May 17 of last year the brig Chlcha_v whom they were emplo3^ed. Herewith I have the honor to transmit for Your Lordship's informa- tion in confirmation of the foregoing statements: N". 1. Extract from Chief Factor Mr. McLoughlin Despatch, dated Forth Vancouver Colum- bia River, 14 March, 1835; N''. 2. Extract from Chief Trader Ogden's journal of the proceedings of the expedition under his command for the purpose of ascending the Stikine River; N°. 3. Copy of corre- spondence between Chief Trader Ogden and Baron Wrangel and other officers of the Russian- American Fur Company; N". 4. Estimate of expenses incurred by the Hudson's Bay Co. in an attempt to erect an establishment at Stikine amounting to £22.150. 10. 11. I have now to request Your Lordship will be pleased to aflord me an early personal interview in order to lay the case more fully l)efore 3"ou, with a view to obtain indemnification for the very serious injury we have sustained by the violation of the Convention and protection of the intended persecution of our valuable trade in that quarter for the future. I have, etc. J. H. Pelly. 280 PAPERS RELATING TO Article from *• The liiiiei<^\ London^ Novemher 3^ 1835. [Inflosure in Mr. Wilkins' No. 16, see ante page 247.] GREAT BRITAIN. We subjoin a commnnii-ation from a known correspondent, respecting certain i)ro- ceedings on the part of the Russian authorities in the river Stikine, (-(instituting a violation of the Convention signed in isi'.'i by Great Britain and Russia, touching the navigation of that river. By tlie articles of the Convention it is evident that the occurrence of differences similar to those which appear to have actually taken place had been foreseen by the framers of the Convention, who very prudently fixed the course which is in siich case to be pursued. The 11th article of the Convention pre- scribes that "an exact and circumstantial report" shall be made, "in case of complaint, or an infraction of the articles of the Convention," to the respective gov- ernments. We hope the aggrieved parties have not failed to avail themselves of the right of calling attention to their case in the proper quarter. The affair is as follows: "In the year 182.5 a convention was concluded between Great Britain and Russia, by which a certain j.artof the northwest coast of America (hereafter (U'scribcd ) was ceded to thelattcr.\vitlitli('i)rovision.lio\V('Vci-, t hat for the] H'ridd, if tell years tlicrcafter the fight of trading on those parts of the coast should he allowed to the sulijccts of tlie King of Great Britain, with, however, certain n'strictions in regard to tlie trade e(|ua]ly binding on both parties. By this treaty the perpetual right was secured to England of navigat- ing those streams which, in their course towards the Pacific ( )cean, might cross the parts of the coast allotted to Russia, by means of which the subjects of His Majesty of England might have access to their" territories in the interior of the continent. In the year 1833 a company of British merchants, being desirious of extending their trade into the hitherto unexplored parts of the interior of the north-west coast (i. e. to the northward for some degrees of 56 N. latitude), and their only means of doing so with any prospect of success being by ascending one of the rivers on the coast, which might lead them at once to the desired spot, despatched in August, 1833, a vessel to the mouth of a river called iStikine, which desembogues in Clarence's Straits, in lat. 56 deg. 50 min. Up this river one of the company's officers procooded to explore, and having found a place suitalile for erecting an estal)lishiiieiit at the dis- tance from the line of coast prescribed by the treaty, he formally took possession of it. The natives of the adjacent country exjiressed their joy at the |.ro<|iect of having an estal)lishnient near them, and a]ii>eare(l well disposedin everytliiiiL;-. In conse- quence of the favouralile report of the otticer alluded to alio\c, it was resolved to put into execution the proposed plan. Accordingly he was appointed to the command of a body of men, accompanied by several ollicers, and proceeded in one of the company's vessels to the mouth of the Stikine River, which was reached on the 18th of June 1834. Before anchoring at the mouth of the river a boat was seen approach- ing the vessel, and, having come alongside, a Russian officer handed some papers to the commander, the purport of one of which was to inquire the particulars of the vessel, object of the voyage, etc. Another contained a notice written in the English language, and signed by the Governor of the Russian American Fur Company, Baron Wrangell, by which they were informed that two Russian armed vessels were com- missioned to cruise within the straits comprised in the tract ceded to Russia by the treaty of 1825, when foreign vessels had no longer any right to trade. Having returned an answer stating the object of the expedition to the commander of one of the vessels alluded to in the aliove-mentioned notice, which they were informed was anchored in a bay close by, they ]iniceeded to cast anchor. Before long another Russian officer came, and peremptorily oiilered the commander of the vessel to weigh anchor and leave the place, saying that the subjects of Great 15ritain had no longer any right to navigate those straits; and that if they attempted to ]iroceed up the river, the Russian vessel would destroy their boats. After giving an answer to this person, a third came with the Russian officer's comi)liments ami a re(iuest that the English Couunander should visit him. This the conductor of the expedition accord- ingly did; and on reaching the spot where the vessel was moored, found a small blockhouse erected on shore. After getting on board the ve.«sel he was informed by the Russian Commander that he had orders to prevent all strangers from resort- ing to the Stikine Straits, and more especially to prevent any persons from proceed- ing up the river. These orders he was determined to enforce, and for this purpose his brig was armed with 14 guns, and maimed by 80 men. His consort (an armed schooner) was at that time cruising about the straits; but was expected to return shortly. The English officer seeing that the force opposed to him was nuich superior to his own, and wishing, as agreed in the treaty, to avoid coming to any KLTS8IAN OCCUPATION UP TO 18(57. 281 open rupture, endeavoured to convince the Russian Commander of the right pos- sessed by British subjects to navigate the river; but the only answer he received was — "I care not for the treaty, I shall obey my instructions." At length the Rus- sian Commander proposed that both parties should remain until an express, which he proposed sending, should return from Si"tcha, Ity which he would receive fresh instructions how to act. Prudence com i>clled thr cDiumander of the expedition to assent, and he availed himself of the opportunity thus offered to communicate in writing the tenor of his instructions, and the object of the expedition, to the Gov- ernor of the Russian American Company, at the same time protesting against the right arrogated by the Russians of preventing British subjects from ascending the Stikine River. Eight days after the departure of the above-mentioned express it returned, and by it the commander of the English party received a communication from the Deputy Governor of the Russian American Company. After premising that the Governor, Baron Wrangall, was absent from Novo Archangelsk (alias Sitcha), it proceeded to state that by the article of convention of 1825 it was forbidden to Brit- ish subjects to land at any place where there might be a Russian establishment, with- out permission of the governor or commander thereof; that as the Kussiaii American Company had built at Stikine, they thought it expedient to prevent, n msidt-ring that they had an indubitable right, all foreign vessels from freipienting ('lait-nce's Straits and the adjacent coast; and that by allowing British subjects to ])rocee(l up the river Stikine, the commerce of the Russian American Company with the natives would be much injured; they therefore thought it right to act as they had done. It concluded by stating that the otiicer commanding at Stikine had received orders to abide by his original instructions. After the receipt of the above conmumication the English commander had an interview with the Russian officer, and was again informed by him that if he attempted to despatch a party up the river, or to trade with the natives on the spot, the force which was under his command would be employed by him to prevent it, and that he was determined to follow up the instructions given him. It was in vain that the conductor of the expedition reasoned and endeavoured to con- vince his opponent of the rights sanctioned to the subjects of the King of Great Brit- ain by the convention of 1825. It was in vain that he pointed out to him the prob- able consequences of this breach of faith on the part of the Russians; in vain did he call his attention to that part of the treaty wherein it is specially stated that no hostile measures should be commenced by either party, but that in cases of dis- pute the particulars of the transaction should be forwarded to the respective Gov- ernments of the two parties for arbitration; the only answer was a reiteration of what he had already said. "I care not for the treaty. My instructions are my law; and my instructions I will enforce." Under these circumstances the officer commanding the expedition, considering that to attempt forcing the entrance of the river would be attended with much loss of life, and that contending with a force so much sujierior defeat was almost certain, resolved with reluctance to abandon the project, and accordingly weighed anchor on the 29th of June 1834. In the month of September following the commandant of the expedition above alluded to, thinking that by having a personal interview with the Governor of the Russian American Company, the Baron Wrangell, he might get the sentiments of the Russians more fully developed, proceeded to the head quarters of the Russian American Company, Sitcha, and on requesting the governor to inform him by what authority he had acted in molesting the suljjects of His Britanic Majesty while in the peaceaV)le exercise of those privileges sanctioned to them l)y the ( iovernment of Rus- sia, was answered in the following strain: Having first alluded to the 2d article of the convention, upon tlie tenour of wliich he attempted to justify his conduct in preventing the navigation of the Straits of Stikine, and allowing (as indeed he could not deny I the ri-lit granted to the suVjjects of Great Britain of navigating those rivers which i rossed the line of Russian territory (and which, of course, were the only dii-ect means of communication with the interior,) he nevertheless contended that this privilege did not extend to rivers similar to that of Stikine, upon which there were no establishments already formed by British subjects, and which in itself was insignificant, and the course of it much interrupted by rapids, etc. He also inti- mated that no other object than that of injuring the trade of the Russian American Company induced the British to attempt an establishment in that part of the interior, which he was determined, right or wrong to prevent. This was all the satisfaction to be procurred by the representative of a body of British merchants from this gentle- man, backed by a force of 14 armed ships. With this answer was a subject of Great Britain compelled to depart, leaving the subjects of Russia in quiet possession of those privileges in which, by a convention which ought to have been held sacred, the subjects of Great Britain were entitled to participate, but of the participation in which, by a gross violation of international faith, they were forcibly dei^rived." {Times.) 282 TAPERS RELATING TO Report of the Directors of the Russian American Company on the Drlad Affair. [Translation.] NoveriJ)er U, 1835.— M. 1261 To His Excellenc}", General of Infantry, Member of the Council of State, Senator, Minister of Finance and Knight, Count Egor Frantzomtch Kankreex. In the report to His Imperial Majesty dated September S-ith of last year and presented to you, Sir, the Board of Directors of the Russian- American Company' had the honor to describe to His Imperial Majesty the newly built forts and among- them, that fort situated in the midst of the Kolosh natives at the Stakine Strait, near the frontier line of Russian dominions at about 55^' of northern latitude. With the last mail, that of April 80th, the Chief Director for the Colonies, Baron Wrangell, (Captain of the fleet, informs us, that this fort is quite linished and has been named the fort of St. Dionisius." Lieutenant Zarembo was in charge of its construction. He informed us that on June 13th, 1834, Mr, Ogden, the Commander of an English settlement at Naaz, came into the Stakine with a brig and announced his intention to settle higher up the river on the English frontier. But Zarembo acting upon his orders and according to the Treaty con- cluded between Russia and England, answered that he could not let the ship pass up the River Stakine without the permission of his com- mander. In consequence a truce of (10) ten days was decided upon. Baron Wrangell being absent from Novo-Archangel, his Assistant, Captain-Lieutenant Etolin, received the Lieutenant Zarembo's report and Mr. Ogden's letter and, in answer to the latter, referred to the Xlth Article of the Treat3^ where it is specified that the English are forbidden to put into places already occupied by us, without the con- sent of the Governor or of the Connnander. He added that, as the intercourse of the English with the supposed settlers upon the Stakine river would have to take place now, as well as in the future by way of our dominions, the permission cannot be granted Mr. Ogden. After this, Mr. Ogden asked Lieutenant Zarembo " what measures he would take to stop him in case he should await a favorable wind, set sail and enter the river?"" To this Zarembo replied: " Such an act would be contrary to Article XI of the. Treaty ])ut in order to avoid violating it myself, I shall not fire upon you and shall not resort to any forcible measures to stop 3'ou''. Then Mr. Ogden left the Stakine. On Septeml)er 15th Mr. Ogden arrived at Novo-Archangel. Upon meeting Baron Wrangell he verbally informed him that he could find nothing in Article XI of the Treaty against his settling at a distance of 10 leagues up the Stakine river and referred to the English trans- lation of the Treaty where the word "aborder" was translated "to land". He said that he had intended to sail up the river and to land only on reaching the English frontier. Baron Wrangell, in reply to this, said that Mr. Ogden would be violating the Eleventh Article even if, without his permission he should stop near our fort at Stakine. Mr. Ogden made a written answer. The Board of Directors has the honor to forward herewith the copy of this answer, as well as of two protests, dated June lt)th and September 30th, RUSSIAN OCCUPATION UP TO 1867. 283 Supposing that the English will try to explain the Treaty to their advantage and in .such a way a.s to show that the prohibition from entering the Stakine river was unlawful, Baron Wrangell presented his view of the question as follows: It is quite clear that the Eleventh Article of the Treaty was introduced only with a view of preventing disagreements arising out of illicit trade between ourselves and the English. In so interpreting this article, we must suppose that the word "al:)order", to land, means in general to come near the shore. It does not mean only to actually land but to anchor near the sh(ire, l)ecause there is no necessity for foreigners to leave their ships in order to trade with the savages, ])ecause tliey always come to the ships. If the English be permitted to found a settlement at a distance of ten leagues from the estuary, that is to say, almost on our frontier and if they be permitted to navigate freely from the Ocean to this settlement and back, tlien there would be no meaning or purpose to Article XI and instead of jireventing illit-it trade, this new settlement Avould most certainly foster it. It would become a source of continual misunderstandings between ourselves and the English. In 1832 Mr. Ogden personally informed Baron Wrangell, that he intended selling spirits to the natives and, at the present time, he is already selling tire-arms and gun-powder, without informing Baron Wrangell thereof. Consequently, Baron Wrangell sa3"s we cannot allow^ the English to settle near our frontier, ten leagues from the coast on those rivers, rivulets and water-courses, the mouths of which are within our territory or permit them to keep up a communication through our possessions and protected by our fortresses and with the localities of their smuggling trade. Mr. Ogden told Baron Wrangell that a factory of the Hudson's Bay Company is situated on the lake whence the Stakine river flows and that the Company desires a settlement on the river near its mouth, not for trading with natives, but to secure easier communication with the interior of the continent. Baron WrangelFs replv was, that this information was incorrect, that the Stakine could not make the commiinication with the interior any easier and that the Hudson's Bay Company had no factories near the source of the Stakine. Baron Wrangell reaches the following conclusions: that Mr. Ogden's sole motive was to settle in the country whence the natives living near the coast obtain otters. He desired to employ his men in this trade. Btit if the Hudson's Bay Company be allowed to catch otters even in those places whence the Colosh. living on the coast of our dominions, obtain their trading products by means of exchange, these latter would be reduced to the greatest poverty being deprived of their source of trade, which furnished them with supplies necessar}- to their existence. As a proof of this Baron Wrangell alludes to the inhabitants of the Stakine who earnestly heg that the English should not he admitted to the river. They foresee bad consequences for the nation, if the English succeed in depriving them of their sole source of income. And, continues Baron Wrangell. the consequences are likely to be dis- astrous. The numerous, enterprising, and very rich tril)e of coast dwellers, the Colosh, would, on being reduced to poverty, become a tribe of veritable robbers. Being deprived of trade they will steal in order to receive those things, to which the Europeans have accustomed them. Supplied b}^ the English and Americans with guns, cannon and powder, they could, if they unanimously desired so to do, make fearful ravages upon the fort and ships. This opinion of Baron Wrangell is founded upon facts. As Mr. Ogden himself told him, the inhabitants of the Gulf Kaygan, on the southern frontier of our straits, have alreadv grown so insolent since they had been deprived of the otter trade and thev could no longer trattic with other tribes. 284 PAPERS RELATING TO that Mr. Ogden is afraid to visit Kayg-an witli hi.s ships. He made the same observation in rej>"ard to the inhabitants of Queen Charlotte Island. This circumstance cited by Mr. Ogden himself, serves as a warning- of what we may expect of the Colosh, if the}' are deprived of the source of their conmierce. Finding- the ol)servations of Baron Wrangell to be worthy of con- sideration as concerning- the present state of affairs, as well as in the future, which he so clearly foresees, the Board of Directors presented them for the consideration of a Council, organized under Supreme sanction. After a careful consideration of all the circumstances set out in the report of the Chief Commander for the Colonies, Baron Wrangell, concerning- the unlawful eflorts of Mr. Ogden to pass our frontiers to a settlement, which the English desire to establish in their territory, the Council turned to the Second and Sixth Articles of the Treaty, to which ]Mr. Ogden referred, arrogating to himself the right of free navigation on the Stakine river, which flows through our dominions and where we already have a settlement. The second Arti- cle stipulates: '" that His Britannic Majesty's subjects have no right to land at places where there is a Russian establishment without the permission of the local Governor or Commander."' On the Stakine there is already a Russian fort, named St. Dionisius and trade is being- carried on with the natives, therefore in this case Article second of the Treaty clearly and definitely forbids the English from landing (without the permission of a Russian Chief) and also from navigating in the v^aters adjacent to the shore. The violation of that Article should be considered as a breach of the terms of the Treaty. Article VI, further stipulates: '"that the subjects of His Britannic Majesty shall forever enjoy ''the right of navigating freely and without any hinderance whatever all the rivers and streams which in their course towards the Pacitic Ocean may cross the line of demarcation upon the line of coast descri])ed in Article III of the present Convention." From a superficial view of this Article, Mr. Ogden understood, that the Eng- lish had full right of navigation in all rivers and streams flowing in our dominions and that therefore they could also navigate in the Sta- kine river whenever they pleased. I^ut, on studying this Article with due attention it is evident, being- at the beginning thereof, that the phrase "' it is understood " is intended to indicate that it is not a sepa- rate stipulation, but onh' an explanation of the preceding articles and that it therefore cannot change the meaning of the Second Article. Besides the Sixth Article reserves to the English the right of free navigation only on those rivers and streams which in their course towards the Pacific Ocean c^7y>.s-.s- the Jrnc of dtma location upon the line of coast described in the Article HI of the Convention. Now the Stakine river runs through Russian terri- tory but does not reach the coast as described in Article HI, the south- ern boundary of the Russian territory being 54" of northern latitude. The English therefore can lay no claim to freely navigate the Stakine river, that being clearly forbidden by Article II of the Convention setting forth the general right of property of all nations. It is also prohibited by Article VI, because the Stakine river does not cross the line of demarcation upon the line of coast, which it would have to do in order to make it free for navigation. In view of these circumstances, which make it quite clear that the Convention gives no right to the English to navigate the Stakine river KUSSIAN OCCUPATION UP TO 1867. 285 ) the injury of our trade and the local inhabitants, as the CI )irector for the (colonies. Baron Wrangell has pointed out, the Co il reconirnrnils that in order to avert such unfavorable consequer to the Director for the (colonies. Baron Wranoell has pointed out, the Coun- cil for the Rus.sian-Anieri( furnish fi beggi and the Convention, Informing Your Excellency of these details, the Board of Directors takes the liberty of asking Your P^xcellency to take further measures in order that a forcible navigation of rivers and streams in our domin- ions may be forbidden to foreigners. Hliebnikoa', Director. Lord Durhwiii to Count Nesselrode. Noveviler SOIDecemher 11, 1835. The undersigned, His Britannic Majesty's Ambassador Extraor- dinary and Plenipotentiary, has received Instructions from his Gov- ernment, to submit to H. Exl. the Vice-Chancellor Comte de Nesselrode, the accompanying copies of a letter and its enclosures, transmitted by the Governor of the Hudsofi's Bay Co., complaining that the Russian Authorities on the N. W. coast of America, have interfered with an expedition titted out, under the directions of that Co. for the purpose of forming a settlement ten leagues up the Stikine River in 56° 40' N. Latitude; an interference by which the Co. have sustained a loss of £ 22.150.10. s. 11 d. Sterling. The reciprocal rights of the crowns of Great Britain and Russia on the N. W. coast of America, are detined b}^ the Treaty concluded at St. Petersburgh on the 16 28 February 1825, of which H. E. the Vice-Chancellor Comte de Nesselrode was a signing Part3^ The 6th article of that treaty stipulated that "the subjects of H. B. Majesty from whatever quarter they may arrive, whether from the ocean or from the Interior of the Continent, shall forever enjoy the right of navigating freely and without any hindrance whatever, all the rivers, and streams which in their course to the Pacific Ocean, may cross the line of demarcation upon the line of coast described in article III of the present Convention." The article 7th stipulates " that for the space 10 years from the sig- nature of the present convention the vessels of the two Powers, or those belonging to their respective subjects, shall mutually be at liberty to frequent, without any hindrance wdiatever. all the inland seas, the gulfs, havens, creeks, on the coast mentioned in the article III for the purpose of fishing and trading with the natives." The treaty having been concluded on the 16 28 day of February 1825, the term of ten years specified in the last mentioned article did not expire until the 16 28 February of the present year. But notwith- standing this, the Russian Authorities on the coast issued on the 15 27 May, 1834, a notification to foreign merchant vessels, that thenceforth no trade would be allowed with the Indians within the territory of Russia and in virtue of the same notification, warned ort' the British Expedition which arrived oil the Stikine River on the 16 28 of June 183-1:. But the British Expedition although entitled under the treaty to frequent and trade in the waters of the Russian Dominion until the 286 PAPERS RELATING TO expiration of the above mentioned period of ten years, had not been fitted out with that view, ))ut was undertaiven for the purpose of exer- cising the right secured to British subjects /^>/v/r(/' by tlie 6th article of the treaty to " navigate freely" one of those streams which in their course towards the Pacitic, cross the line of demarcation upon the line of coast described in the 8rd article of the treaty and the ultimate object of the expedition was to form a settlement, ir'dlun tlie Bi'ltitsh Terr it or y. The obvious meaning of the 6th article of the treatv is, that British settlers should have the opportunity of conveying to the sea the prod- uce of their industry, notwithstanding that the coast itself is in the possession of Russia; and the undersigned is convinced that the Gov- ernment of His imperial Majesty will not be disposed to sanction in opposition to the clear stipulation of the treaty, the argument put forward by the Russian authorities in justitication of their conduct, namely, that the formation of the intended British estaljlishment might prove injurious to Russian commerce. The treaty recognizes no such principle as is involved in that argu- ment. On the contrary the 5th article stipulates that "no establish- ment shall be formed by either of the two parties within the limits assigned by the two preceding articles to the possessions of the other,"' and it therefore clearh' implies that the 4'espective Governments con- templated the formation of new establishments within their respective territories; and the subsequent article secured to all British establish- ments then formed; or thereafter to be formed, a free communication with the ocean through the territories of Russia. No less unfounded is another pretence set up l)y the Russian author- ities as a ground for justitication for their conduct, and which thev seek to draw from the 2d article of the treaty. That article stipulates, that '' in order to prevent the right of navigation and tishing exercised upon the ocean by the subjects of the High Contracting Parties, from becoming a pretext for an illicit commerce, it is agreed that the sub- jects of His Britannic Majesty, shall not land at any place where there may be a Russian establishment without the permission of the Gov- ernor or Commandant." It does not appear that the British expedi- tion referred to in the present papers, had any design whatever, to land at a Russian establishment, or to carry on commerce of an^- kind on the coast. But, even if the British expedition had manifested any disposition to land, the Russian Authorities could only have been jus- tified in preventing them from doing so and could have no I'ight what- ever to prevent the expedition from passing up the river. ^^"ith regard to the further allegation of the Russian authorities " that the 6th article of the convention can have no application to such rivers, as the Stikine, upon which there is no British establishment in the interior, and which is besides, an insignificant and shallow river, and interrupted by cataracts in such a manner as not to be adapted for facilitating the communications with the British possessions in the interior,"" the 5th article of the treaty disposes of the first part of this allegation; and with regard to the latter part of it, the undersigned has onl}^ to ol)serve, that the 6th article of the treaty contains no limi- tation as to the size, depth, or character of the rivers, to which it is applicable, but declares generally, that the subjects of H. B. M. from whatever quarter they ma}^ arrive, whether from the Ocean or from the interior of the continent, shall forever enjoy the right of navigat- RUSSIAN OCCUPATION UP TO 1867. 287 ing- freeh' and without hindrance, all the rivcrx and streams which in their coui'se to the Pacific Ocean may cross the line of demarcation upon the line of coast described in the article III of the present convention." The undersigned cannot conclude his observations upon this subject to H. E. the Vice-Chancellor Count de Nesselrode, without expressing- some surprise, that the Russian authorities,, at the ver}^ moment the}^ were driving the British expedition from the coast b,y threats of actual violence, should quote the 11th article of the convention, which pro- vides that "in every case of complaint on account of an infraction of the articles of the present convention, the civil and military authorities of the High Contracting Parties, without previously acting or taking any forcible measure, shall make an exact and circumstantial report to their respective courts," neither, can he avoid calling His Excellency's attention to the unbecoming- declaration of the Russian Lieutenant Commander Sarembo, to the Superintendent of the British expedition, that his instructions w^ere to prevent the expedition and that by those, and not by the treaty, would he be guided. His Majesty's Govern- ment do not entertain a doubt of a sincere disposition on the part of the Russian Government, to execute with good faith the provisions of the treaty, they are likewise convinced that the conduct of the local authorities was unauthorized by the Government of His Imperial Maj- esty and that it will be at once disavowed by them. The undersigned is therefore instructed to bring- this subject before the Russian cabinet, to express the confident expectations of his Gov- ernment, that redress and compensation will be granted without delay by the Government of H. I. M. to those British subjects who have been aggrieved by this infraction of the convention and to add the earnest hopes of his Government that such orders may be immediately forwarded to the Russian authorities on the N. W. coast of America, as may prevent the occurrence of similar violations of the treatv. The undersigned avails himself of this opportunity to repeat to H. E. the V. -Chancellor Count de Nesselrode, the assurances of his most distinguished consideration. St. Petersburg, November 29 December 11, 1885. (Signed) Durham. To His Exclv The Vice-Chancelor Comte de Nesselrode. Count .Nesselrode to the British Amhassador, Deceiaher 21^ 1835. [Translation.] The Undersigned, Vice-Chancellor of His Majesty the Emperor of all the Russias, has received the note that His Excellency Lord Dur- ham, Ambassador Extraordinary and Plenipotentiary of His Britannic Majesty has done him the honor to address to him on the n December" The matter therein treated, as far as it concerns a difference which has arisen between Russian and British subjects, has already, for that reason only, caused sincere regret to the Imperial Ministry, and this regret is all the deeper because reports arriving here directly on this same affair, are of a nature to confirm the supposition that the author- ities of the Russian settlements on the North -West Coast of America have, on the arrival in those parts of a vessel belonging to the Hudson Ba}^ Company, acted in a manner which is far from the intentions of the 288 PAPERS RELATING TO ImperiaKTOvenmient {Hid its constant desire to maintain and strenothen the friendly relations now subsisting- between tlie two Powers. It appears, in fact. I)v connecting the circumstances as presented by Mr. Og-den and by the local authorities, that the latter wei-e mistaken in the interpretation and application of some of the stipulations of the treaty of 1825, and that it is, namely, on account of this deplorable error, that they believed themselves unable to acknowledge the right of Mr. Ogden to enter a river on which no English settlement as yet existed, whilst its mouth was commanded by a Russian redou))t, where Artie le II of the treaty prohil)its foreigners from landing without the permis- sion of the commandant. However plausible the reasons on which such an interpretation was ))ased may have appeared at the first moment, the Imperial ^linistrv cannot help acknowledging that it does not agree with the true spirit of the Convention of 1825 and of Article 6 particularly. The Undersigned is even authorized to declare to His Excellenc3^ Lord Durham that the Imperial Government can only disclaim the interpretation given the several stipulations by the local authorities, which stipulations have been pleaded on both sides, and that it will, without delay, acquaint them with its disapproval in the matter, and at the same time it will take the necessary steps to prevent the recur- rence of such a grievous misunderstanding. This assurance and the frankness which His Imperial Majest}' has insisted should preside over it, must ofi'er to the Government of His Britannic Majesty a new proof of the fidelity that the Imperial Cabi- net brings to bear on the support of existing treaties and of its earn- estness to right the just grievances that may arise in the matter. Lord Durham will also tind, the undersigned hopes, an entirely satis- factory^ answer to the several arguments submitted in his note and principally caused by the more or less hazardous assertions and sav- ings that Mr. Ogden imputes to the Russian officers with whom he has come in contact. In this regard, the undersigned deemed it proper to observe that, as the parleying that has occurred in the matter, has been done through the medium of several interpreters, whose correctness it would be difficult to guarantee, these sayings and assertions ma}^ not be admitted as accomplished facts, or it may be allowable not to give them such a value as would justify the legal consequences that might result from them. This observation refers especiallj^ to the pretended threats that the Russian officers may have indulged in towards Mr. Ogden, in case he persisted in his intentions to ascend the river Stakhine, because it is proved by the reports of the local authorities transmitted here and by their correspondence with Mr. Ogden, that no threat whatever has been made by them. On one side Naval Lieutenant Zarembo reports, that having been questioned by M. Ogden as to what he intended to do in case he, Ogden, should avail himself of the first favorable wind to enter the Stakhine, he declared that, in that case, in order not to act contraiy to Article II of the Convention which expressly prohibits the respective author- ities, both civil and military', from using violence or forcible measures, he would not tire on the English vessel, nor commit any act of violence towards it. On the other side. Lord Durham will kindh^ notice that in his letter to Captain Ogden of September 19, 1834, a letter which is among the papers submitted by His Excellency Baron Wrangel, whilst announcing that he had issued orders to the Commandant of the fort EUSSIAN OCCUPATION UP TO 186T. 289 of Stakhine, not to allov) foreig-ners to enter the river of that name, he hastened to add these words: ''that is, not to permit them, tlie entrance, &c" thus giving the Commandant to understand, that the opposition as prescribed, must be confined to a simple refiimJ of permission^ so that if, notwithstanding, M. Ogden had decided to pursue his course, lie would be doing it without the knowledge and consent of the local authority. Furthermore, Baron Wrangel ends his letter b}^ expressly declaring, that finally he would act in the sense of Art. II of the Con- vention, and he thus clearly defined his intention of abstaining from violence or forcible measures, whatever might be the course the English Captain decided to follow. The undersigned believes he must insist on this fact, not only to justify the local authorities from the reproach they have incurred of having proposed an erroneous interpretation of the treat}" with formal threats, as well as to exhibit in its true lig-ht the demand for indemnity which the Hudson Bay Company bases, on its side, on the kind of opposition that its vesselmet with. It api^ears, in fact, that M. Ogden encountered no material impossibilitj^, nor even probable danger of any kind in pursuing his course, and that, if he, neverthe- less, preferred to give it up and al:)andon a plan the execution of which had been entrusted to him by the Hudson Bay Company, he yielded less to an absolute necessity than to an excess of prudence, for which he alone is responsible to liis employers, that therefore, these can onlv claim from him, and not from the Russian authorities, whatever losses they may have suffered on that occasion. The undersigned cherishes the hope that, by viewing this affair from the same point of view of strict equit}", and in return for the frankness with which the Imperial Cabinet has hastened to recognize the principle of the treaty, the maintenance of which is equally important to both Governments and to their respective subjects, the Cabinet of His Bri- tannic Majesty will not grant its support to a demand for indemnity, that it would be impossible to admit as founded on right. Begging Lord Durham to bring this present note to the knowledg'e of his Government, the Undersigned has the honor to reiterate to His Excellenc}" the assurance of his high consideration. St. Petersburg, Decemher 21, 1835. Count de Nesselrode. Board of Directors of the Russian- American Company to the Depart- ment of Trade and Manufactures^ January J, 1836. [Translation.] INIemorandum concerning the affair in dispute between the Russian-American and the Hudson's Bay Companies. In the report of Count Nesselrode to His Excellency Egor Frantze- vitch [Kankreen], the conclusions as to what would probably be the results in the correspondence of the Stakine affair are based upon the opinion that the Russian Colonial authorities were the first to break the sixth Article of the Treaty. The Colonial Authorities really never supposed, that our protecting Government, in granting special privileges to the Russian-American Company for the assurance of its existence, had also granted to f oreign- 21528—03 26 290 PAPERS RELATING TO ei's such rig'lits and privileges as would inevatal)ly ruin the Russian- American Company and force the Russians out of all the places on the American continent. But observing- that in the correspondence with the English Embassy, our Government has already acknowledged the prohibition of entering the Stakine to be a breach of Article VI, it would be unreasonable to cite here the reasons which induced the Colonial Authorities to consider it their right to act upon Article VI in another than the strictly literal sense of the words. Nevertheless the Board of Directors of the Russian- American Com- pany is bound to draw attention to the following considerations. 1. To the ruinous consequences not only to the prosperity of the colonv, but to the integrity of our dominions on the continent of America, if the English be allowed to establish their factories on all the water-courses upon the l)0undary line, that is within ten miles from the coast. 2. Should our Government consider the claim of the English as just in principle and should it make the Russian-American Company pay for the losses claimed by the Hudson's Bay Company in consequence of the non-admission of its ship into the Stakine, still more should the English Government acknowledge the claims of the Russian-American Company as an indemnity for the losses caused to it by the English violation of that article of the Convention, in which the}^ are prohib- ited from selling fire-arms and spirits. Before the establishment of the Stakine settlement, namely in May, 1832, the Colonial Authorities had officiall}' reported to the Board of Directors of the Russian- American Company that the Agent of the Hudson's Bay Company, Mr. Ogden, visiting Sitka, had an interview with the General Man- ager of the Colonies and had declared, that he, Ogden, was forced to sell rum and that he had already given notice of this, which was con- trary to the Treaty, to the authorities in England. The testimony of most of the natives inhabiting the shore of the straits belonging to Russia, even before this declaration of Mr. Ogden, had assured the Colonial Authorities that the English were selling them not otdy rum, but also fire-arms and gun-powder. Conseciuently the English were in all justice the first to violate the (Convention. The settlement on the Stakine was principally established for the purpose of placing some obstacle, however small it might be, to this illegal traffic and to prevent any further penetrating into the heart of our dominions. The losses suffered by the Russian-American Company, thanks to the violation of the Treaty by the English, are very important l)oth from a material and moral" aspect. The sale of gun-powder and rum by the English to the natives, has not only diverted their trade from us to the English ships standing in our straits, but has caused the natives to turn against us and call us oppressors, the opposite of the English who provide them with all they want. Therefore it would seem advisable that, should the Hudson's Bay Company persist in claiming the indenmity for her losses, it should on its part compensate the Russian-American Company for the losses caused to it by the English sale of gun-powder and rum from their ships visiting our straits. If the contents of this note should be honored with approval, might it not be judged advisable to add the above cited arguments to the Memorandum to be sent to the English Minister^ RUSSIAN OCCUPATION UP TO 18(i7. 291 The following- oiirumstances might also be explained: 1. The Russian ship which was stationed at Stakine when the English came there, was not a war-ship, ))ut a ship of the Company, fitted out with cannons and crew no stronger than that of the English, and the hull of the brig Dryad y^o.^ longer, wider and higher than that of the brig Tch/tchagoff-'. Consequently^ the English fear of violence on the part of the Russians was improbable, apart from the verbal and written declaration that Article XI would be strictly observed by us. 2. The statement that the Russians endeavored to irritate the natives against the English ought also in justice to be rejected, as an unfounded calumny. In explanation it is necessary to observe that the strongest and most numerous tribe of the natives dwell upon the sea coast and upon the rivers and streams, l)ut the}^ themselves do not catch otters (the chief article of trade in these countries) l)ecause the animals are not found where they live. On the contrary they go, at certain periods, into the interior of the continent to obtain furs from the tribes there, in order to resell them afterwards to the Europeans at a profit. Consequently the natives had reason to favor our European settlement in the estuary and to oppose any settlement in the interior among those tribes who, up to now, have provided them with furs, which would thus pass to the English at first hand. And more than this: the English brought with them Canadian hunters for the purpose of catching sea-otters themselves, as they do w^henever an occasion presents itself. Consequently, not only the coast tribes, but those in the interior as well, would loose their prop- erty and the profits of their trade. It seems that, such being the state of afiairs, the natives had every reason to be angry with the English and to oppose their entrance into the river threatening to attack their projected settlement in the interior, up the Stakine river, and this without any encouragement on the part of the Russians. To the Department of Trade and Manufactures. The Board of Direetor-'i of the Mus.mtn Amrrtcaii Contpamj to tlit Governor of the Russian Atrie7'lca)i Colonies^ Iran Ardonovldi Kiqyre- yanoff, March P2, 1836, No. 2^8. [Translation.] Erom the report of your predecessor Baron Wrangell, of April 30, No, 135, on the trade with the Kolosh in our straits, and on the con- dition of the Dyonisius redoubt, the Board of Directors noticed with pleasure that the scope of our operations increases through acquaint- ance with Chilkat and that there is hope of obtaining furs from the natives of that bay as well as from those of the Taku canal discovered by Mr. Kuznetsoff. The Board of Directors begs of you to maintain Baron Wrangell's dispositions with regard to the sending there of vessels with merchan- dise and the reinforcement of Dyonisius redoubt by the alternate detail of vessels there for greater security. With regard to the opinion of Ferdinand Petrovich, expressed in the same report on the diminution of prices for fiirs bought from the Kolosh, the Board of Directors begs of you to take it into considera- tion and put it into execution gradually, if not at once. Better qual- 292 papp:rs relating to it}' of river beavers and otters are received from Sitkiiie than from Sitka, and on account of this somewhat higher prices oiioht to be paid for them than for the Sitka ones. The lihick fox obtained from Chil- kat is also of better qualit}-, consequent!}' for the purpose of encour- aging the natives in bringing the furs entire and not in ready sewed garments, it is necessary to show the same distinction in payments and according to this, malving arrangements with regard to other furs, taking into consideration both quantity and quality in their trade, the one compensating the other. Tv. Prokofyeff N. KUSSOFF A. Severin. Count Nesselrode to the British Amhassadoi\ March 10, 1837. [Translation.] The undersigned, having received the note that His Excellency Lord Durham, Ambassador Extraordinary and Plenipotentiary of His Bri- tannic Majesty has done him the honor to address to him on the 4/16 February last, has taken all the more interest in getting acquainted with the documents that accompanied it, as they seemed destined to cast a new light on the claim that the English Company of Hudson Bay brings against the Russian-American Company. However, an attentive examination of these documents has convinced the under- signed that no new fact had been developed in support of the said claim, or that was of a nature to invalidate the arguments that the Imperial Ministry had considered its duty to present in opposition. In fact, among these documents, some were already known to the Im- perial Ministry by previous communications of Lord Durham, namely: the report of Mr. Skeen Ogden, and the papers of his correspondence with the authorities of the Russian settlements on the North-West Coast. Others contain both the deY)Ositions of diiierent individuals that took part in the expedition of the Dryad towards the Stakhine, or had knowledge of it, and the detailed specifications of the damages and interest that the Hudson Bay Company claims payment of. What the said Company strives to prove by these documents, is that the authorities of the Russian settlements on the North-West Coast not only did not permit the Dryad to enter in the Stakhine, but that they went as far as threatening the chief of that expedition to use violence towards him, in order to force him to retire and that it was those threats, as well as the evidence of the danger they entailed that led Mr. Ogden to abandon the enterprise which had been entrusted to his direction. In thinking over these different allegations, the undersigned must refer to the note he had the honor to address to the Ambassador, dated December 21, 1835. His Excellency will be kind enough to remember that the Imperial Government earnestly disavowed the erroneous inter- pretation of the Convention of 1825, on which was based the refusal to admit the English vessel into the Stakhine. As for the threatening- speeches attributed to the Russian officers, it was proved in that same note of December 21, that nothing establishes their reality, not only because the Russian officers declare to the contrary, but also because their reports to the Imperial Government and their correspondence KUSSIAN OCCUPATION UP TO 18(17. 293 with Ml". Ogden, show that they expressly announced their intention to al)stain from all manner of violence in order not to act against the stipulations of the treaty. It would seem that on this point, the tes- timony of individuals who were heard in the case hy direction of the Hudson Bay Company and that, besides, could oidy testify through interpi-eters whose veracity is not guaranteed, cannot in the eyes of the Imperial Government, deserve more credence than the reports of its own authorities and their written communications to Mr. Ogden. The fact of alleged threats, being thus reduced to its fair value, the evidence of the danger caused by these threats and that would have been incurred ])y the Bryad^ had it pursued its course, naturally dis- appears, and with it goes the principal argument on which the English Company has based its claim for an indemnity. In his note of the 21st of December, the undersigned stated that if Mr. Ogden thought best to give up the pursuit of his expedition and abandon a project the execution of which had been entrusted to him by the Company, he yielded, not so much to an absolute necessity as to an excess of prudence. However, this point of view has been modi- fied in a measure Avhen the undersigned read the testimony of Messrs. Charles Kipling and Alexander Duncan, both being ocular witnesses of what occurred whilst the Dnjud was stationed at the mouth of the Stakhine. According to their statement, one of th(^ principal motives that determined Mr. Ogden to leave those parts, after a consultation had been held on board his vessel, was the danger to which he and his companions were exposed from the native Indians, these having threat- ened to massacre the officers and crew of the Dri/ad^ as well as the other pei'sons who accompanied the expedition, if they attempted to ascend the river. This fact deserves to be noticed because it ]3roves that it was not an excess of prudence, as the undersigned considered it at first, l>utthe foresight of a real danger that prevented Mr. Ogden from fulfilling his commission to the end; in fact, that it was not the alleged threats of the Russian authorities, nor their protests that have caused the expedition of the Dryad to fail, bu.t it was unsuccessful, because the agents of the Company, during their voyage in 1833 to explore the country with a view of forming a settlement, had mistaken the real disposition of the natives and that it is only on their return, the year after, that they became convinced tluifthe contemplated set- tlement would not be tolerated by the Indians themselves. It is possible to suppose that, struck by this certainty, Mr. Ogden would have eagerly seized the pretext furnished him bj^ the opposition of the Russian authorities, in order to retire, letting the consequences of his conduct fall on them. However this hypothesis may be, it henceforth remains proved that the opposition of the Russian authorities has not fjeen the true cause of the withdiawal of Mr. Ogden, or at least that it cannot be considered as the principal obstacle to the pursuit of his expedition; and this cer- tainly can only confirm the Imperial Government in its view of the matter, which has not allowed it to recognize the justice of the claim which the Hudson Bay Company brings against the Russian-American Company. Begging the Am!)assador of His Britannic Majesty to submit this view to the attention of his Government, the undersigned has the honor, c*cc. Count de Nesselkode. 294 PAPERS RELATING TO Count N'emelrode to the Brltlxh A>n\t><>i<(dnr, March 10, 1S37. [Translation.] Confidential.] In answering- to-daj the official note that Your Excellenc}^ sent me on the 7 16 of FeV)ruary, I duly return enclosed, according to Your Excellency's expressed desire, the original papers that accompanied it. If the examination of these papers could have any influence over the opinion that the Imperial Government had previously formed rela- tive to the matter in question, that opinion would Ix^ modified to the prejudice rather than in favor of the claim instituted by the Hudson Bay Company. I shall not return to the arguments that I have dis- cussed on the subject in an official note of this day's date, unless it is to express the just hope. My Lord, that Your Government will be pleased to consider them and judge them with equity. But there is one fact that I can not overlook and which I prefer to submit to you. My Lord, in this confidential letter. More than once already, the authorities of our settlements on the North- West Coast have complained to the Imperial Government that foreigners, coming to trade in those parts, furnish arms and anuuuni- tion to the natives, in violation of the positive sti])iilations prohibiting such trading. So long as these complaints were unaccompanied by data proving a special fact, the Cabinet of the Emperor abstained from making a formal application to the Britannic Government, however real and grave for the safety of our settlements, were the consequences of a traffic that furnishes the natives the means of practicing acts of hostility against them. To-day, however, it appears from the papers Your Excellency for- warded to me, that the complaints of our authorities are not devoid of foundation, for Mr. Alexander Duncan acknowledges without subter- fuge, that at the time of the first visit that he made in lS38,*with Mr. Ogden, on the borders of the Stakhine. they exchanged with the natives, among other merchandise, gunpowder for sealskins. Does not the frankness with wdiich this fact is stated in the testimony of Mr. Duncan, prove that the sale of gunpowder is not considered in those regions as an illicit act, and is it not easy to infer from it a proof of what the Russian authorities have stated more than once, namely that such a trade is carried on a scale infinitely prejudicial to the peace of our settlements^ I deem it my duty to point out to Your Excellency a state of afi'airs that is so evidently contrary to the letter as well as to the spirit of the convention of February 1(3/28, 1825 and beg Your Excellency to kindly call the attention of your Government to the necessity of efficiently repressing abuses which, of coui'se, do not justify, but that explain the refusal of our authorities to allow ]VIr. Ogden to return to those regions where, the year before, both he and his companions had transacted oper- ations expressly prohibited l)v the treaty. Accept, etc. Count de jS'esselkode. Lord Diii'hdin to Qntut JS^esselrode. St. Peteksburg, March 24-, 1837. Sir: I have had the honor of receiving Your Excellency's note and confidential communication respecting the claim of the Hudson's Bay RUSSIAN OCCUPATION" UP TO 186T. 295 Compan.v and .shall according- to 3'our Excellency's desire Ining- them under the notice of His Majesty's Government. At the same time I cannot do so without submitting to Your Excel- lency some considerations which forcibly impress themselves on luy mind, on perusing the above mentioned conmiunication. Your Plxcellency supports the renewal of your refusal to grant the compensation demanded by the Hudson's Bay Company ])y reference to the additional facts which have been discovered in the Documents laid before you on behalf of the claim, and which, as Your Excel- lency contends, prove that the British Expedition was deterred from proceeding more from fear of the Indians than of the Russians. I cannot but think that an incidental and supplementary remark made by Messrs. Kipley and Duncan ought not in candour to have formed the foundation of a charge against the British Expedition, of having disguised the real cause of their failure, and invented the pre- text of Russian hostility, when in reality it had been caused l)v the opposition of the natives. All the facts alleged, and all the proofs adduced prove the contrary — })ut even supposing that the allegation which Your Excellency suggests was true, and that the dangers to be apprehended from the tomahawks of the Indians outweighed those arising from the cannon of the Russians, it does not follow that both dangers had not one common origin — The Russian Fur Company — and the actions and menaces of the Indians were not as much directed by Russian influence as the guns of the ship of war were pointed b}- Rus- sian seamen. 80 far therefore from this fact weakening the claim of the Hudson's Bay Company on the Russian Government, in my mind it greatly strengthens it, as it shews the extent of the means which were resorted to in order to prevent the success of the British Expedition. With respect to the other observation regarding the sale of Gun- powder to the natives — it rests also on a casual word in the deposition of Mr. Duncan. There is every prol)al)iHty from the mode in which it is mentioned, that it w^as only a small quantity for hunting purposes; at any rate, as it was sold to Indians in alliance with the Russians and subsequently actively engaged in cooperating w^ith them in repelling the British Expedition, it could not have taken place with any hostile views, or in wilful violation of the Convention. Moreover, it could not justif}" the violence with which my countrymen were treated, as the circumstance was not known to the Russian Authorities there, and was only discovered, b}^ the perusal of Mr. Duncan's affidavit a few weeks since. I must therefore firmly deny that the British are lial)le to the reproach of having supplied the enemies of Russia on the North West coast of America with ammunition and weapons of war. I will remember, when discussing last year with Your Excellency the subject of the renewal of the American Convention, that whilst the practice of the American Traders in this respect were complained of by Your Excel- lency% you at the same time acquitted the British of any such violation of the Convention of 1825. Your Excellency will excuse my offering you this short reply to arguments, which I must say have all the appearance of l)eing founded on after considerations, and do not ))ear the marks of that candid, fair 296 PAPERS RELATING TO and equitable spirit, which usually distiiio-uishes the communications of the Russian C/abinet. 1 have the honor to be with the hig'hest consideration, Sir, Your Excellency's most obedient servant Durham. To His Excellencv Count Nesselrode, etc, J//'. Millxiiilxi^ to Count Nesselrode. St. Petersburg, Jaty IS, 1S37. The Undersigned, Her Britanic Majesty's Minister Plenipotentiary, has been instructed by his Government to address to His Excellenc\', the Vice-Chancellor, Count Nesselrode, the following observations, in reply to His Excellency's notes to the Earl of Durham of the 22nd of March last, upon the subject of the claim of the Hudson's Bay Com- pany, and in addition to the observations already made on the Count Nesselrode's notes by the Earl of Durham in his note of the 2-ith of March. Count Nesselrode rests the continued refusal of the Russian Gov- ernment to make compensation to the Hudson's Bay Company in the first place, upon the ground that the opposition of the Russian Author ities was not the real cause, or at all e\'ents not the principal obstacle which prevented the British Expedition from proceeding up the Stikine River. To this allegation, Her Majesty's Govermnent conceive, that a sutii- cient answer would be furnished" by the admission of the Count Nes- selrode himself in His Excellency's confidential note of the 22nd of March, in which His Excellency states, that the circumstance of Mr. Ogden having in his hrst visit to the River Stikine in the year 1833, sup- plied the natives with Gunpowder in exchange for Peltries, explained although it did not justify, '"the refusal" of the Russian Authorities to allow Mr. Ogden in the following year to proceed to the district in which he had so traded, in articles prohibited by the Treaty. It is upon the fact of this refmal on the part of the Russian Author- ities to allow the Expedition to proceed, that the claim of the Hud- son's Bay Company rests. That fact appeared to His Majesty's Gov- ernment to have been sufficiently esta])lished by the evidence alreadv adduced, but it is here distinctly admitted l)y Count Nesselrode him- self; — and the Undersigned is instructed to ol^serve that such a refusal notified by the Counnander of a ship of war to the Master and crew of a Merchant ship, must be held to be equivalent to a threat, that force would be employed if necessary to carry it into efl'ect: and therefore, the reluctance of the Hudson's Baj' Company to expose the Expedition under their charge to the probalde consequences of disregarding a notification so made to them, cannot justly ))e imputed to them as an excess of caution not warranted by the circumstances of the case. Count Nesscli'ode further alleges, that it appears l»y the depositions of Messrs. Kipling and Duncan, that one of the principal reasons which occasioned the departure of the Expedition from the Stikine was the apprehensions entertained by the British parties of danger from the Indians; and his Excellency would therefore have it to be inferred, that it was the apprehension of real danger, and not excess of prudence, as he had previously alleged, which caused the expedition to be aban- doned. RUSSIAN OCCUPATION UP TO 1867. 297 But the Undersigned is instructed to remark, that the real purport of the deposition in question, is not exactly what Count Nesselrode represents it to be. The deposition of Mr. Kipling- states, that it was the declaration of the Conniiander of the Russian Brig, and the threats of the Russians which rendered the parties in charge of the expedition apprehensive not onl}' that the great danger was to be apprehended from the officers and crew of the said Russian Brig, ])ut also from the Indians in that quarter, who were under the influence of the Russians: and the deposition of Mr. Duncan states, that, '' in consequence of the ""threats, of the said Russian officers, and of the Indians under their "influence," it was resolved to abandon the Expedition. It is manifest, therefore, from these passages, that the danger prin- cipally aj^prehended was from the threats of the Russian officers; and also, that the further danger, whatever that might be, which was apprehended from the Indians, was attributed to Russian influence; and when it is considered, that the Agents of the Hudson's Bay Com- pany had traded amicably with the Indians on the River Stikine, so recently as the year 1883, as stated in Mr. Duncan's deposition, it is not unreasonable to assume, with the Hudson's Ray Company that the unexpected hostility to the British Expedition, manifested by the Indians in the succeeding year, was instigated by Foreign influence and fostered by the representation of a rival association. The Undersigned is instructed to state, that Her Majesty's Govern- ment upon a full review of all the circumstances of this case, must still maintain that the failure of the Expedition in question, was occa- sioned by the conduct of the Russian Authorities, and must persist in urging the Cabinet of St. Petersl)urg to make to the Parties that com- pensation for their losses which is justly due. Before concluding this note, the Undersigned will briefly advert to the complaint made b}^ Count Nesselrode. that the Traders of the Hudson's Bay Company supplied the Indians on the River Stikine with Gunpowder, in the year 1838. The Hudson's Bay Company entirely denj' that their agents anticipated the probability of the Gun- powder in question being employed by the Indians for purposes of hostility against the Russian settlement. The uses to which the Indians usually put the Gunpowder supplied to them are the procur- ing of Peltries and food; and the agents of the Hudson's Bay Com- pany could have no i-eason to doubt, that the small quantity of Gunpowder which they supplied to the Indians on the Stikine, would be employed by them in the same maimer as that which they are in the constant habit of furnishing to the Indians on th^ British Territory^ without an}' prejudice to the Establishments of the Hudson's Bay Company. The Undersigned is, however, instructed to state to Count Nessel- rode that strict orders will be given to prevent for the future any such sale of Gunpowder by British Traders on the coast of the Rus- sian Territory. The Undersigned avails himself of this opportunity to renew to His Excellency the assurance of his distinguished consideration. [seal] (Signed) J. B. Milbanke. Count Nesselrode to Mr. MiUmnhu April 28, 1838 [Translation.] The undersigned has deemed it his duty to submit to Lord Durham, in the notes he has had the honor to address to His Excellency on 298 PAPEES RELATING TO December 1835 and March lU, 1837, the reasons which prevented the Imperial Government to consider as just, the chiims lately presented b}" the Hudson Ba}^ Comi3anv against the Russian-American Com- |mny. Not only were these reasons deduced in a o-reat measure from the very documents the claimants tliemselves had presented in their case, but they seemed to be all the more d(\servino- of consideration as the Imperial Government had, at the same time, hastened to disavow the interpretation that the authorities of the Russian settlements on the North-Western Coast had given to one of the articles of the Con- vention of 1825, in order to prevent the Dryad from ascending- the Stakhine. As the Imperial Minist)'v had been so frank in its expla- nations in the matter, it experienced all the more regret on reading the subsequent communications of the British Em])assy on the same subject and namely, the note that Mr. Milbanke, ^Minister Plenipoten- tiary of His Britannic Majestv did him the honor to address to him on July 1 13 last. In answer to it, whilst referring to the arguments developed in his previous notes, the undersigned deems it his duty to add the following explanations, that have been suggested to him, on one side, by a ncAv and scrupulous revision of the ati'air in question, and on the other, by additional light furnished by the Russian-American Company in i-egard to the circumstances connected with the claim of the English Hudson Bay Company. The claim for indenmity presented by this Company, is based on the fact that the declaration of the Russian authorities that they could not let the English vessel enter the Stakhine, was accompa- nied by threats and demonstrations such as to make Mr. Ogden foresee an evident danger if he pursued his intended course. This fact would no doubt be d(?cisive, if it could be proved in an unques- tionable manner. Not only has it not been proven, but it has been met by a most formal denial on the i^art of the authorities to whom these threats are attributed. Oii examining with impartiality the proofs furnished by both sides, it is found, in fact, tliat some parley- ing did take place between the Russian authorities and the persons composing the English expedition; that interpreters, foreign to both nations, and consequently, whose faithfulness is in no way guaranteed, have been employed in this case; that being unable even by this means to come to an understanding, recourse was had to pantomime, in short that it is on such facts that the event is demonstrated, that the Rus- sian authorities had threatened the English vessel with repelling by force of arms its attempt to enter the Stakhine. On the other hand, there exist declarations that the Russian officers have addressed in vrritlng to Mr. Ogden, which not only do not contain anv threats, but explicitly disavow the intention of using violent measures. In this respect, the undersigned relies on the comnuinications made to Mr. Ogden by Lieutenant Sarembo on the 10th and isth of June 183i, by Captain Lieutenant Etolin, on the 14 20 of June, and finally by Cap- tain Baron Wrangel, on the 19th of September of the same year. Is it possi]>le to hesitate as to what nmst l)e considered as true or erro- neous, between testimony so contrary and so ditterent in kind? And even were the allegations on both sides supported })y proofs of equal value, the Minister of His Britannic Majesty could certainly not expect that the Imperial Government should take no account of the reports of its own authorities, and have faith in the assertions of alien subjects, more or less interested in the case. RUSSIAN OCCUPATION UP TO 1867. 299 Mr. Mill)anke has argued, among other points, that a prohibition notitied by an officer commanding- a war vessel to the captain and crew of a mercantile vessel, must be considered as equivalent to a threat, for in case of need, that prohibition could be supported b}" force; that, consequently, if the Hudson Bay Company did not wish to risk sub- mitting its expedition to the proba))le consequences of its refusal to conform to a notitication made in such a manner, it is not liable to reproach for an excess of prudence not sufficiently justitied by the nature of the case. In answer to this argument, the undersigned will limit himself to leminding Mr. Milbanke, that according to maritime usages, a notitication or a summons made hy a war vessel, only takes the character of a threat when it is accompanied by a cannon shot fired in the air: that such a demonstration, which is generally intelligible, did not take place in leoard to the I/rz/cd and that therefore Mr. Ogden could always be accused of excess of prudence for having left the bor- ders of the Stakhine before being certain how far the opposition of the Russian authorities might go. Besides, even if the general rule pleaded by Mr. Milbanke were exact, the implication which he has deduced therefrom, seems all the less applicable to the case as Art. XI of the Convention forbids all act or measure of violence; as under the guarantee of this stipulation, the English expedition had no danger to fear from the Russian authorities, who, in their parleying with Mr. Ogden had expressly declared their willingness to conform to the rulings of the said Art. XI. But there is more. The Russian vessel, the TscJiit>f\ Lieat. Zaremho, March 2o\ 1838 {JSJ'o. 66). [Translation.] In the l)rig entrusted to you, you will sail this summer to the Kolosh iStraits situated within our frontiers. The supplies for the Dionysius redoubt sent from this port nnist be delivered in the shortest time pos- sible. This is why you should take your course direct from here to the straits; for your successful navigation through the narrows situ- ated in this vicinit}^ you will receive assistance from this port, which you will send back as soon as you will cease to need it. On 3^our arrival at Stakine, or soon after, you will probablv see an English vessel destined for the river Stakine which they have a right to navigate. You will have only to present to her commander my statement with regard to this matter in English and French (and in Russian translation for your knowledge). Leave one of these papers in the redoubt for the purpose of presenting it to the English, while all the papers in foreign languages which exist there at present, I beg you to take and to forward to me. 1 beg of you to comply most accu- rately with the instructions given you with 'regard to prudence and courtesy towards the British, and see that the same is observed not only by your subordinates but by the manager of the redoubt and his command; in case, however, of any illicit acts of the English, endeavor to explain this to them, and, without using any arbitrary measures (on account of the nuitual agreement of our Government and theirs in article XI of the convention) inform n)e of the fact immediately, noti- fying them of the same. Your assistant, Mr. Lindenberg, has been appointed to this post in preference to others on account of his knowledge of the English lan- guage, consequently there can be no misunderstandings with regard to this. What 1 said last year in my instruction to you with regard to Mr. Lindenberg's establishment on the steamer during the naviga- tion of the English up the river Stakine may be executed likewise at present, but only in case it can be done with delicacy and with their consent, as if done in consequence of Mr. Finlayson's invitation extended to me during his stay here. The purpose of the navigation in the straits of the brig entrusted to you and her stay at the redouf)t is the same as that of last year; there- fore I will mention here: That in addition to 3"our visit to Kaigan, Tongas and other harbors, whei'e you may expect the putting in of RUSSIAN OCCUPATION UP TO 1867. 303 foreign merchant men, manage no that you may be able this summer to visit Chilliat and Taku for trading- purposes with the inhabitants and for the survey and sounding in the proper manner of the mouths of these rivers (similar to the survey of the river Stackin made last year), so that it may be possible to judge of the possibility of navi- gating them, and also to examine in detail localities worthy of notice for the advantages of the Company and the navigation of its vessels. 1 beg of you not to lose sight of all this and reconnoiter with strictest accuracy all these localities as well as all the straits visited by you, while trading'with the Kolosh, for the benefit of the Company for which purpose you are furnished with as much merchandise as could be given vou according to your request. 1 do not deem it superfluous to add that, according to information received by me, the Kolosh of the Kukhantan tribe from Chilkat intend to come to Stakine this summer for the purpose of avenging the murder of their tribesmen. Should this be true I beg of you to take all possible measures for the reconciliation of the warring parties; in addition to your mediation with regard to establishment of peace I recommend that you should see that none of the Russians should in any way whatever take part in or meddle with the aflairs of the Kolosh under strictest responsibility. In case 3^ou should meet in our straits a United States vessel, 1 enclose herewith for presentation to the captain my statement in English and in French (and Russian translation) and three lists of questions. I recommend you to be very economical with the powder on account of our present lack of it, by not using it for any unnecessary expendi- ture, as for holidays or salutes which may be avoided, I enclose herewith the passport and roll of the complement of the brig Chichagof. Report of the Governor of the Rasdan colonies in Aiiterlca to the hoard of directors. May 1, 1838 {No. 192). [Translation.] Last year, when sending the l)rig Chichagof to the Straits I instructed her commander, Lieut, Zareml)0 to detail his assistant, pilot Linden- berg, to make a detailed survey and soundings of the river Stakine from its mouth to the end of our possessions in the interior of the continent, which was executed by him with accuracy. Moreover, Lindenberg made a similar survey of our newly discov- ered strait, named in honor of my predecessor. Strait Wrangell. I have the honor of forwarding to the Board of Directors the maps and journals of these two surveys, to be sent, according to existing regu- lations to the Bureau of the Hydrographer General, with the herewith enclosed map of all the Kolosh Straits situated within the Russian frontiers, made by pilot Lindenberg. I do not deem it superfluous to inform the Board of Directors that Lieutenants lUiashevich and Mashin have made, during their leisure time, an accurate plan of the port of Novo Archangelsk. Supposing that there is none as yet in the oflice of the Board of Directors, I am herewith forwarding it likewise. 304 PAPERS RELATING TO Jfr. MiJhnd-d to Count NesseJrode, Octohcr 6, 1838. The Undersigned, Her Britannic Majesty's Minister Plenipotentiary, has not failed to lay before his Government the note which he had the honor to receive from His Excellency the Vice-Chancellor, Count Nesselrode, under date of the 28 April ' 10 May, 1838. upon the sub- ject of the claims of the Hudson's Bay Co. to ))e indemnified for losses sustained b}^ them, in consequence of the Russian authorities on the North West coast of America having stopped or turned away, an expedition fitted out b}'^ the Co. for the purpose of forming- a settle- ment on the river Stikine, within the limits of the British Territory" and the Undersigned has been ordered by his Government to make to Count Nesselrode the following observation in reply. Count Nesselrode endeavours in his note to show: First, that no menace was used by the Russian authorities which could be sufficient to justify the agents of the Hudson's Bay Co. in abandoning the expe- dition; secondly, that a reasonable ground existed for the hostility displayed by the natives against the prosecution of the expedition, without imputing that hostility to Russian intrigues, the existence of which Count Nesselrode denies, and thirdly, that the discovery which the agents of the Co. made respecting the feelings of the natives, was the real cause which led those agents to desist from their attempt to prosecute the expedition. Count Nesselrode, moreover, intimates, that if the Hudson's Bay Co. continues to press their claim, the Rus- sian Government will bring forward against the agents of that Co. an accusation of violating by their dealings with the natives, the 9th article of the convention of 182.5, which excludes certain commodities from becoming objects of traffic in that quarter. Now, to dispose in the first place of the latter of these points, the Undersigned is instructed to observe, that it is of little moment as bearing upon the justice of the British claim, to inquire, whether there really was any hostile feeling on the part of the natives with respect to the expedition; and whether such hostility, if it existed, was spon- taneous, or was excited by the intrigues of the Russian Co. ; and the Undersigned is likewise instructed to remark, that even if it were proved, that the agents of the H.'s B. Co. had been engaged in a pro- hibited traffic, that fact could have no bearing upon the present claim. But the Undersigned begs to remind Count Nesselrode of His Excel- lency's admission recorded in Lord Durham's note to H. Ex'y. of the Slrth of March 1837, that the Russian Government had no cause to com- plain of the conduct of the British Co. in that respect; and it may well be doubted whether the British Co. could not make out, that the Rus- sian Co. have engaged in the same prohibited traffic, to an equal, if not to a greater extent than it is even alleged, that the British Co has done. Upon this point, the Undersigned is further instructed to say, that the menace of bringing forward this accusation, in order to deter the Co. from prosecuting their claim, may not unreasonably be taken as an indication of a consciousness on the part of the Russian Govt, that if the claim is to be argued on its own intrinsic merits alone, the right of the Co. to the compensation which they ask for, would be indispu- tably established. The Undersigned passes over with these observations the latter point of Count Nesselrode's note, but guards himself against the supposi- tion that the British Government acquiesces either in the correctness RUSSIAN OCCUPATION UP TO 18()7. 305 of the allegations made respecting- those points, or in the conclusions drawn from those allegations; and he is directed to conline his further observations to the real question at issue, namely whether the expedi- tion of the Co. to the Stikine River was put an end to by the interfer- ence of the Russian authorities. The Undersigned has in the first place to state, that after the admis- sion in Count Nesselrode's confidential note to Lord Durham of the 22 March 1837, that the Russian authorities did refuse to allow the expedition to proceed and that although circumstances might explain that refusal, yet those circumstances did not justify it; the British Government have been somewhat surprised to see, that Count Nessel- rode's note of the 29 April 10 May, expresses a doubt whether that refusal was made at all. Count Nesselrode truly says, that the whole case hinges upon that circumstance, and as His Excellency had admitted the fact, there would scarcely seem to be any ground for further dis- cussion. Count Nesselrode professes, however, to examine impartially the proofs adduced on Ijoth sides, and rejecting as uncertain what is stated to have passed in verbal communications between the agents of the Co. and the Russian authorities, he rests the case of the Russian Gov- ernment upon the written notifications made by those authorities; namely, by Lieutenant Sarembo, on the 10th and 18th of June 1834; by Cajptaiii Etolin on the 14 26 of June 1834 and by Jiaron Wrangel on the 19th of September 1834; which notifications Count Nesselrode maintains convey no intimation, that force would be employed to pre- vent the progress of the expedition. But though Count Nesselrode's own admission as to the refusal made by the Russian authorities, is of itself sufficient to make out the Brit- ish case, yet the British Government must contend, in reply to Count Nesselrode's last ol)servations, that the language of the written notifi- cations of the Russian authorities just referred to, was quite sufficient under all the circumstances of the case, to prevent the agents of the British Co. from proceeding with the expedition. The words of Lieutenant Sarembo on the 10th of June were: ''7 neither allow to enter the river Stikine, in consequence of the Instruc- tions received from the Chief Director Baron AVrangel.'' The words of the same oflicer and of the commander of the redoubt " Serge Mos- koviteen " on the lOth of June were: ^''It i>< i)rohiMted to the Com- mander of the said vessel to enter the river Stikine."' The words of Captain Estoliii of the 14' 26 of June were: "aucune permission ne pent resulter a cet egard," that is to pass up and down the Stikine, without reference to Baron Wrangel. The words of Baron Wrangel on the 19th of September were: " j'ai donne ordre au Conunandant de notre port a Stikine, par suite des prieres des indigenes habitants dans nos f rontieres sur la riviere Sti- kine, de ne point y laisser penetrer les etrangers, c. a. d. de no -point leiir perwiettrt T entree dan>< cctte vvV/t^/v/" adding indeed, "agis&ant dans le sens du 11™**. art. de la convention." Count Nesselrode appears to la}^ some stress upon this reference to the 11th art. of the conven- tion, though a due regard to that article would have prevented the Russian authorities from oflering an}" obstruction to the British expedition. If indeed the instructions given by Baron Wrangel to his inferior officer, had been merel}^ to protest against the entrance of the expedi- 21528—03 27 306 PAPERS RELATING TO tion in the Stikine river, the article of the convention would ver}^ naturally have been referred to; since the object of the article is to provide for the settlement of an}^ points of difference, by discussion between the Governments instead of by the employment of force by the disputants on the spot and a Protest would be a natural foundation for such a discussion. But the instruction was io prevent the entrance of the British expe- dition and prevention can only be effected b}' violence either done or threatened by parties on the spot; and it was impossible for the agents of the British Co. to draw any other conclusion from these reiterated declarations of a determination to prevent the expedition from pro- ceeding than that force would be used if those declarations were not deferred to. The Undersigned is not instructed to argue the question as to the manner in which a notification must be given by a ship of war, in order to possess the character of a menace, because the British Government cannot suppose, that the observation upon that point in Count Nessel- rode's note is intended to be seriously insisted upon; with respect to the distinction drawn by Count JSfesselrode between an armed vessel of the Imperial Navy and an armed vessel of the Russian Co., the Under- signed is only instructed to observe, that for the acts of that Co. the Russian Government must of course be responsible, unless the Russian Government is prepared to abandon the Russian Co. to such measures as the British Government may think tit to adopt against it, in order to obtain from the Co. itself the required redress. Neither is the Undersigned instructed to enter into a critical comparison of the rela- tive forces of the vessel belonging to the H.\s B. Co. and of the armed Russian vessel, because that point is perfectly immaterial, unless the cabinet of St. Petersburg means to contend, that the matter in dispute would have been more conveniently settled on the spot ])v a conflict between the respective parties, notwithstanding that the convention of 1825 is specifically intended to prevent such local collisions. If such indeed be the view of the Russian Government of the course which would be the most conducive to the maintenance of the friendly rela- tions between the two Countries, the British Fur Co. and Her M.'s Government would be at no loss to provide effectual means for pre- venting for the future, any similar interruption to the legitimate com- merce of Her jMajesty's subjects. But the British Government consider that the agents of the Hud- son's Bay Co. most properly abstained from resorting to an experi- ment which would have been no less contrar}^ to the treaty of 1825, than it would have been at variance with the object for which the expedition was undertaken. That object was the prosecution of a legiti- mate and peaceful commerce; and persons engaged in such an enter- prise may justly be held excused, if they are reluctant to hazard their own lives and that of others, in a hostile collision, when they have just reason to expect, that for the wrong done them, they will obtain redress at the hands of the Sovereign whose subjects have disregarded the engagements, which that Sovereign has solemnly entered into with a f riendl}' state. In conclusion, the Undersigned is intrusted to sa3% that the British Government cannot abandon the claim of the H.'s B. Co. for indemni- fication for its losses; and the undersigned has only further to express the confident hope of the British Govt., that the cabinet of St. Peters- RUSSIAN OCCUPATION UP TO 1867. 307 burg will no longer delay affording to that Co. the redress to which it is clearly and indisputably entitled. The Undersigned avails himself of this opportunity to renew etc. MiLBANKE. St. Petersburg, Octoher 6th 1838. Count Wessehode to Count Kankreen. [Translation. ] St. Petersburg, Deceinher 9. 1838. Excellency: With the report of May 4th last I had the honor of forwarding to Your Excellency a copy of ni}^ note to the English Ambassador, in regard to the indemnification claimed by the Hud- son's Baj^ Compan_y for the losses accruing to that Compan}^ on account of the refusal to admit its ship into the Stakine river. The arguments tending to put the matter in as favorable a light as possible for the Russian-American Company which were taken from Your report of April 14 (No. 1293), have not altered the conviction of the English Government, as to the justice of the Hudson's Bay Com- pany's claim, as Your Excellency will perceive from the note of Mr. Milbanke, ex-Minister Plenipotentiary of Great Britain. That Gov- ernment, on the contrary still claims, with an insistence greater than before, indemnification for the losses suffered by the afore-mentioned Company through the refusal by our Colonial authorities to permit the Dryad to enter the estuary of the Stakine. As long as the British Government confined its argument to the cir- cumstances attendant upon the action of our Colonial authorities in preventing Mr. Ogden from sailing up the Stakine river and, as long as its complaints were about the treat}" made by us and about the agi- tation of the natives against the English traders, so long it was possi- ble for us to deny their accusations for want of proof. At present the English Government perceives that all these circumstances, which have been the sul>ject of a fruitless correspondence for more than three years, refer only indirectly to the root of the matter and do not effect the main point of their claim. This is in reality the fact, that our Colonial authorities, — contrary to the treaty, — issued the order prohib- iting Mr. Ogden from sailing up the Stakine river to the English domin- ions, where he wished to establish a trading post, this being entirely within his rights. We cannot deny this fact and the English Govern- ment finds it at present superfluous to enter into details about the cir- cumstances which accompanied it, because apart from them, as Mr. Milbanke observes, the prohil^ition of Mr. Ogden to sail further up the Stakine is an evident infringement of the plain stipulations of the Convention concluded between Russia and England, in consequence of which the British Government claims an indemnity for the losses suf- fered l)y the Hudson's Bay Company. Moreover, personal interviews with Lord Clanricard have convinced me, that the British Government will never withdraw its demand for this indemnity and that the English Ministry would like even before the opening of the Parliament to obtain some satisfactory" answer from us, in order to be able to answer any questions of the opposition in regard to the Stakine affair. 308 PAPERS RELATING TO In bringing this to Your Excellency's notice, I consider it my duty to refer to my report of March 19th on which I had the honor of informing you, that His Imperial Majest}", after having duly consid- ered the matter was pleased to admit that it would be more in accord with the rules of strict justice to admit the principles on which the claim is l)ased and to enter into negotiations with the Hudson's Bay Company in regard to the amount of the indemnification claimed by the Company, rather than to continue a dispute, which we shall be obliged ultimately to give in to because the clear provisions of the treaty are not calculated to strengthen the side we have defended until now. If in accordance with His Majesty's desire we have made the English Government any further secondary objections as for instance the pre- tended threats of Ogden to continue his voyage notwithstanding the expressed prohibition, etc. — these objections have only caused the English Government to put aside the examination of such secondar}^ questions and to base their claims on the one and univei'sally acknowl- edged fact of the prohibition itself which was made by the Russian- American Company to Mr. Ogden. contrary to the terms of the Treaty. As the matter now stands, we are not likely to have any more plau- sible pretexts for further evading the claim for indemnity. Moreover, in view of the unusual urgency with which the English Government demands a prompt settlement of the affair, I take it upon myself to ask Your Excellency to consider whether it might not be advisable for the Russian -American Company to enter into friendly negotiations with the Hudson's Bay Company, looking towards such a settlement. May I ask your Excellence to kindly inform me of Y'our opinion in regard to the matter, in order that I may report it to His Imperial Majesty and draw up the project of a note in reply to that of the English Ambassador. lam. Sir, etc.. Count Nesselrode. Heport of the Governoi' to the General Board of the Russian American Company^ May 1, 1838 {No. [Translation.] With ni}^ permission there has lately been brought on the Brig Action from Stichine a Kolosh boy, four years of age, who was desig- nated by the Koloshes for assassination at the funeral services which were to be held last January. The Stichine Chief Kuatkhe, however, yielding to our advice and Christian desire to prevent as far as possi- ble murder which is usuall}^ committed by the Koloshes at funeral services in honor of their deceased relatives, and acting upon ni}' repeated admonitions to the Koloshes whenever they met at my house that instead of assassinating their slaves they should trade them off and make some other sacrifice of the merchandise they received in exchange, he the said Chief Kuatkhe, remembering our said advice, showed himself the first example, as yet unheard of even among the Sitka Koloshes, and in lieu of assassinating his slaves released them, among^hem the above-mentioned boy, and made also other sacrifices in lieu of this bloody custom, whereby he has clearly demonstrated his friendship and respect for the Russians. For such an act, hereto- fore unexampled among the Koloshes, I could grant to Chief Kuatkhe RUSSIAN OCCUPATION UP TO 1867. 309 no other distinction except issuing to him a certitieate (see protocol of February 6, of the current year, No. 18) as a token of my gratitude, for he had previousl}^ been granted, in recognition of his devotion to the Russians, the silver badge "Allies of Russia". In my opinion his last act deserves some exceptional mark of distinction, and. I request the general board to obtain the same for him from the Government, and also to provide for similar distinctions to be granted to all like him who will act in the same manner, whereby this barbarity may be forever abolished among them and good results be accomplished. The infant Kolosh released by Chief Kuatkhe has been baptized here according to the Greek-Russian rite and given the name Michael. I hav^e instructed the New Archangel office to place him as a pupil at the boarding school located here, to be fed, clothed and taken care of by the Company. Perhaps in time this boy may serve as an impor- tant connecting link between us and the Koloshes for the gradual intro- duction of mild Christian habits among this barbarous people. Journal of correspondence^ 1S39, No. 3. Kept during tJtt r(nje put on the answer given to Mr. Ogden by the Superin- tendent of our Colonies. If Mr. Ogden was led into such a ground- less fear through his ignorance of the language and the vagueness of the negotiations when he met the Russian ship in the estuary of the Stakine, it ought to have been dispelled when Baron Wrangell declared to him by letter tliat Article XI would not be violated. Our Colonial Authorities supposed they had well-grounded reasons for not allowing the ship to enter into the Stakine, — causes which Baron AVrangell pointed out in his declaration to Mr. Ogden, dated September 19th. These could have been disregarded by Mr. Ogden and he could have acted according to his own opinion as to what was his right, being certain that Article XI would not be transgressed. Although the misapprehension of Baron Wrangell concerning the extent of the right granted to the English for free navigation, is not acknowledged by our Government to be justified, this misapprehension and the subsequent written prohibition, unaccompanied by the least shadow of violence towards the English, would not have caused them any other loss than perhaps that which might arise through the loss of Mr. Ogden's time, which would have passed in awaiting Baron Wran- gell's clear and precise answer, dated September 19th and related to the consequences Mr. Ogden might have expected if he had entered the vStakine by order of his superiors. In this case no violence would be used against him. In proof of the Russian-American Company's sincere wish to extin- guish the claim of the Hudson's Bay Company, the Board of Directors is ready to enter into a friendly agreement on the afore-mentioned basis, namely: it is ready to make up for the losses suffered by the Company through keeping the crew of the brig Dri/(a7, ivoni the date of the brig's entering the estuary of the Stakine until September 19th, when Mr. Ogden received an explanation from the General Manager EUSSIAN OCCUPATION UP TO 1867.- 311 of the Colonies, .signed by him and assurino- the English chief, that the prohi])ition being merely a written protest, he might act accord- ing to his own judgement without hinderance or fear of force. It would be a great injustice to claim that the Russian-American Com- pany should indemnify the Hudson's Ba}^ Company for an}^ losses suffered by Mr. Ogden because he did not enjoy the rights that were assured to him after he had been promised that the XI Article of the Treaty would be strictly observed. " The Board of Directors of the Russian-American Company, taking the liberty of presenting its opinion, leaves the matter to the decision of Your Excellency and begs you. Sir, to protect the Russian-Ameri- can Company from such unjust as well as burdensome claims. We have the honor of returning herewith the note of the English Ambassador to the Hudson's Bay Company. The Board of Directors of the Russian-American Company considers it its duty to further report as follows: Wishing to renew our friendly relations with the Hudson's Bay Com- pany and come to an agreement in regard to our respective interests and avoid unpleasant collisions in the future, Rear- Admiral Baron Wrangell, a Member of the Board of Directors entered into corre- vspondence with the Directors of the Hudson's Bay Compan3^ This correspondence is, as yet quite unofficial and is principally for the pur- pose of preparing and facilitating the official negotiations through preliminary personal explanations. From this correspondence it is evident that the Hudson's Bay Company would consent to lease a part of our dominions, adjacent to their frontiers north and south from the Stakine river for a yearly rental to be paid in a tixed quantity of furs and for a definite term, say 20 years. The Board of Directors thinks that, in order to avoid misunder- standings, it would be useful to grant to the Hudson's Bay Compan}' the exclusive right of trading on the coast of the continent between latitude oi"^ 40' and the estuary of the Cross Strait, for a yearly pay- ment in furs, in such quantity as to assure the Russian-American Com- pany against any loss from the arrangement. The Hudson's Ba}" Company would have the advantage of ridding itself of a dangerous rival in its fur trade with the natives. Moreover the Hudson's Bay Company proposes to supply the Colonies at moderate rates with a full yearly supply of goods and provisions. In order to settle this question it is the intention of the Hudson's Bay Company to send a member of the Company to Berlin or Hamburg, in the middle of Jan- uary, to there meet a delegate of the Russian-x^Lmerican Compan}^ and detinitely sign the treat3^ The Board of Directors thinks that in this manner the question in dispute would be satisfactorily solved for both parties. But suppos- ing that they have no right to enter into official negotiations and to conclude a treaty without a special permission, the Board of Directors begs that this permission may be granted if it be found convenient to do so. Ivan Prokofief. NiKOLAY KUSOF. Andrew Severin. Dli'rcfors. «The present claim of the Hudson's Bay Company would be justitied only if the English expedition had suffered through violence or if it had been declared that forcible measures would be used against it. 312 • PAPERS RELATING TO Count Nesselrode to Count Kankreen^ Junuury ,^, ISSD. [Tmiislatioti.] Sir: Your Excellenc}' was pleased to inform me on December 30, No. 5823, of the readiness of tlie Board of Directors of the Russian- American Company to enter into a friendly ao-reement with the Hud- son's Bay Company, in regard to the indemnity claimed by the latter for refusing admission of a ship belonging to her into the Stakine Riyer. Moreoyer Your Excellency asked my opinion in regard to the pro- posal of the Board to lease to the Hudson's Bay Company for a tixed term that part of our dominions, adjacent to the English frontiers north and south of the Stakine riyer. To this 1 haye the honor to reply, that from a political point of yiew the wish to establish friendly relations with the Hudson's Bay Com- pany through the lease of the aboye-mentioned territory, is in my opinion, worthy of the fullest consideration. In attaining this end we should gain the adyantage of doing away with all riyalry in the fur trade and of putting an end to the frequent occasions of friction with the English and with the citizens of the United States of America which haye already often led to unpleasant correspondence with those Goyernments. This agreement would be especially desirable because it would enable us to ayoid all further explanations with the Goyernment of the United States as to its ceaseless demands, disadyantageous to our interests, for the renewal of Article IV of the Treaty of 182-1, which granted to American ships the right of free nayigation for ten years in all the seas and straits, adjacent to our dominions on the northwestern coast of America. Seeing that this affair in itself, as well as on account of the particu- lar circumstances connected with it admits no delay, I hasted to inform Your Excellency of my opinion in regard to it, in order that Your Excellency maj^ issue the orders necessary to. carry it into effect. I am. Sir, etc., (Signed) Count Nesselrode. St. Petersburg, January 4, 1839. Remrt of Governor of Russian Colonies in America to the Board of Directors of the Russian American Company^ April W, 1839 {No. 139). [Translation.] During last year's stay of the brig C/iiehir/of at Chilkat, for trading purposes with the Kolosh, according to my instruction, the Assistant Commander of the yessel pilot Linden berg made asuryey of the mouth of the riyer Chilcat. I haye the honor of forwarding to the Board of Directors the map of this suryey and the original journal kept by Lindenberg, as well as the promised partial map of the terri- tory occupied by us in the yicinity of the Bay of Bodega, now called Khlebnikof Plains (new Ranch) and Chernykh Plains. I deem it not superfluous for the Board of Directors to possess this map for greater clearness with regard to this locality. RUSSIAN OCCUPATION UP TO 18(iT. 3 IS I also enclose a copy of the report of 2nd. I^ient. Orlotf, of the Corps of Pilots to me of July 15, 1838, with regard to the inaccuracy found by him in the position of the island Chirikotan, the true latitude of which is determined at present by Mr. Orlotf as 48^ 59' 36" 2 N. and longitude 206^ 28' 18" W. of Greenwich, according- to the bearing ofl" the island of Rawkock {'(). I deem it my duty to inform the Board of Directors that last winter partial maps of the Kolosh Straits situated within the Russian Ameri- can frontiers were made here by my order of all localities which were completed at ditferent times with regard to the already existing maps of Captain Vancouver, by the commanders of the vessels of the Rus- sian American Company cruising there, especially Lieut, Captain Zarembo, to whose assistance I am greatly indebted during the execu- tion of the above mission. 1 am not yet sending these maps to the Board of Directors, but they will be sent next year,, as I hope to ren- der them still more complete during this summer. g THE DRYAD AFFAIR. Extract fry this means, all ground for a renewal of t.b.e requests on the part of the (jovernment of the United States for a continuance of the privilege granted to American vessels, of the right of free navigation in the seas and narrow waters (or straits) of our possessions, which right was incompatible with the interests of the colonies (Art. IV of the Treaty of 182-1), was removed — it must be admitted that tie lease of the strip of Russian territory to the Hudson Bay Company, on the abcvt men- tioned terms, was ver}^ advantageous to the Russian- American Company'. 316 PAPERS RELATING TO CENSUS OF INDIANS OF THE TRIBE KNOWN AS KOLOSHES, IN KNOWN SETTLEMENTS WITHIN THE LIMITS OF THE RUSSIAN POSSESSIONS, Betmctfrom Tikhmenief, Part 11 jy}). SJfi-SJ^l. [Tnmslation.] ~ •'The most important of the native tri])es that inhabit the north- western shore and main land of America, within the limits of the Rus- sian possessions, must be called the tribe of the Koloshes, which occupied properly the space between the Straits of Vancouver and Chugatski Bay [Prince William Sound]. * * '^ The precise number of the Koloshes is not known. Some suppose that, including the most distant Koloshes, it amounts to •iO,OUU. Others, among them Ven- iaminof, calculate that there are only 25,000. For our part, we present the number of Koloshes in known settlements, borrowed h^ us from the memorandum" (zapisck) of M. Verman:" Men. Women. Kalgof.a Men. Women. 715 280 728 210 335 195 154 164 56 308 280 265 163 535 280 728 210 337 197 154 154 56 308 280 267 168 51 20 80 13 20 10 13 13 3 41 99 29 25 Kutsnofski 20 Chilkatski .SO Kekofski TakiT^ki '^0 Tangaski H Arbor of As:,Ti lei St.'ilcliiiir ~i'i 1 Iniiriil 1 near rix'cr of the ^.-iiiie name) 3 40 KaiL^an-ki Sd i Irmiail isnmlifrn siilo of I'lince of Wales Island). . 99 29 24 Total 3, 974 3,700 '-41 406 h Should be 417. Error in original. RUSSIAN AUTHORITY EXERCISED OVER THE INDIANS IN THE STAKHINE REGION. Extract frorn Tikhmenlef, Fart II, p. ^11. [Translation.] In order to maintain more perfect peace among the independent natives in the neighborhood of the Russian colony, and to acquire for the Company as much influence over them as possible, there was created, and confirmed by Imperial authority December 6 1842, the position of Chief Toyon [Toeii] of the Koloshes. The duties of this position were imposed, by nomination of the Chief Administration of the Company, upon a baptized Kolosh named Michael Kukhkan, who was connected l)y blood relationship with the most respected members of the tribe. A similar appointment of a Chief Toyon in the Stakhine [region] to fill the place of one who had retired, and its confirmation by the Colo- nial Administration, followed in 1862 — last year. « Captain-Lieutenant F. K. Verman Commanding the Ships of the Colonial Flo- tilla. (Part 2, p. 284, foot-note.) EUSSIAN OCCUPATION UP TO 1867. 317 I roin Report of the Chief Drrector of the Colony^ Novemher 15, 1862, Tilkmenief, Part f I, pp. '210-11. In the year 1810, the Dioni.sius Redoubt, left at the disposal of the English by the terms of the lease of the sea-coast strip of the Russian possessions, was besieged by the natives, who cut oil' all communica- tions with it. The mere appearance in those waters of a steamer [of the Russian American Compan^-Jin compliance with a request for help from the conmiander of the fort, and the persuasion of envoys from our Compan3^ were enough to bring the Koloshes to reason and put an end to a quarrel which, as the English themselves admitted, would probably have ended in the complete destruction of the fort. In like manner, no longer ago than 18«)2, one of the naval officers in the serv- ice of the Company, who, by order of the Chief Director of the Com- pany, had been sent to the mouth of the Stakhine, was obliged to take measures to suppress disorders, which, notwithstanding the presence of an English war-steamer, had arisen between the natives and the English who were going to the gold placers discovered in the terri- tories of the Hudson Bay Compan}'. He [this naval officer] succeeded in getting a promise from the principal Stakhine toyon, and other elders, that order should be restored immediatelv. Mr. Clay to Mr. Seicard. No. 163.] Legation of the United States, St. Petershvrg, Mvemher 21, 1867. Sir: I herein transmit to you a memorandum descriptive of the Russian imperial system of Russian America, (portage.) division of property, &c., marked AA. I am, sir, your obedient servant, C. M. Clay. Hon. William H. Seward, Secretary of State. TRANSLATION OF THE RUSSIAN MEMORANDUM MARKED A A. BY S. N. BUYNITZKY. ExpJdiiKfnni inciiioi'diidinn in (iiitiiiissivcnt'ss, good-nature, and visible marks of social instinct; such are the Kewniinis, tji, TxlunjiKr^, Koo^kokclinkms, and the AglrgouMtes; nearly all of them are Christians; they are of a rather gentle disposition, and lived in good understanding and constant intercourse with the Russians, so that the Russian American Company, in order to entertain friendly rela- tions, and to induce the natives to carry on fur trade, yearly provided, upon the Kenayan coast, a sui)i)ly of about ten thousand youkola, or dried fish. On the con- trary, the further from the coast, the more rough and independent the character of the savages; every symptom not only of social, but even of settled life, disappears because these natives, having no other occupation Vxit hunting, migrate in the track of game from one part to another, estalilishinir h\\\ )>rovisional settlements for winter season; to this class of sava-vs iimst br iimiil>en'd ///, rn/,,.-efore the Senate by the President. 1 am vour obedient servant. Cassius M. Clay, Esq.,c£r. William H, Seward. Mr. Clay to Mr. Seirard. [Extract.] No. 140.] Legation of the United States, St. Petersburg, Russia, May 10, 1867. Sir: Your despatch No. '1-^1., April 1, 1867, enclosing me the treaty between Russia and America, ceding- us all Russian America, was duly received, I awaited the expression of European and Russian senti- ments in reference thereto before answering you. I congratulate you upon this brilliant achievement which adds so vast a territory to our Union; whose ports, whose mines, whose waters, whose furs, whose fisheries, are of untold value, and whose lields will produce many grains, even wheat, and become, hereafter, in time, the seat of a hearty white population. I regard it as worth at least tifty millions of dollars; and, hereafter, the wonder will be that we ever got it at all. My attention was tirst called to this matter in 1SH3, when I came over the Atlantic with the Hon. Robert J. Walker, upon whom I impressed the importance of our ownership of the western coast of the Facitic, in connection with the vast trade which was springing up with China and Japan and the western islands. He told me that the Emperor Nicholas was willing to give us Russian America if we would close up our coast possessions to 54^ 40'. But the slave interest, fearing this new acces- sion of ''free soil," yielded the point and let England into the great ocean. Since then, in connection with the necessit}" of our owning one end of a European telegraph line, quite independent of P^ngland, I have talked with, and I have urged the Russian authorities in a private way, to put the privileges of the Hudson Bay Company, sublet them by the Russian American Company, in our hands, with a view of having the natives friendly to us, and our telegra])h line, cScc, in case of war. And 1 trust I have added indirectly in this final cession, which, l)v your address and secrecy, took me with a most agreeable surprise. There is now beginning to be a party of '' ins" and "'outs,'' as in America and England, and they (the " outs") have attempted to make interest against the administration by attacking the treaty. The Rus- sians are ver}" jealous of foreigners, and traditionally opposed to ceding territory, yet, in consequence of the good feeling everywhere prevail- ing in our favor, I regard the sale as popular. I have heard it said: " Well, we have sold to you too cheaply, but it's all in the family; '' and others look upon it with favor because we are to lie near their eastern 328 PAPERS RELATING TO possessions, and as they regard us perpetual friends, in hopes that it may ultiinately lead to the expulsion from the great Pacilic of nations whose power in the east is justl}- feared. » •::■ * * . * <■ Mr, Bodisco has come with the treaty. Belieye me truly, my dear sir, your obedient seryant, C. M, Clay. Hon, William H, Seward, Secretary of State, d;c. Mr. Seward to Mr. de Stoeckl. Depart3ient of State, Wash 111 yton., Nay 13., 18G7. Sir: I haye the honor to inform you that Brigadier General Loyell H, Rousseau has been appointed by the President the commissioner on the part of the United States to receiye, from the commissioner appointed on behalf of his Majesty the Emperor of all the Russias, the territory ceded to the United States by the treaty of the 30th of March last. A copy of the instructions which haye been giyen to General Rousseau for his guidance in executing that trust is herewith communicated for your information and that of your goyernment, I ayail myself of this occasion, sir, to offer to you a renewed assur- ance of my most distinguished consideration. William H, Seward, Srci'etary of State. Mr, Edward De Stoeckl, d'c. [Telegram received at War Department, Washington, May 23, 1867. Time 8.45 a. m.] General Hailed' to Mr. Stajitoa. San Francisco. Cal., May 20^ 1867. If the Russian American territory is to be occupied this year the troops should be sent there in June, or at least in July. 1 recom- mend the establishment, for the present, of four posts of one company each, viz: 1st, New Archangel, in Sitka bay, 2d, In Cook's inlet, 3d, On Kadiok island, 4th, On Onolaska island. Probably the occupation of posts in Norton's sound, Bristol bay. and on the Youcan riyer. had ))etter be postponed till next year. Not more than four com|)aiiies can well be spared from the troops now on the coast for services in the new territory, H, W, Halleck, Major General. Hon, Edwin M, Stanton, Secretary of Wcrr. CESSION OF ALASKA TO UNITED STATES. 329 J//'. Scirarcl tij Mr. Stanton. Department of State, Was/oju/tov, May 25, 1867. Sir: 1 have read Major General Halleck's dispatch of the 20th instant. The exchange of ratifications of the Russian American treaty^ is expected to be made not later than the 30th of June. The Russian minister expects commissioners to come here from St. Petersburg to make formal deli^-ery of the territory soon after the exchange of rati- fications. Those commissioners will proceed hence to San Francisco, and the journey will occupy some time. Troops need not be sent before the formal delivery of possession is made by the commissioners. 1 think that the commissioners of both parties may be expected to be able to leave San Francisco as early as the 25th of July. My present thought is that ^Major General Halleck, or Major General McDowell, ought to l)e instructed to proceed to Russian America as commissioner to receive the delivery of the Territory. In that case the troops could probably go with the militaiy commissioner. The Secretary of the Nav.v informs me that he will order a suitable ship of war to convey the commissioners, and I suppose that he will tilso furnish the necessary transports. Would you l:>e good enough to confer with him on the subjects Giving you these facts for your information, 1 have now to submit the expediency of your making such reply to ]\Iajor (jeneral Halleck as you shall deem discreet and proper. I am, &c., ^_. T^ T.;r o William H. Seward. Hon. E. M, Stanton, Sect'etai-y of War. Mr. rtaij to Mr. Sr,rard. Ko. 147.] Legation of the United States, St. Petersburg., Bxssia, J\dy 5, 1867. Sir: You were not, perhaps, aware, when you made the Russian treaty of cession, that the Russian American Fur Company kept sol- diers and defended the territory of Russian America. So the words, "fortifications, barracks, &c., not private individual property," would convey nothing to us, although no dou1)t you intended to buy all of those. I write now to inform you that there has been an understand- ing between the Russian government and the Russian American Com- pany, and it is expected that you will claim all military posts, &C., and' this they will grant, I doubt not, if insisted on. The other fran- chises of the Russian American Company had expired by time in this year, and were not renewed. As a matter of fact. I believe that the Russian American Company kept soldiers at every place of occupation, saw-mills, ice-works. &c.,"but these could hardly be construed to be *■' fortifications or barracks," in equity. My object is simply to give 3'ou some idea of the facts, which may be of use to you, in settling with the commissioner of the Russian gov- ernment, who will deliver over tlie property to us. I am, sir, vour most obedient servant, C. M. Clay. Hon. W. H. Sew^ard, Secretary of State., Washington., D. C, TJ. S. A. 330 PAPERS RELATING TO 3L'. Seward to Mr. Clay. No. 25 7. J Department of State, Was/ihif/ton, July 23, 1867. Sir: I have reeeiyed your despatch of the 5th instant, relating to the construction of the treaty of cession, and thank you for your attention. 1 am, sir, your ol^edient servant. WirxiA.M H. Seward. General Cassius M. Clay, dv. 3Ir. Seioard to J/r. de Stoecl-1. Depart3Ient of State, ^\loth of March last. A copy of the instructions which have been given to General Rousseau for his guidance in executing that trust is herewith commu- nicated for your information and that of your government. I avail myself of this occasion, sir, to offer to you a renewed assur- ance of my most distinguished consideration. William H. Seward. Mr. Edward de Stoeckl, dbc. Executive Mansion, Wnshingion, August 7, 1867. Brigadier General Lovell H. Rocsseau, of Kentucl-ij: You are herel:)y appointed agent on l)ehalf of the Ignited States to receive from the agents of his Majesty the Elmperor of all the Russias the territory, dominion, prop- erty, dependencies, annrtenances which are ceded by his Imperial Majesty to the United States, under the treaty Cducerning the cession of the Russian possessions in North America, concluded March oO, 1867. A cop.v of the treaty is herewith connnunicated for your information and government. In witness whereof I have hereunto signed my name and caused the seal of the United States to be affixed. By the President: William H. Seward, Secretani of State. Andrew Johnson. Headquarters ^Military Division of the Pacific, Sail Franc/SCO^ California, Novemher 25, 1867. General: I transmit herewith copies of my instructions of Septem- ber 6 and 24, in regard to the military district of Alaska. I lesirn from General Rousseau that the formal transfer of the terri- tory to the United States took place on the 18th of October. CES8I0N OF ALASKA TO UNITED STATES. 331 1 have received no official despatches from General Davis, but learn from other sources that his troops were landed immediately upon the formal transfer of the territory, and that they are comfortably housed in Sitka. It is doubtful whether I shall be able to communicate with General Davis again during the winter. Very respectfully, 3'our obedient servant, H. W. Halleck, Major Genercd^ Commanding. Adjutant General <'>/;' //r ^l/v/^y, W(fsh/'nj Gcrui'dl J. C. Davis upon the transfer of Alasla to tlo United ^States. Head Quarteks Military Dist. of Alaska, ye>r Archangel, A. T., jVov'' l^th, 1867. Major: I have the honor to sulmiit the foUowhig official report of the expedition of United States Troops under mv command, desionated to occupy ''Russian America;'' now the Militaiy District of AUiska: also suchincidents worthy- of record, as have occurred since our arrival here. The Steamer John L. Stt'j)hrn.s with the Command and stores on board left the Wliarf at San Francisco on the evening- of the 25th of September. * * '' * * * The harbor of New Archangel was reached the Uth, l)ut the ship was only able to get to her proper anchorage, on the morning of the 10th the following day I went ashore and called upon Prince Maksoutoft' the Russian Governor and was politely received by him — during the interview I made arrangements for the landing of our ani- mals upon one of the little Islands in the harbor. The animals wei'e landed during the two succeeding days in small boats or flats. The troops were retained on the vessel in accordance with my instructions; patiently awaiting the coming of the Commissioners of transfer, until the morning of the ISth. when the pleasing intelligence of their safe arrival was announced throughout the harbor and town. I lost no time in calling upon the Commissioners and informing them of my readiness to take an^- part in the ceremonies of transfer the}" might desire, also, urged as much despatch in making the transfer as was compatible with their duties. It was soon decided to make the transfer the same evening (the 18th). The troops were soon and easily landed in small Iwats, mostly furnished and manned from the ships of War lying in the harbor. These ships were the Ox^'ippee, Res.saca and Jarneston')! ; Commanded by Captains Emmons, Bradford and McDougal. The troops were formed near the flag-statt' bearing the Imperial flag of Russia, in front of the Governor's house. The Rus- sian troops were shortly afterwards formed on the same ground at 4 o'clock P. M. the time agreed upon by the Commissioners, the Rus- sian flag was lowered. The troops of l)oth nations coming to a present arms, and the Artillery of both Nations flringa salute — the Americans leading ofl': a few miiuites after, our National flag was run up and .saluted in like manner, the Russians taking the lead — thus ended the ceremonies. The territory and dominion of Russian America were formally declared ours. Next came the business of designating the property which should be turned over with the territory. * * * The sailing vessel CzarowHch leaves for San Francisco to-day, giving us an opportiuiity to write. I forwarded b}" the Stepens all our monthly reports and papers due, up to the last of October. I am very respectfully, Your Obdt. Servant, (Signed) Jeff. C. Davis Brt. Maj. General Commanding. Major J. P. Sherburne Adjt. General Department of California^ San Francisco.^ Cal. CESSION OF ALASKA TO UNITED STATES. 335 ACCOUNT OF THE TRANSFER OF ALASKA TO THE UNITED STATES. [From the Special Correspondent of the ,1/^7, San Francisco, Cal.] 81TKA, Odohcr IS, 1867. Editors Alta: During- last night guns were heard in the distance by the sailors, and during the l)reakfa.st hour the OnHvpee appeared in the outer harbor. At eleven o'clock she came to anchor in our midst. She had left San Francisco only two days after the John L. Stephens, reached Victoria in good time, and left there for Sitka the same day that our steamer left iS'anaimo. * * -x- «■ vr •:* -X- In view of the unavoidable discomforts on shipl)oard, General Davis Avas desirous that arrangements should be made to put the soldiers in quarters on shore at the earliest practicable time. Soon after, he per- sonally conferred with the commissioners, and they decided that the ceremony of the transfer of the Russian colonies in North America to the United States should take place at half-past three this afternoon, at the governor's house— this edifice being- the capitol under the exist- ing government. Prince Maksoutofl", the governor, gave orders that the Russian mili- tary force, consisting of a company of one hundred men, should appear in uniform at three; and General Davis directed the military on the John L. Stephens to be landed in full dress at the same hour. A flag-, forwarded l)y the State Department for this occasion, was intrusted to a ' ' guard of honor,'' consisting- of twenty men. The afternoon, though partially cloudy, was pleasant. . At tliree o'clock the Russian troops formed on the parapet in front of the governor's house, on the right of the government flag-stafl', a iir mast, lOU feet high. At the same moment, our troops embarked in the launches belonging to the men-of-war, the boat of General Davis, with the flag and guard of honor, taking the lead. This move- ment covered the little harl)or with boats, and tiie sheen of the muskets, the uniforms of the officers, with the dark and lofty mountains as a background, presented a novel and impressive picture. A short row, and the stars and stripes were landed for the first time on our new territory. As soon as the soldiers were all landed, General Davis, with the guard of honor, proceeded to the governor's house, the latter taking their position on the left, in front of the flag-stafi'. Our sol- diers now filed past, and took their position on the left of the Russians, the latter presenting- arms, and ours returning the salute. The battalion of United States troops was commanded by Brevet Major C. O. Wood, of the ninth infantry; the guard of honor by Lieu- tenant J. E. Eastman, of the second artillery; company H, of the sec- ond artillery, was commanded by Brevet Captain J. B. Mclntire; com- pany E, of "the ninth infantry, by Lieutenant M. C. Foot; Lieutenant C. P. Eagan, of the ninth infantry, and Lieutenant B. W. Livermore, second artillery, were with their respective companies. General Davis was attended by the members of his stafi'. Brevet Lieutenant Colonel G. H. Weeks, assistant quartermaster; Assistant Surgeon A. H. Hofi'; and Lieutenant S. H. Kennev, assistant adjutant general. The Rus- sian infantry were commanded by Captain Helrousky. The Russian soldiery were di-essed in a dark uniform, trimmed with red, with flat, glazed caps. Here, in Sitka, they are employed as day- 336 PAPERS RELATING TO laborers on working' days; but on holidays, which, under the Russian rey the military. Captain Pestchouroti' then gave the signal to lower the Russian Hag, As soon as it began to move down the stafi' a gun thundered from the OssJpee^ the ship of the senior othcer of our squadron, A. moment after it was answered by a gun from the Russian battery. These guns were, tired alternately, first l)v us and then by them, until twenty-one guns were fired b}' each. When the tiag had descended one-third of the distance, it caught fast upon the yardarm. One of the governor's marines ascending disengaged it, and it dropped clown upon the heads of the Russian soldiers, as if seeking a home with those who were its appointed defenders. Captain Pestchourofi'. turning to the American commis- sioner. General Rousseau, said: "B3' the authority of his Majesty the Emperor of all the Russias, I transfer to you, the agent of the United States, all the territory and dominion now^ possessed by his Majesty on the continent of America and in the adjacent islands, according to a treat}' made l)etween these two powers,'' General Rousseau replied: ""I accept from you, as agent of his Maj- esty the Emperor of all the Russias, the territory and dominion which you have transferred to me, as commissioner on the part of the United States to receive the same,'' Our flag was now bent to the halliards by two American sailors, and George Lovell Rousseau, a lad of fifteen and son of General Rousseau, assisted by a midshipman, raised the "Stars and Stripes" slowl}' and surely to the head of the stafi', A gun thundered from the Russian battery, answered bv one from our ship. The firing was alternate, as before, until each had fired the national salute. The Russian eagle had now given place to the American, and the national colors floated over a new, wide -spread territory. Our domin- ion now borders on a new ocean, and almost touches the old continent — Asia, Democratic institutions now extend over an area hitherto the possession of a despotic government. The occasion inspired the soul of every American present, and as the oflicers retired three mighty cheers were given, and we all rejoiced that we now stood on American soil. Riiport of tJie ILm. Hugh MeCaJlocJi^ Secretary of the Treasury^ on Alaska, accompanying the President'' s message replying to resolution of the House of Representatives on the 19th of December^ 1867. Treasury Department, Fehriiary 1, 1868. Sir: I have the honor to transmit herewith, to be communicated to the House of Representatives, in partial response to their resolution of inquiry addressed to you on the 19th of December last, of which a CESSION OF ALASKA TO UNITED STATES. 837 copy was refeiTed to this department by the Secretary of State on the 8th ultimo, the results of a cruise to the waters of the territory recently acquired from Russia, undertaken during- the past summer by the steam revenue cutter Lincoln^ under orders from this depart- ment. The primary oliject of the cruise was to afford protection to the revenue during the period of doubtful and uncertain jurisdiction between the ratification of the treaty and the formal occupation of the country. Advantage was taken of the occasion to procure informa- tion regarding the characteristics and resources of the country. A large number of specimens in the various branches of natural history have been collected which will be deposited at the Smithsonian Insti- tution. A portion of them are already there. Inquiries respecting the new territory have been instituted by the department in other directions, but the results of them are not yet in condition to be transmitted. The}^ will, however, be submitted as soon as possible; it is hoped within a few weeks. I am, sir, very respectfully, 3'our obedient servant, H. McCuLLOCH, Secretary of the Treasury. His Excellency the President. Treasury Department, Jime ^, 1867. ' Sir: You will proceed without delay to San Francisco, and take charge of the steamer revenue cutter Zmcoln, commanded by Captain White, which has been designated to make a voyage to Sitka, and the Russian possessions in America, lately ceded to the United States, to acquire a knowledge of the country with a view to the due protection of the revenue when it shall have become a part of the United States, and for the information of Congress and the people. ******* I am, sir, very respectfull}^, H. McCuuLOCH, Secretary of the Treasury. Captain W. A. Howard, Revenue Cutter Service, New York City. United States Revenue Steamer Lincoln. Sir: I respectfulh" continue my report carried forward to 23d Sep- tember [1867].* In daily, in fact, hourly, expectation of the arrival of the commissioners and treasur}^ agent with instructions for me, I remained very impatiently until 8th October, when I got under way and proceeded to Redoubt, said to be an excellent harbor and a very superior fishing station, east of this port. * * * * * * * Knowing the OssijKe was a very slow steamer, I determined to pro- ceed at once to Chilcate, the head of Chatham straits, mouth of Chilcate *For complete report, see House Executive Document, No. 177, Fortieth Congress, Second Session, p. 195, et seq. 21528—03 29 338 PAPERS RELATING TO river, held ])y the most powerful tribe, and perhaps the most warlike and trou])Iesome on the coast, (this was also the terminus of the Hud- son Bay Compan3"'s trading in Russian possessions north,) hoping- to return in time to receive the commissioner and assi.st in the ceremonies of hoisting the Hag of the United States. On the loth October blowing hard, with rain. We got under wa}" and proceeded towards Peril straits, en route for Chilcate. At 7 p. m., being very dark and stormy, anchored in a narrow passage in six (6) fathoms of water, good holding ground. On the morning of the 14th pleasant weather; passed through Peril straits and anchored at the entrance of Chatham sound. Meeting a canoe, I sent a message to the chief, living not far distant, to meet me at our anchorage that night, which he did. 1 found him one of the most sensible and considerate Indians I had ever met. I entertained him in my cabin, explaining to him that the Bostons (Americans) had purchased the country from Russia, showed him the flag, which he promised to respect and protect. He said, "Perhaps better for Indians; perhaps not.'' The Russians had alwa^'s been good friends, and the King George men (English) had at stated times sent ships to trade with them for furs, supplying them with powder, ball, blankets, and shirts. Would we do the same^ On my assurance that we would, he was satisfied. He had ])rought in his canoe some potatoes for sale. He wished to know if the Boston chief would accept them to eat, but if too small for him (me) would he accept them for the crew? I, of course, could not refuse them. On his departure he thanked me for the "good talk,'' would tell his people to be friends with the Bostons. I made him a present of some tobacco, powder and lead for his rifle; he left well satisfied, promising to watch for the ship on returning and ])ring some deer, which he did. * ***** * At 6 a. m. barometer 29- K)', thick and raining; up anchor and stood into and up Chatham sound towards Chilcate; found the English and Russian charts all wrong per compass and otherwise. We steered from point to point as they came in view, and at 3 p. m. anchored where we supposed Chilcate was or should l>e. Soon appeared ten or twelve canoes and came alongside; permitted some of the Indians to come on board. I was informed by a small chief they were at war with their own head chief, who was up the river at the main village, twelve hours' paddle. I would not treat with him as head chief, as he desired, but explained to him the fact of the purchase of the countrv, &c., &c. I made him, however, suital)le presents of tobacco, bread and molasses, but no liquor, very much to his disgust. He left with his party not quite well pleased with their (//v^, regretting so little has been efl'ected, b}' the lateness of the season, the extremely bois- terous and rainy weather, as also the tardiness of the commissioners^ which kept us many days that might have been employed in examin- ing the eastern archipelago and the main shores bordering on British Columbia. * * * -K- -X- * * Having stated, in detail, each and every movement of the L'mcoln^ it now becomes my duty to reply to the following queries, viz: 1. The most available channels of commerce, the probable haunts of smugglers, and the most suitable points for custom-houses and revenue stations. The most available channels for commerce are through Dixon's entrance, up Chatham strait, Clarence strait, Frederick sound, L3ain channel, to the mouth of Chilcate, New Archangel; Copper river, Cook's inlet, Kodiak, and Ounalashka, through Akentan pass into Behrings' sea — into Illilook or Captain's harbor; all of which afford the best harbors. The haunts of smugglers, at present, are mostly confined to the Prince of Wales archipelago, from the Stikene to the head of Lynn's canal and mouth of Chilcate — in fact, among all the islands and rivers comprised in the Hudson Bay Company's lease from the Russian Com- pany: they are, however, extending to Cook's inlet and Kodiak. *"* * * * * * W. A. Howard, Ca[)t. JJ. S. Rev. Marine^ S2)eciaJ Agent Treasury BejKirtment^ Conimanditig Alaska Eic^edltion . Hon. HUC4H McCuLLOCH, iSecretary of the Treasury, Washington, D. C CESSION OF ALASKA TO UNITED STATES. 341 [Coast Survey Report, 1867. 1 U. S. Coast Survey Station, Sail Franc i.'ico, California^ Novemher 30^ 1867. Dear Sir: — 1 herewith .submit the report of the operations of 1113^ party on the geographical reconnaissance of Alaska. ***** -:s- * Geographical determinations depending upon the tield computation of Assistant Mosman's astronomical observations are given for the stations occupied. The general coast map, not yet linished, is compiled from the maps of Tebenkotf, from manuscript maps, kindly furnished me by Prince Maksoutoff, governor of the late Russian colonies, and from examina- tions of my own. * * ^ * * * * * * * Under your instructions I left New York on the 11th of June, and as no vessel under my direction was specially assigned for this work, thej^ contemplated m.y receiving transportation and assist- ance from the United States revenue cutter Lincoln, then under orders to proceed to Alaska upon special duty of the Treasury Department. Captain William A. Howard, United States revenue cutter service, had the sole direction of the vessel's movement in the execution of his spe- cial duties, and received from the honorable Secretary of the Treasury " instructions, in accordance with your request, to receive on board the Lincoln, a Coast Survey party of live officers with their instru- ments, equipments, and such supplies as they may consider necessary for the voyage, and also to render every assistance and facility in his power to enable them to carrv out the instructions of the Coast Survey oince. ***** -K- * On the 21st of July Ave left San Francisco with strong head winds and heavy sea for thirty-six hours, quite sufficient to change the sta- tionary rates of the chronometers. The subsequent weather was beautiful, and as the vessels kept the coast close aboard I had a very favorable opportunity of refreshing my memory with the appearance of the coast and coast range, making additional descriptions for the directory of the Pacific coast of the United States. ******* THE COAST OF ALASKA — OEXERAL DESCRIPTION. The Pacific coast of Alaska commences at the southward, in latitude 54" 40', forming the north shores of Dixon sound, and sweeps in a long, regular curve to the northward and westward for 550 miles, to the vicinitv of the entrance of Prince William's sound, and thence 725 miles southward and westward to the extremity of Alaska peninsula, where the line of islands generally known as the Aleutian stretch towards the coast of Kamtschatka in a long curve, with the convexity to the south. ****** * From Dixon's sound, in 54^ 40', to the Chilkaht, in 59^ 14', the main land is guarded by a vast archipelago of very large islands, most of them having high mountains throughout, and all covered with a 342 PAPERS RELATING TO dense growth of large .spruce and cedar. The dimensions of this assemblage of islands averages about seventy-tive miles east and west, and two hundred and sixty-five miles north-northwest and south- southeast, divided by numerous navigable passages, one of which, named by Vancouver Chatham straits, stretches in a strait line one hundred and ninety-five miles nearly north-northwest from Cape Ominaney, in latitude 56 -^ 10', to the mouth of the Chilkaht, in lati- tude 59"" 14', with an average width of seven or eight miles, and great depth of water. * * * * ft * * * i:- •::- FUR-BEARING ANIMALS. Of the number and value of the different varieties of skins obtained from the Indians b}" the Russian American Company, it is impossible to form an opinion, as the very existence of their trade depended upon the secrecy with wdiich it was conducted. That the company has been able to maintain a large establishment in persons and material is strong circumstantial proof of the value of the trade. The almost absurdly small amount of trading articles paid to the Indians for their most val- uable skins is so marvellously low that it woidd astonish those who have to pa}^ such enormous prices for the manufactured furs in our large cities. The company itself must realize over a thousand per cent, upon the first cost of the skins, and then the Coast Indians. are not engaged solely in hunting, l)ut act as intertraders between the company's. agents and the interior Indians, who are never permitted to visit the coast. The Hudson Bay Company has had a purchased right to trade in certain localities on this coast, and their traders have availed themselves to the uttermost to obtain the greatest possible sup- plies. From the mouth of the Chilkaht alone they took this year over twentj^-three hundred martens or Hudson bay sables. * ****** DETAILED DESCRIPTION OF CAPES, BAYS, HARBORS, ISLANDS, &C. It w^ould be almost impossible within reasonable limits, and certainly beyond the labor of one person in the time allow^ed, to give a detailed description of the great numbers of known harl)ors and anchorages, rocks, islands, and points that abound in the Alexander archipelago. Indeed so numerous are they that many of them are yet unexplored or known only in general characteristics to the trader. From Icy strait and the mouth of the Chilkaht to the head of Puget sound this great lal)yrinth of waters stands unequalled in the world for safe and bold inland navis^'atioiL '^' * * PORTLAND CANAL. This extensive arm of Dixon sound forms the southeastern dividing line between British Columbia and Alaska: connnences in latitude .54° 41' according to Vancouver's map, and the entrance lies l)etween Point Maskelyne, on the mainland near Fort Simpson, and Point Wales, upon an island lying northwest from Point Maskelyne. Vancouver places the latter in latitude 54-^ 4:3^', longitude 150-^ 15' west, (vol. 1, p. 327,) while the position of Point Wales from the map is in 54 41^', CESSION OF ALASKA TO UNITED STATES. 343 and longitude 150^ 20'. ''The entrance is not more than two and a half miles across, and this, at the distance of a few miles, seemed to be materially contracted.'" From the entrance the canal runs north 35' east twent}^ miles, with an average width of three miles, with channels breaking otf to the east and west, where it receives Observa- tory inlet, a large branch which come about forty miles from the north-northeast. The north point dividing the inlet from the canal was named by Vancouver, Point Ramsden, and placed in latitude 54^ 59', and longitude 140- 57^' west, (page 33t!). At first, when entering upon the survey of the canal and inlet, Vancouver was "uncertain which to consider the main branch." (Vol. 2, p. 330.) STAKEEN RIVER. This river is reported l)y the Russian American Telegraph Company to be navigable for boats for one hundred and fifty miles, to the mouth of the great canon, where the river bursts through a narrow gorge three hundred feet deep, and said to be only seven feet across at the top. but wide as the present bed of the stream. Glaciers come down to the river in several places from the flanks of the mountains, but all of them come down upon the right bank of the stream. The general course of this river is laid down on the photographic maps forwarded to you, and on larger maps obtained from the Russian American Telegraph Company. TAROU RIVER. From the northeast part of Stephen's strait an arm runs north by east for fifteen miles, receiving the river Takou, up which the Hudson Bay Company carry their supplies to the interior. CHILCAHT RIVER. North of Admiralty island the Chatham strait is usually designated Lynn canal, at the head of which enters Chilcaht river on the west, separated b}^ Seduction tongue from a deep bay on the east. The astronomical station of the coast survey was on the small tree- less islet off the mouth of Chilcaht, and Mr. Mosman found the position to differ from the survey of Lindenberg of the Russian American Company. The correction in latitude is seven miles. The field com- putation places the above islet in latitude 59^ 12' 15", and longitude 135^ 25' 54", assuming the longitude of Sitka to be correct. The Chilkaht river has a bar at its mouth that is bare at low tide, and the influence of the tides is felt but a few miles above the bar. An Indian village of twelve large houses exists inside the bar on the left or eastern bank of the river. A sketch of Chilcaht river and approaches, showing anchorages, &c., is given on the Russian map No. lt>, of the Pacific series. The bottom is a very tenacious blue mud, affording capital holding ground. ******* I have yet a large amount of interesting information to communi- cate during the reduction of our observations for the determination of 344 PAPt:RS RELATING TO geographical positions, upon the probability of islands in the Gulf of Alaska and adjacent waters, currents, &c. It will, however, require much time and study to place it in proper shape, but will be commu- nicated as early as practicable. /. * * * * * -:f I have not incorporated my proposed plan of operations for the Coast Survey work demanded on the coast of the new territory, where new means and methods must be devised to insure progress with the neces- sary precision of the Coast Survey, because, upon reflection, I have thought it advisable to develop it in a sepai-ate communication in detail, that would have little interest outside the organization of the work. Very respectfully and truly yours, George Davidson, Assistant United /States Coast Survey. Prof. Benjamin Peirce, Saperintendent U. S. Coast Survey., Washington, D. C. PAPERS RELATING TO AMERICAN OCCUPATION. THE OCCUPATION OF ALASKA BY UNITED STATES TROOPS IN 1867 AND THEIR WITHDRAWAL FROM THAT COUNTRY IN 1877. Report of Adjuiant- Gtuerah Adjutant-General's Office, Washington^ March 31, 1903. The first troops that were ordered to Alaska consisted of 275 men, rank and file. The}^ proceeded there under the command of Bvt. Maj. Gen. J. C. Davis, colonel Twenty-third Infantry. A post was estab- lished at Sitka. October 29, 1867. General Davis accompanied Brig. Gen. Lovell H. Rousseau, U. S. Army, who had been appointed by the President commissioner on behalf of the Government of the United States to receive from a similar oflicer appointed on behalf of the Imperial Government of Russia the territory ceded by that Govern- ment to the United States pursuant to the treaty of March 30, 1867. The formal transfer of the ceded territory took place at 3.30 p. m., October 18, 1867, at Sitka, and the military, commanded by General Davis, took formal possession of the country, property, archives, etc. The only post occupied by the troops in 1867 was Sitka, but during the next three years Forts Kenay, Kodiak, Tongas, and Wrangell were established. In the last two years of the military occupation Sitka and Fort Wrangell only were maintained. The troops were finally withdrawn from Alaska Territory on June 14, 1877. The rea- son for the withdraw^al was that the protection of the Government property and the preservation of public peace and order could be more economically and more efiiciently done by naval or revenue vessels. An agreement was reached between the Secretary of War and the Secretary of the Treasury that a revenue cutter should take the place of the troops on the departure of the latter from Alaska. This agree- ment was carried out, as shown by the following General Orders No. 1, Headquarters Military Division of the Pacific, April 23, 1877: 345 346 papers relating to Headquarters Military Division oe the Pacific AND Department of California, General Orders, } San F'mncisco, Ckil.^ April ^S^ 1877. No. 1. \ 1. The following is pLi])lished for the information of all concerned: War Department, Wa-vhuigton City., April 10., 1877. Gen. Willia3I T. Sherman, Commanding U. S. Army. General: By direction of the President, the United States troops now in g-arrison at certain posts in the Territory of Alaska will be withdrawn upon the arrival of the revenue cutter now fitting out under the control of the Treasury Department, and which is expected to arrive in Alaskan waters about the 15th of May. So much of the public property in charge of the military officers as can not be removed will be turned over to the captain of the revenue cutter, or such other official of the Treasury Department as may be designated, of which due notice will be given you, and upon the departure of the troops all control of the military department over affairs in Alaska will cease. The troops will be ordered to such posts in the military division of the Pacific as the commanding general, with your approval, may designate. Very respectfully, your obedient servant, George W. McCrary, Secretary of ^Var. The first revenue cutter sent to Alaska under this agreement was the Richard RusJi., which was subsequently followed by the Thomas Corwin, and later on b}^ the OUv&r Wo/coft. Appended hereto are extracts from the official correspondence and records of this Department, ]*elating to the operations of the military authorities in the Territory, and especialh" those connected with the Indians on the mainland of southeastern Alaska. Respectfully submitted. H. C. CORBIN, 3fajor- General, Adj atant- General, U. S. Army. ■ Jhstractians to Li<;ut. Col. Rohert. N. Scott. Headquarters Military Division of the Pacific, Sail Francisco,- Cal., Sejjtemher S, 1867. Brevet Lieut. Col. R. N. Scott, U. S. Army, Aid-de-Campt, etc. Colonel: After completing your inspection duties at San Juan Island, you will proceed to Victoria and New Westminster, and col- lect such information as you can ol)tain in regard to the tribe of Indians on and near the boundary between British Columbia and the Russian-American possessions recenth' ceded to us — their numbers, AMERICAN OCCUPATION. 347 locations, character, disposition, whether hostile or friendl}^ toward white settlers, etc. As it will be for the interest of British Columbia as well as the United States that pacific relations should be maintained with all these Indians who live near the boundaries of the two Governments, it is presumed that the officers of Her Majesty in British Columbia will facilitate your inquiries in regard to this matter. You will explain to them the object of your visit, and you are authorized to show these instructions to Governor Seymour, whom you will assure of our earnest desire to maintain peaceful relations with the native tribes in his colony, as well as in our own territory. The prosperity of both must depend, in a great measure, upon our securing this result. It is said that Indians living near the boundary line between north- ern British Columbia and the ceded Russian-American possessions have made several hostile incursions into the settlements in British Colum- bia and Washington Territory, which hostile incursions might have been checked or prevented by proper military force in the vicinity of Fort Simpson or Portland Cimal. To accomplish this object it may be necessary for the United States lo establish a military post within their own territorv, on the north side of Portland Canal. You will carefully inquire into this matter. You will also inquire respecting the character of the Indians on Stakeen River, and report whether, in your opinion, it is necessary or desirable for us to establish a military post at the mouth of that river. Y^ou will also report what measures the authorities of British Colum- bia advise, or have taken, to maintain peace between these Indians and the whites, with the object of a cordial cooperation on our part toward securing that result. Should you have the time and opportunity, you will extend your investigations to the tribal Indians who occupy the islands and coast, east of Sitka. It is probable that our people will attempt settlements here, and farther north toward Cooks Inlet, next year. Should such settlement of the ceded country be resisted by the Indians in our own territory, or in British Columbia, a serious Indian war, with numer- ous complications, may ensue. It is therefore desirable for all par- ties that every proper measure should be taken to anticipate and prevent such results. Ver^' respectfully, your obedient servant, (Signed) ' ' H. W. Halleck, Major- GenevdU Coinmandhiq. Official: Robert N. Scott, Brevtt Lieutenant- Col and and Aid-de-Camp. Colonti Scotfs Vtport on tJit Tndianx^ 1S07. Headquarters Military Division of the Pacific, *SV^/^ Francisco^ (Jal., Novt:nd)er 12^ 1867. Bvt. Maj. Gen. James B. Fry, Adjutant- General Alilitary Division of the Pacific. General: In compliance with letter of instructions from Major- General Halleck, dated September 3, and under authority given in 348 PAPERS RELATING TO jour telegTam of September 30, 1 have visited Victoria, New West- minster, and Fort Simpson, Britisli Columbia, and, for reasons appear- ing hereafter, I extended my journe}'- to the north side of Porthmd Channel — in our new territory. Inclosure marked '''A" exhibits the numbers and location of the Indians on and near the boundary between British Columbia and the Russian- American possessions recently ceded to the United States. For this information 1 am mainly indebted to Mr, Cunningham (the Hudson Bay Company's ag-ent on Naas River), whom I met at Fort Simpson. The total number of British Indians on and near the boundar}- may safely be estimated at 6,800. The American tril)es on and near the same line number 2,000 souls. As a rule these Indians — l)ound together by trading- interests and family connections — are friendly to each other. They are also generall}^ well disposed toward the whites, whether "Bostons" or "King George men." The Indians understand per- fectly well that it is for their interest to have competition for the furs, skins, fish, etc., which they oflei- for sale or barter. These articles command much higher prices since the Hudson Bay Company's monop- oly expired. The otticers of that corporation complain that their busi- ness has been very much injured l)y outside traders. Avho are generally Americans, and assign as a reason that it is only from such parties that the Indians can buy licpior. There is nodou})t much force in this reasoning, but American enterprise has c^uite as nuich to do with the success of these traders as Ameilcan whisky. The Kakes, Stikeens, Hvdahs, Chimpsains, Tongass, Cape Fox, and other tribes congregate on Portland Channel and the Naas River to trade with each other and with the whites. The liquor trade being gen- erally carried on within what is now our boundary. Inclosure marked "B'' exhibits the numl>er and location of the Indians living on the islands east and south of Sitka, and on the main- land from Cape Spencer to Portland Channel. I do not apprehend that the Indians in British Columl)ia would offer any obstacle to the settlement by our people of the islands and main- land east and to the southward of Sitka. Difficulties will, however, in all pro))ability, arise between the whites and our own Indians. These tribes live along the shores of the various bays, rivers, and inlets. To keep them in subjection will require either the interposi- tion of the Navy, manifested by one or more light-draft gunboats paying- periodical visits to the various villages, and inflicting sununarv punishment when necessary, or the constant employment of an armed quartermaster's steamer, which could probabh^ perform such duty while transporting- supplies from post to post. J respectfully recom- mend that a show of military power be made at the earliest practicable moment to the Kakes, Hunnos, Chilcats, and Hoods na hoos. This special service might easily be performed by the Navy. Upon the fiuestion of estaV)lishing a military post at or near the mouth of Stikine River, I feel some hesitation in expressing an opinion — not being able l)_y personal examination to ascertain the disposition or exact location on the river, of those Indians. There are about thirteen whites on the river, at a mining village called Shakesville, about 135 luiles above the mouth; thus far the}' have had no serious trouble with the Indians. The river is navigable for light-draft steam- boats for at least 150 miles, and for canoes much farther. It is an AMERICAN OCCUPATION. 349 important channel of trade with the Indians in the British possessions — through to the headwaters of the Ntias and Skeena rivers — and I have no doubt but that our revenue officers will have to pay particular atten- tion to this inlet; the^^ might require militarv protection. If a military post should be established at any point on the river it would hasten the development of the country, and would certainly concentrate in its vicinity a large number of Indians, who would thus come under our immediate control. A rough tracing of the river (furnished by Capt. Horace Coffin) is subuiitted herewith. Captain Coffin reports an island near the mouth containing about 300 acres of level land, and plent}" of timber and good water, which might answer for a militar}^ post. He also recommends, as a suital)le site, a point on south bank of the river which I have marked on his sketch with a red cross (+). Portland Channel is an important inlet for trade with the interior tribes. It is desirable, as a means for developing the country, and for the purpose of atl'ording protection to our traders and revenue officers, as well as to preserve peace between our own and the British Indians, to establish a small military post on or near the channel. Such an establishment would also have a good moral eflfect upon the tribes living or trading for many miles around the vicinity. Impressed with these reasons, and in view of the importance of the trade upon the channel and adjacent inlets, I crossed over from Fort Simpson to our own territory in search of a site suitable for a military station. I believe the most suitable place to be Tongass Island. This island has an area of al)out one scjuare mile — perhaps more. It is cjuite level, is well timbered and watered, and upon it I found several patches of soil suited for gardening purposes. The accompanying sketch will give a very accurate idea of its locality, and the various channels in the immediate vicinity. (Inclosure C.) Neukoot, alias " Ebitt,-' chief of the Tongass, is very anxious to have an American trading post established on the island, and, thinking that we must be there for some such purpose, he oti'ered a house and gar- den patch to Major Iloyt and myself for nothing. He says that the establishment of such a station would concentrate in the vicinity the Cape Foxes, the scattered members of his own tribe, and many other Indians, and that many Indians would go there to trade who now deal at Fort Simpson and on the Naas River. The island is now the prin- cipal entrepot for the whi^^ky and other contraband trade with the Indians on and near the channel. We found there a large shed filled with whisky barrels awaiting the arrival of an American whisky schooner. If a military post is to be established on this island it would be well to have it declared a military reservation without dela}". Traders might be alloAved to reside upon it ''during good behavior." For the information embodied in inclosures A and B, I am indebted to Mr. W. F. Tohnie, Capt. John Swanson, and Mr. Cunningham, of the Hudson Bay Com[)any, and to Capt. Horace Coffin, who was for many years a trader among the northern Indians, and who lately com- manded a steamer in the service of the Russian-American Telegraph Company. I did not gain much practicable information from Governor Sey- mour in reference to the measures advised or taken by the British authorities to maintain peace between the Indians and the whites. In fact, his letter (Inclosure D) embodies the substance of his remarks during the two interviews which I had with him. My interviews with 350 PAPERS RELATING TO Dr. Tohniewere much more .satisl'actoiT, and he has promised an early answer to my note, copy of which is inclosed, marked ''E." His opinions are entitled to great consideration from the fact that he has spent a long life among savage tribes, and has been for many 3^ears an eyewitness of the results of the policy pursued by our own Govern- ment toward the Indians in Oregon and Washington Territory. Stress of weather prevented my visiting the trading and mission- ary" establishment at Met-la-kaht-la, as advised l)v Governor Seymour, but 1 wrote to Mr. Duncan from Bella Bella, and hope to receive an answer within a month. (Inclosure F.) From such information as I have been able to obtain I have no hesi- tation in attributing the great success attendant, for so many years, upon the Indian policy of the Hudson Bay Company and Her Majesty's colonial officers to the following facts: The savages are treated justly, receiving protection in life and prop- erty from the laws which they are forced to obey. There is no Indian Imreau with attendant complications. There is no pretended recognition of the Indian's title in fee simple to the lands on which he rounds for lish and game. Intoxicating liquors were not introduced among those people so long- as the Hudson Bay ('ompany possessed the monopoly of trade. Prompt punishment follows the perpetration of crime, and from time to time the presence of a gunboat serves to remind the savages along the coast of the power of their masters. Not more than two years ago the Fort Rupert Indians were severely punished for refusing to deliver certain animals demanded by the civil magistrate. Their village was bombarded and completely destroyed by H. B. M. gunboat tUo. As the result of such policy we tind trading posts — well stocked with everything tempting to savage cupidity— safely conducted by one or two whites, among distant and powerful tribes. There is not a regu- lar soldier in all British Colimibia (excepting marines on shipboard and at Esquimalt), and yet white men travel through the length and breadth of that province in almost absolute security; yet the total number of Indians in the colony is estimated at 40.<»i> whites. Dr. Tohnie informed me that Captain Howard, of our revenue serv- ice, had stated in Victoria that no one would be allowed to sell arms or ammunition to the Indians in our territorv. This policy, provided it could be carried out, would simply deprive these people of the means of gaining a livelihood. They must have guns, not only to get food but to secure the furs, skins, etc., of the Northwest trade. But these Indians will get arms and ammunition. If our own traders are pro- hibited from furnishing them, they can and will get them from British Columbia; and in this event they would naturally look upon the British as their best friends. The consequences of such a state of feeling as affecting our trade and intercourse with them may readily be imagined. Inasmuch as most of our trading intercourse with Alaska will be by small vessels running through what is called the '"Inside Passage" — along coast of British Columbia — I deemed it advisable to collect such information as could be obtained in reference to Indians living on and near that route. (See inclosure G.) AMERICAN OCCUPATION. 351 For convenient reference. I submit herewith a copy of the letter of instructions received from Major-General Halleck. (Inclosure H.) Very respectfully, your obedient servant, Robert N. Scott, Brevtt Lieutenant- Colonel and Aid-de-Camp. Schedule A. Indiani^ living (in and near the boundary between British Columbia and tJte Bussian- American territory recently ceded to the United States. <' Living on Chimpsain Peninsula. Their principal village is at Fort chimpsains. Simpson, where a Hudson Bay jwst (the largest on the coast) has been located for some thirty years. There are about nine hundred (900) Indiansat this point, living in large, strongly built lodges. About (l,500) six hundred of this tribe are at Met-la-kaht-la, a missionary and trad- ing village, about fifteen miles to the southward of Fort Simpson, on Chatham Sound. Fort Simpson is a large stockade fort, armed with eight four-pdr. iron guns, but there are now but three or four whites at that station. Naas River empties into Portland Channel at about 55° north lati- ^''la* River in- tude and about thirty miles to the northward and eastward of Fort ''^"*' Simpson. Mr. Cunningham (the Naas River trader for H. B. Co.) was at Fort Simpson while I was there, and kindly furnished such information as I possess in reference to tribes on that and the Skeena River. He estimates the total number of Naas Indians at two thousand. (2,ooo.) The Kakes, Foxes, Hydahs, Tongass, and Stikeens trade on the Naas for Oulicoon oil and other articles. The Naas Indians go into Portland Channel, near its head, to catch salmon, which are said to be verj^ abundant. There is a tribe of about two hundred souls now living on a west- erly branch of the Naas, near Stikeen River. They are called "Lack- weips," and formerly lived on Portland Channel. They moved away in consequence of an unsuccessful war with the Naas, and now trade exclusively with the Stikeens. The H. B. Co. is making strong efforts to reconcile this feud, in order to receive their trade. '^ Skeena River empties into Port p]ssington about thirty-five miles Skeena River below Portland Channel. Its source is not far from the headwaters of " ^''^^^^' the Naas. The total number of Indians on the river and its tributaries is reliably estimated at twenty-four hundred, viz: (2,400.) Kits-alas 400 Kits-win-gahs 300 Kits-i-guchs 300 Kits-pay-ucks 400 Ha-gul-gets 500 Kits-a-gas 500 Kits-win-scolds 400 The last named tribe lives between the Naas and Skeena. They are represented as a very superior race, industrious, sober, cleanly, and peaceable. Living on the island in Ogden's Channel, about sixty miles below Kithatels. Fort Simpson. They number about three hundred persons, and are ^^^■'> not considered very trustworthy. These people trade at Metlakahtla. This name is given to the Indians on the northern shores of Queen Hydalis. Charlottes Island and to all of our Indians on Prince of Wales Island, except the "Hennegas" and "Chatsinahs." «I embrace under this heading all Indians who are within easy access to Portland Channel, coming there to trade, etc., or within an area of 60 miles north and south of that inlet. b I include them in estimate of Naas River Indians. 352 PAPERS RELATING TO B600. A COO. Tongass. Cape Fox diaiis. (150.) Stikeens. (1,000.) The P>riti8li Indians living along the shore from Virago Sound to North Point and Cape Knox nunil)er al)()Ut tliree hundred. Those at INIassetts Harbor are also estimated at thrcn- hundred. The American Hydahs are called Ky-ganneis or " Kliavakans." They number about six hundred souls, and are scattered along the shore from Cordova to Tonock Bay. Quite a number of the men from these tribes are employed about Victoria, and in the sawmills on Puget Sound. A few years ago some of the British Hydahs captured the schooner "Blue Wing," of Seattle, W. T., and murdered all of the crew and passengers — five or six persons. Not many years ago this was a war-like and numerous tribe. It now numbers not more than two hundred souls. They hunt, fish, and trade among the islands and on the northern shores of Portland Channel. Their principal village is on Tongass Island, to which ref- erence is made elsewhere in this report. There is said to be a small settlement of these people on Cape Northumberland, numbering about fifty persons. Ill- A small tribe is living on Cape Fox, about fifteen miles from Port- land Channel, aliout one hundred and fifty in all. The Hudson Bay Co.'s jieople consider tliese Indians as belonging to the "Tongass," but as they are rei)udiate(l l>y the old Tongass chief, I have reported them separately. There are now aliout one thousand of these people. Five or six hundred of them live on the Stikeen River, and the remainder are scattered along the coast from Point Highfield to Port Steward. This tril)e is fast disappearing. Ten years ago they numbered over fifteen hundred souls. I can not say how many of the rfver Stikeens are in our territory. Captain Coffin reports, fiowever, that there is a Rus- sian boundary monument on that river,, about one hundred and thirty-five miles from its mouth, marking a point ten marine leagues from the coast. If he is correct as to the nature of this monument, most of these Indians are within our boundary. The Stikeen tongue is spoken all the way from Portland Channel to Kays Island (mouth of Copper River). Schedule B. Indiarts on the islcDids east aiuj south of Sitka, and on the mabdand from Cape Spencer to Portland Channel/' tribes enumerated in Schedule A being omitted in this statement. PRINCE OF WALES ISLANDS. Hennegas (500.). Chatsians. (500.) Living at Cape Pole, opposite Warren's Island. They number about five hundred persons, and are said to be very jieaceable. On the northerly end of the island and on west side of Clarence Straits. A peaceable tribe, numbering about five hundred persons. KUPRIANOFF ISLAND. This name is given on the Russian charts as " Kekous," but I adopt the name by which they have been known for years by American and British traders. Their village is on the northwestern side of the island, near the head of Prince Fredericks Sound. They number about eight hundred souls. In former years they gave us a great deal of annoyance in Puget Sound. In 1857 some of this tribe murdered the collector of customs at Port Townsend, W. T., and it is said that they are very much excited at the report that they are coming under the " Bostons," apprehending punishment for their various crimes. I am also informed that this tribe has always given trouble to the Russians. Tiiere is a branch of this tribe on Cape Farlshan, or Farnshaw, at the mouth of Stephen's Passage, and opposite the northeastern end of the island. They number about two hundred. « Captain Swanson estimates one-third of these Indians as "fighting men," but this estimate seems too large, even in view of the fact that the proportion of children is much smaller than among the whites. AMERICAN OCCUPATION. 353 ADMIRALTY ISLAND. On Hoods Bay, opposite Pognibsni Straits. About eight hundred people in all. Have a bad reputation among trader-s. This tribe is scattered along Douglass Channel, on Douglass Island, and on the mainland from Lynn Canal to Taco Inlet. The whole number is about seven hundred. As compared with other Indians they are poor. The British traders give them a fair reputation, but our own people call them bad. Koidxnous. (800.) Awks. (700.) TCHITCH.\G0FF ISLAND. On the northern end of the island is a tribe of about one hui and fifty persons. I could not learn their tribal name or anythi to their disposition. red Port Frederick. (150.) INDIANS ON THE MAINLAND. Scattered along from Ca])e Spencer to Point Converden. They Hun nos or number about one thousand in all. These peoj^le are celebrated as ('I'oooV*^ sea-otter and seal hmiters. Capt. Swanson says they have no reason for animosity toward Americans. I learned from Captain CofRn, however, that they are dangerous customers, and that on one occa- sion they captured a vessel V)elonging to the Hudson Bay Company. At the head of Lynn Canal and mouth of Chilcah River, mur.her at <''iil'"'li^- least twelve hundred souls. They are proud and independent in (I'^oo) manner, and are said to cherish peculiar hatred to Americans. About seventy of their forefathers were killed some sixty years ago by the crew of an Anjerican brig, and a desire for revenge is still cherished by them. Small j parties of Americans should be very cautious in r % * -;{■ -x- * At Kontznon we learned that a trading vessel had been wrecked in Lynn Channel and that the crew were in distress. We proceeded in search and found them as reported, wrecked, but the crew were all safe. After relieving this party we proceeded to the mouth of the Chil- cot River. Most of the principal chiefs were absent high up the river catching salmon, but 1 had a ver}' satisfactory interview with a num- ber of the subchiefs and other members of the tribe. They are now very friendly disposed toward us and seem quite earnest in their desire to have us come among them and trade with them. I ])elieve that by next spring I could make arrangements, if author- ized to incur the expense, with the Chilkats to send an exploring part}^ up that river to the Yukon and even down it with perfect safety. This country has never to my knowledge been explored. A discharged soldier fi'om this command is now with these tribes some distance up the Chilkat River; while up there I made inquiries for him and I was assured of his safety. He is an old miner and the Indians induced him to go with them into their countr}^ and prospect it. They assured me tliat they would return him here all safe. ******* I am, very respectfully, your obedient servant, Jef. C. Davis, Brent Major- General, CoiHnianding. Bvt. Maj. Gen. J. B. Fry, Chief of Staff Ileadqi I art <■!'>< Military Division Pacific, San Francisco, Cal. Headquarters Department of Alaska, Sith(, Ahiska, Decemher 21, 1868. Bvt. Maj. Gen. Jas. B. Fry, Assistant Adjutant- General Military Division Pacific, San Francisco. •55- % % Vc -h % V: Indian chiefs from most of the adjacent islands, as well as the Chilkat and Taku on the mainland, have been here on trading expeditions 356 PAPERS RELATING TO recently, and all seem to be well disposed toward us; they expres themselves as well satisfied with the treatment they receive from u.- * * -;:- «- '.r ■«■ -A- 1 am, ver}^ respectfully, 3'our obedient servant, Jef. C. Davis, Breed Major- General., Corauiand'nKj. Headquarters Department of Alaska, Sltlxa^ Alaska.,' January 5^ 18G9. Bvt. Maj. Gen. J as. B. Fry, Assistant Adjutant- General Military Dlrlshni of Pacific. * * * * * w ' * The principal chief of the Chilcots has been hero for some weeks past with a party on a trading visit. He is a very haught}" and impe- rious man, and has been accustomed to having- "things his own wav, heretofore, wherever he went, both among the whites and Indians. This is his second visit here, during both of which he has been treated with kindness and consideration; but this kind of treatment he seems to have evidently misconstrued into fear or timidity on our part, and became more impertinent from day to day until New Year's day, when he and a couple of other minor chiefs undertook to disarm the senti- nel at the main entrance into the Indian village. They succeeded in wresting the nuisket froui the guard and made otf into the village. * * * I confined him and his principal confederates in the affair in the guardhouse, where they still remain. Cholckeka is known as the most powerful and vindictive chief on the coast here. Knowing his history and power, I have watched him and treated him accordingly. I think I have got him in the right place, and will endeavor to bring him to a proper understanding of the authority of the United States. * * * * -x- * * I am, very respectfully, your obedient servant, Jef C. Davis, Brertt Major- General., Conrrnandlng. Headquarters Department of Alaska, Sith(, Alashi, January 10, 1869. Gen. Jas. B. Fry, Assistant Adjutant- General Afilitary Division Pacific. Dear Sir: 3fr * * 7T * * * * * * I had an interview with the Chilkat chief to-day, and am pretty well satisfied that he has repented of his hasty attempt at war. I shall release him soon on good assurances of his peaceful intentions for the future. The SaginaiD will leave for a cruise in Chatham Straits on Wednes- day next, and if necessary will pay the Chilkat country a visit — I ma^' go on her myself. EveiTthing is quiet and prospering. I am, very respectfully, your obedient servant, Jef. C. Davis, Brevet 2Ia']or- General., Conimandiny. AMERICAN OCClTPATrON, 857 Headquarters Department of Alaska, S/th(, Alashf, October 25, 1869. Bvt. Maj. Gen. W. D. Whipple. Assistant Adjutant- Gen ci'aJ 3I!J!fari/ Division Pacific^ San Francisco, Cal. -55- * -X- «■ -X- -» -X- The Rev. Vincent Colyer, a special conmiissioner on Indian atfairs, is now making- an extended visit among tlie Indians in this department, and judging- bv the energetic manner in which he is executing his mis- sion he will be able to report much valuable information to the Gov- ernment concerning them. I am. very respectfully, your obedient servant, Jef. C. Davis, Bi'cwt Major- General^ Connnandii}(j. Headquarters United States Forces, Territory of Alaska, August '20, 1870 (latf Dcjxrrhnent of Alashi). Sir: Within the past few months I have visited in person most of the tribes living on the islands forming the Alexandrian Archipelago, as well as the luainland east and north of them, from Fort Tongas to the Taku and Chilcat rivers. 1 have also visited those in Cooks Inlet, island of Kadiak, and several of the Aleutian Islands, including St. Paul and St. George, in Bering Sea. With the exception of the two last named (which will be more full}" reported upon in detail here- after), I found a very satisfactory state of affairs existing among the nations. * * * I am glad to be able to report a very decided decrease in the liquor- smuggling business during the past year. This is owing to increased vigilance on the part of the (jovernment officers, both revenue and military, and the increased restrictions imposed upon the shipment of it into the Territory by the Government. The collector of customs at Sitka has been very energetic and successful in his efforts to sup- press this traffic. The United States sloop of war Cyane still lies at anchor in the har- bor of Sitka. Being a sail vessel, she is perfectl}^ useless for the service she w^as sent here to perforuL She can not cruise in our inland waters where the Indians live. She has a very intelligent and accomplished complement of young officers, who 1 know would like to be more actively and usefully engaged if they had a suitable ship. Their service here in this vessel is a species of exilement, without much advantage to the Government or themselves. I desire here to allude to the valuable services rendered by the revenue cutters when in these waters, both in suppressing illicit trade and in cooperating with the military in looking after the Indians 358 PAPERS KELATING TO whenever culled upon ])y me. On several occasions the cutter Lincoln. rendered valualde and prompt service. * *. -k * * * * I am, very respectfully", 3'our obedient servant, Jeff. C. Davis, Colonel Tictniy-tJitrd hifanfri/^ Commanding. Assistant Adjutant-General, Head qii art cri< Departnicnt of the Cohunl>(a^ Portland^ Greg. Report of Maj. Gen. George 11. Thomas. Headquarters Military Division of the Pacific, San Franekco., Ca/., September 27., 1869. General: 75- * ^ * * * * After touching- at Victoria, Vancouvers Island, for coal, I proceeded direct to Alaska; reached Fort Tongass July 18. This post is on one of the small islands of the Tongass group, at the southern end of Alaska Archipelago, and is occupied by one company of artillery. As it has been useful in checking illicit trade with the Tongass, Cape Fox. and other Indians, and is on the boundary between Alaska and British Columba, I have not thought it wise to discontimie it at pres- ent. Arrived at Fort Wrangell the night of the ll>th of July; it is on AVrangell Island, near the mouth of Stakeen River, which is one of the channels of communication of the Pludson Bay Companv to their post in British Columbia, east of Alaska. I did not disturb this post for the same reasons that governed me at Tongass. Both these posts serve also to protect the customs othcers stationed at them. Arrived at Sitka July 22. This is the headquarters of the depart- ment, and was the headquarters of the Russian- American Fur Com- pany. There are still a number of Russians and half-breeds in the town, and a large village of Indians immediately outside of the stock- ade. The Indians are treacherous, warlike, and, until recently, discon- tented with the change of governments. It will be necessary to main- tain a large garrison at this place to protect the traders from t!ie Indians and preserve order and good behavior among the whites and half-breeds. In January last a party of Kake Indians attempted to leave Sitka in violation of orders; in resisting the attempt one of the Indians was killed by a sentinel. After they were permitted to return to their homes they killed, in revenge for the loss of their companion, two white men who had left Sitka in Deceml)er on a trading expedi- tion in Chatham Straits. Upon hearing of these nuirders General Davis proceeded in the L'nited States steamer Saginair to punish them; upon his arrival at their village, finding it deserted, it was destroyed. He did not succeed in finding any of the murderers. Since then this tribe has been very quiet. In my personal interview with General Davis I became satisfied his course was right and necessary in that instance. I will here mention that on my return from the northwest to Sitka, General Davis reported that during my absence he had visited Forts Tongass and Wrangell on the revenue-cutter IJncofn. and that while in Tongass u white trader complained that he had Ix'cn rol)bed by Ciipe Fox Indians. He went AMERICAN OCCUPATION. 359 to the villaoe, and upon investigation found the statement substantial!}^ correct. He then demanded the robbers of the chief, who excused himself for not delivering them because they were absent fishing. He arrested the chief and medicine man of the tribe, and took them to Sitka as hostages for the delivery of the robbers, telling the chief's wife and subchief that he would hold them until the robbers were given up. The result of this prompt action was the delivery of the robbers to the commanding officer at Tongass. They will be punished by confinement and work at Fort Tongass, as a warning to the tribe, and the chief and the medicine man released and returned to the vil- lage. This, I presume, has been done by this time. * * * I am, general, very respectfully, your obedient servant. George H. Thomas, Major- General^ U. S. Arnn/^ Comniandlny. Bvt. Maj. Gen. E. D. Townsend, Adjutant- General U. S. Arjiiy. Sir: General Iloward's toar in Alashi. Headquarters Depart3iext of the Columbia, Parti ((nd^ Orcg., June 30^ 1875, Bv "i.'M) p. m.. Tuesda}', June 8, Ave were at anchor near Fort Wrangell. I lirst made a thorough inspection of the detachment and post. Lieut. John A. Lundeen, Fourth Artillery, is in command. He had with him Lieut. M. M. Macomb, Fourth Artillery, and 12 enlisted men. The stockade and Iniildings appeared in a fair state of preservation, and the condition and discipline of the command good. The garrison being small, he rents and occupies onl}^ a part of the stockade inclosure, so that he is necessarily more or less exposed to annovance from people who are not connected with the Army. He reports successfid attempts to manufacture strong drinks for sale to Indians and others nearby, which, as yet, he has not had the facilities to reach and hinder. I authorized him to employ a canoe for this work, when the distance rendered it practicable. Major Campbell's vigorous administration has already had an evi- dent effect in this part of Alaska to check and almost prevent the illegal traffic in spirituous liquors. As soon as the inspection was over, the Indians from the "ranches" (as their long rows of houses in plain sight are called) came with dejected looks to interview me. They fortunately had a prime interpreter in Mr. Alexander Cho- quette, who speaks English and the Stickeen (Thlinket tongue) with equal readiness. The complaint was that we had taken away their chief, Fernandeste, by force; that our people (the accused prisoners, no doubt) had so frightened him as to the consequences of his deten- tion and journey to Portland, that in terror he took his life; that his immediate relations were worried almost to madness by the sneers and gi})es of other Indians, who said they were cowards because ther did not have their "• revenge" or "settlement." I learned that under the influence of this passion and drink an: attempt had been made more than once to kill a white man. and that 360 PAPERS RELATING TO the promise of a " settlement" hy me was what the Indians rested in. Now that I had come, they thought I would make it all right. They made several urgent requests, but tinally settled on the eondition of a ''potlatch" of 100 blankets and the dead bod}' of Fernandeste. Having already obtained the permission of the Secretar}" of War for the issue of blankets, and having the ))ody of Fernandeste with us (it having been disinterred at Astoria and put on board), I deemed it the wisest plan to yield to their fervent entreaty, and gave the l)lankets and body. The whole appearance of the Stickeens changed. That night the}' gave us a characteristic dance of satisfaction, depicting in their rude way the departure, the suicide, and return of Fernandeste, our visit, and the settlement. EXPEDITION UP THE STICKEEN — CUSTOM-HOUSE — ITS LOCATION — BOUNDARY LINE IN DOUBT — GLACIERS, ETC. The next day, by the courtesy of Captain Irving, the owner of the small river steamer of Glenora. having arranged to pay merely the extra expense of fuel, I took our party up the Stickeen River as far as the l)oundarv between our territory and British Columbia. No building is yet erected for the custom house. The place for the English cus- tom-house officers' tents is supposed to be selected within the British line. Some of our shrewd frontiersmen say that it is not 10 marine leagues from the sea, as it should be, there being really doubt as to the summit of the coast range of mountains. I took a copy of the state- ment of the ])oundary line as published in an English journal. (See paper attached, marked ""A.") It seems now to an observer of little consequence among these rough mountains where the exact line of division really is; but remembering the trouble the settlement of the channel question gave us at Vancouver Island, I deem it of sufficient importance to recommend that the attention of the proper department be called to the existing dou])t not plainly settled l)v the treaty, that the line may be detinitely fixed. * ■ * ■» * -X- -X- * Wednesday, the 16th, at daylight, we are anchored at the mouth of the Ciiilcat River. The strong, cold wind lashes up the waves and every- thing appears wild and dreary. The Indians (Chilcats) are paddling around the steamer. They appear thin in Hesh, ])ut very tough and hardy; not so well clad as those at Sitka. In other respects, in lan- guage, size, and features, like them. Here Sitka-Jack, of whom I have spoken, with his canoe thoroughly manned with paddles and carrying a United States tlag in the stern, comes up to us in style, and he is welcomed on board the Callfonila. He pilots our rowboat over the flats to the small Indian village 4 miles up the river; tells us that the main Chilcat ranches are some 16 or 18 miles farther up. The village we visit is under the shelter of an inunense mountain. It is so similar to the Koitznous that I will not further notice it. Very respectfully, your obedient servant, (). O. Howard, Briyodier- Geueiud^ ( 'oiiirnandlng. Assistant Ad.j utant-General, JI((((((p(((rt<'rs Military IJivi>!• * I thiidv there will bo no further trouble unless (xeneral Davis releases the Chilcat chief, when I look for trouble with that tribe. Their vil- lages are remote from the sea, and men-of-war can not get near enough to shell them. The tribes are the most munerous and warlike in this region and their chief is a person of great influence over them. * -X- -X- * * -x- % Richard W. Meade, Jr., Cvirimanding. U. S. S. Saginaw (fourth rate), Slthi, Alad-a, February 1, 1869. Rear-Admiral T. T, Craven, V. S. JVavy, Coninuindlng North Pacific Squadron. Sir: I left this port on the 13th of last month, for a cruise to the northward, and returned here yesterday, having visited the following- places: Soidoy Bay in Peril Straits, Koteosok Harbor* on Admiralty Island, MitchelFs JBay * in Kootznaboo Archipelago, Freshwater Bay on Tschitchagoff Island, William Henry Bay in Lynn Channel and P3'ramid Harbor* at the mouth of the Schillcat River. The position of the last-named place is lat. 59 ' 15' N., long. 135" 31' W., and it is the head of navigation for vessels drawing o\'er 10 feet water. I found the natives friendly. The harbors marked Avith an asterisk (■•) were named during the cruise. The charts of this region are very imperfect, and numerous points, bays and islands are without desig- nation. In fact the country is practically unexplored. I caused plans of all the above places to be made (except Souloy Bay, where we merely anchored for the night) and will send tracings and sailing directions to you by the first opportunity. -X- -X * % -x- -x- -x N^ery respectfully, Richard W. Meade, Jr., CoiHinaiidrni/ U. S. S. Sa(/itiaa\ No. 34. j Flagship Saranac, off Chilcat Village, Headavaters of the Inland Navic^ation, Alaska, July 31, 1873. Siu: I ha\e the honor to inform the Department of our departure from Es([uimault, British Columbia, on the 16th instant, and of our arrival hero on the 30th. AMERICAN OCCUPATION. 363 I have availed myself of every opportunity en route, to have a friendly talk with the Ala.ska Indians, several of whom, with their ehiefs. have visited the ship, and appeared to be impressed with the importance of being on good terms with us." The fact that our vessels of war can reach many of their principal villages and fisheries, and interrupt trading by water, their onlv means of communication, has doubtless had its ell'ect. It is desirable that these waters should be visited more frequently than they have been for some time past, and as the ^Saranac is the onl}^ vessel under my command, at all suitable for such cruising, I would reconunend that a small steamer of light draft be attached to this squadron for that purpose. Such a vessel judicially managed, would not only keep the Indians quiet, but would atiord her officers an oppor- tunit}" of obtaining valuable hydrographic information now so much needed. * * * -:^ -Vr * * Very respectfully, your oliedient servant, A. M. Pennock, Heai'-AdintraU Coinmaudhuj U. S. Nacal Force on North Pac/Jic Station. Hon. (Ieo. M. Robeson. Seci'dary of the Xnvij. No. 30. J Flagship Saranac, Port lownsend., August 31. 187o. Sir: ^ * «• -X- * * * For some years past there has been bad blood between the Stickine and Chilcat' tribes. When at Ftolin Harbor, the Stickine chief solicited my good offices in bringing about a reconciliation. Having talked the matter over with the chief of the Chilcats on my recent visit to his village, I found him ready to bury the hatchet. Subse- quently, a delegation of chiefs requested the commander of this ship, Captain Phelps, on his return to Etolin, to announce their coming for the amicable settlement of all their difficulties. -X- * -x- -:r «■ * -X- Very respectfully, your obedient servant, A. M. Pennock, Pear- Admiral, Connaauding U. S. Naval Force on North Pacific Station. Hon. Geo. M. Robeson, Secretary of the Navy ^ WasJiington, I). C. Cajjt. L. A. Bearddee to the Secretary of the Navy. Navy Department, Washington. D. C, April 28, 1881. Sir: I have the honor to submit herewith a report prepared by me in obedience to the orders of the Department, dated November IT, 187U, «See log U. S. flagship Saranac of July H], 1873; also letter of Rear- Admiral H. ('. Taylor, U. S. Navy, to the Secretary of the Navv, of April (3, 190:3, jMst pages ;396 and 40t. 364 PAPERS rp:lating to in ^\hich I am instructed to prei:)are u report of nn- operations while in command of the U. S. S. Jamedoum^ stationed at Sitka, Alaska, which order was sul)sequently modified l\y verbal instructions to in- clude in the report such information in regard to Alaska as I had obtained during- my command. I have therefore added papers treating- on the character of the coun- try and of its inhabitants, its resources, and meteorological phenomena. The collation and arrangement of the data on this subject, although embi-aced in twenty pages, has occupied a large proportion of the time since I was assigned to the duty. I most respectfully submit, in connection with this report, the accom- panying copies of letters from the honorable Secretary of the Navy, R. W. Thompson, and the chief of the Bureau of Navigation. 1 am, very respectfully, L. A. Beardslee, Captain., U. S. Navy. Hon. Wm. H. Hunt, Secretary of t lie Nary. Till- Srcrrtarii of the Xdri/ to Captain Beardslee. Navy Department, Washington, Xore)nber 30, 1880. Sir: The Department omitted, at the time of your detachment from the command of the Jame-^loivv , to exjDress its approbation of your course regarding matters in Alaska. The condition of that Territory was such that the presence of a war vessel would have been of little use without a commanding officer of rare judgment and discretion. Your course while in command met with the entire approbation of the Depart- ment, and tended to restore order and preserve peace. The condition of the people of all classes in that country, where no law existed, was much improved by the measures adopted by you, and much that you did was the result of your good judg- ment, as you were required to act promptly and without the advantage of advice or instructions from the Department. Your successor in command commends the admirable condition in which he found affairs in Alaska, and attributes it to the wise course pursued by you. Very respectfully, E. W. Thompsox, Secret a ri/ of the Xary. Commander L. A. Beardslee, V. S. Xari/, Wa>t From these I deduced — First. The United States had exclusive jurisdiction over Alaska. Second. As the senior Government official present, it was my duty to maintain this jurisdiction. OPENING OF THE CHILKAT AND CHILKOOT COUNTRY TO THE W^HITES. In September, 1879, certain events took place among the Indians, which w-ere duly reported in my October dispatch, but which have been omitted from their chronological position in this report, l)ecause, although apparently at the time of slight importance, the}" proved to be the starting point of the most valuable results which sprung from our intercourse with the Indians, namely, the removal by the chiefs of the Chilkat and Chilkoot tribes of all prohibition to the white men from entering their territory, which prohibition had been always strictly maintained; and the bringing of these tribes and the Hoonah Indians into a most friendly intercourse with the whites. These events were reported as follow^s, in my dispatch dated October 5, 1879: The month of September has been marked by perfect freedom from drunkenness, fighting, or disorder of any kind in the Indian ranch. A great nmnber of Indians have returned from hunting, etc., and the ranch is no longer deserted, but the returns have ceased to be celeljrated by pot-a-latches; the Indians throng the white settlement, but there is no disturbances. The residents state that there has never been so quiet a month. When we first arrived every night was made hideous by drunken orgies and many fights. I have not had cause to even censure an Indian since the raid made by themselves upon the cannery ranches. * i5- -X- «■ -,.- * * I attribute the change to the influence of the Indians in our employ. * * * There has been an unusually exciting cause for sprees: About the 25th of Septem- ber news was brought by Indian canoes that there had been a big fight up in the *S!• % In pursuance of the arrangements made between Major Morris, as representative of the Treasury, and uwself , as senior naval officer, the proposed trip w^as made, and its objects and results reported to the Navy Department in the following- dispatch: U. S. S. Jamestown, S\tlu!)les, and 1 did so, and by my recjuest the Kootznous and Stickicnes, the Iluunahs, and Sini-Sinis (Fort Simpson Indians), and the Chilkhats and Chilkhoots stopped wars that had started, and all sent me word that they wanted the white man to come among them and teach them. So I wrote to the Great Father that war times were over, and that it was now time to send teach- ers for the children, traders to do business, and a peace Tyhee to teach the Indians how to do business with the whites. Such a Tyhee has come with me. I came myself that I might get acquainted with all of the chiefs who have helped me so much, and that I might introduce to them the business Tyhee as my friend, that they might know that the war and peace Tyhees of the white men worked together. "At Koeteosok, Kootznoo, Hoonah, Tink ha-tah, and other places we found all quiet and peaceful, and we talked with the chiefs — I about such matters as I had charge of, and the business Tyhee instructed them how to carry on their business with the whites; but, now we have arrived at Chilkhat, the business Tyhee can not talk, for there is war, and my work is not yet finished. " Unless this war is stopped at once I sliall leave here to-day and go back to the Jamestown and tell the Great Tyhee in Washington that the Chilkhats and Chilkhoots are not yet readv for a talk with the business Tyhee, and that the white men must AMEEICAN OCCUPATION. 373 not come beyond Cross Sound. I am very grieved and mortified. Can not you four men, and will you not, stop this trouble, which is now but like a little tire which has started, and which can easily be put out by a cool breath, but which, if it gathers headway, will destroy the country? Will you not help me to blow it out?" At this point a conversation between themselves was followed by a request that we should hear the story of the war and act as arbitrators; this we refused to do. Such action would have been highly imjiolitic. It would be im])ossible for any Avhite man to i>lace just the right weight on the various points which would arise. From an Indian point of view, in which both ))arties would coincide, acts which we might condemn would be considered as right, and vice versa, and I said to them: "That we can notdo; we did not couie here to interfere in your affairs; we came in a little boat, a>s friends, to pay a visit; we know that you Indians have laws, and that by them this dispute can be settled better by your chiefs in cool, deliberate council than by young men, crazy with hoo-che-noo, killing each other." Klotz-Kutch. "We have listened to what you have said, and we agree that it is better that we should do what you say, but we can not settle the affair without con- sulting the family of (?) (the shot man). I would rather pay two hundred blankets than have a long war about a bad man that was not worth a hundred. We are the rulers of all the Indians, and we promise you that the war shall stop now and that such payment as a council decides is just shall be i>aid by me." Danawak and Karskarz, the Chilkoot chiefs, indorsed the promise of Klotz-Kutch, and the two parties, who up to tiiis time had held aloof from each other, began a friendly consultation. I then said to them: "Now that you have all joined in this promise, am I to understand that, excei)t as to the amount to be paid, the whole affair is settled, and that the war is over?" All assured me that such was the case, and I then said: "I know that you will keep your word, for you are warriors, and brave, and only cow- ards lie, and I know that you old men have wisdom enough to see that it is best to settle a trouble without anger." Then I introduced Major Morris, who had a long talk with them on ])usiness mat- ters — smuggling, whisky dealing, etc. They manifested much interest in the subject- matter of the major's address, asked a number of questions, and promised to be guided by his instructions. Both of the tribes were greatly pleased by an offer that Mr. Yanderbilt, the agent of the Northwest Company, had authorized Major Morris to make, viz, to build at the trading post a comfortal>lt^ schoolhouse, where those who wished could be taught by Mrs. Dickenson, the wife of the post trader, and they said that they would not only send their children, but would build a new village around the post so that tlir children could be with their parents; and after consulting together the Chilkats sclcitcd a site to the westward and the Chilkoots one to the eastward of the store. They received, with considerable amusement, a proposition made by ^lajor Morris that on future trips of the FarorUe good, wholesome beer, which we whites drank and go.t fat and healthy on (illustrating by his own person as an example), should be substituted for the trouble-brewing molasses. It is my belief that if this change can be made gradually, the use of molasses, as a beverage, can be greatly reduced; and so thought the chiefs, who are very willing to have the experiment tried. After the interview we exhibited to them the howitzer and Catling, firing a number of rounds from both; the action (jf the Catling, which was mounted on a i)ivot block aft, so that we could sweep two-thirds of the horizon, was particularly interesting to them, as it taught them what one man could do to a fleet of canoes coming from all directions. After this they all went ashore together t(j hold a pow-wow, and finish up the busi- ness. Klotz-Kutch, who had evidently anticipated that the case would go against him, one of his family having taken a life, which must be atoned for by another, or payment, had brought with him a bale of furs and ])lankets; and we having thus accomplished all of the objects of our mission, including a treaty of peace, and the (juelling of a war which had already put a stop to all trade, and had endangered the lives of United States citizens, and which might have been prolonged indefinitely, started August 25, at 1 p. m., for Sitka, arriving at that place on the 29th. ******* Before elosing this portion of the report it .seems not otit of place that 1 should avail myself of information furnished to the department by my successor, Commander Glass, which bears upon subjects which have been discussed. Up to the latest dates, March, 1880, the Indians 37 i PAPEKS RELATING TO throughout Alaska have kept their promises to me, and have remained on harmonious terms with each other and with the whites. Shortly after my departure in September, 1879, Lieutenant Symonds continued in the Favorite the system of survey begun by Mr. Hanus. Visiting- the Chilkat village he found that the promise of Klotz-Kutch to pay the demanded forfeit had Ijeen made good, and that peace was reestablished. Among the important results of this second trip in the Favorite wsis \ the hydrographic work embodied in chart and Hydrographic Notice 98, and the locating of the Chilkat villages, which he tinds are beyond I doubt in tlie United States territory; he also obtained a census of the Chilkhats and Chilkhoots, which shows that their numbers have been overestimated. / The privileges granted to the miners of penetrating the country have / resulted in the discovery of gold-bearing ledges and silver ore in vari- ' ous places, which, it is thought, are of great value, and these discov- I eries have attracted to Taku so many whites that a new town called I Rockwell has ))een built, which will undoubtedlj^ soon prove a nourish- ing settlement. HYDROGRAPHIC WORK. The hydrographic work for the summer of 1880 was confined to that performed by Master G. C. Hanus while on a trip through the inland waters with me in the stenmer Fa vo rite ^ a portion of which is incorpo- rated in Hydrographic Notice No. 79 of 1880, hereto appended, and other portions in corrections to Chart No. 225, which is now being- altered in accordance. After ni}^ being relieved by Commander Glass, the survey of the in- land waters, through the medium of the Farorite, was continued by him, and the results of a trip made by Lieut. F. M. S3'mond8 are incor- porated in Hydrographic Notice No. 98, which, as it serves to explain certain portions of this report, is also appended. Mr. Symonds's work furnishes also other important corrections to Chart 225, which chart is the only one of use to a navigator in these inland seas, and which had been laid aside as too erroneous for issue. The surveys of the Jaine>le looking, with Caucasian features. Kacky, the other chief, is young and good looking, being particularly notorious for his unscrupulous dealings and quarrelsome disposition. The village is on a wide, grassy, alluvial flat, having for its background a bold granite mountain, whose precipitous peak was streaked in a remarkable manner by slides of bright slaty granite, sand, and gravel, while lower down were shrubs and bushes of bright yellow and crimson shades, deciduous growth, and woods of dark evergreen. The village was noticeably clean. After leaving this village a course was shaped up the river, and, although an oppos- ing current of at least 4 miles an hour was encountered, good progress was made, the breeze being fresh from the southward and eastward. The course from the village was southwest. Two miles from the village precipi- tous mountains, 2.000 feet in height, rose on either hand. The timber on the moun- tains gradually clraugcs, deciduous trees taking the place of the evergreens, and bushes replacing the larger trees, until at about 10 or 15 miles from the mouth of the river the mountain sides are brightly mottled with yellow and orange. On the southeastern side of the river the rugged and serrated mountain crests, covered with snow, appear cheerless and uninviting. About 5 miles southwest by south from Tondustek, up the valley of a stream called Takheen (Hindmost River), is the Bertha glacier, resting on a southern mountain slope and reaching nearly to the surface of the river. It is precipitous in its descent and has a double snout, occasioned by a huge mass of rock near its medial moraine. The ice is very clear and white. The mountains which feed this glacier are of the same group which supply the Davidson glacier and the many small glaciers which spring into view on the southwestern shore of Lynn Canal. At 1.45 p. m. September 27, 1880, Tondustek bearing northeast, 7^ miles distant, the coarse was altered to west. Sand bars just awash were continually met, and the average depth in the channel was only 2 feet. In altering the course Spuhn Point was rounded. The river at this point is IJ miles in width. The flats oi)posite Spuhn Point extend out for nearly a mile from the southwestern bank of the river. The temperature of the water at this point was 46° F., the air being 53°. At 2.80 p. m. the canoe was off Vanderbilt Point, which bears west from Spuhn Point, distant 25 miles. The general course was now west-northwest. Leaving Vanderbilt Point, the mud and sand flats, which All the lower part of the river, were left behind, and numerous low, flat islands were met with. These islands, covered with alder, willows, birch, and cottonwood, inclose the shallow channels, while great stretches of barren gravel and sand flats, with sloughs and pools, flU the intervening spaces between the islands. The current is rapid and increases in proportion as the channel betweep the islands narrows, running at times 5 or 6 miles an hour. As the party progressed the average width of the river was 1 mile, and the general course was gradually altered to west by north. At 6.30 p. m. the" canoe reached Cainp Point, which is half a mile southeast of Kutkwutlu (Gull's place) and 16^ miles from the mouth of the river. On the morning of the 28th the course was continued up the river, and Kutkwutlu was soon reached. This village, the second from the river's mouth, is very dirty, and consists of 11 houses, with a population of 125 Indians. There is no head chief at this place. From Camp Point the north bank of the river trends a little to the northward and 37(3 PAPERS RELATING TO then to the northward and westward to Chilkat Point, at the npper extrennty of Kkikquan village (Old town). The river is here 2 miles wide and is alive with salmon. The cliffs on the banks are abont 2,000 feet in lieight. Klukquan, the main Chilcat village, l)ears west )>>' north from Camp Point, distant 3 miles. It eontains Ho houses and a i)opulation of 558 Indians. From this village the voyage was continued up the Taheen (King Salmon) River, which was entered after rounding Chi Icat I'oiut. At 11.15 the party was off Glass Point, which bears WNW. } W. from Chilcat Point, distant 2h miles. Glass l~oint extends out nearly to the center of the river valley. The river is here 2 miles in width and its general direction is west northwest. At 12.20 p. m., (ilass Point bearing south by east, 6 miles distant, the trip up the river was discontinued at a point south by east, a cjuarter of a mile from Jamestown Point. Nearly west of Klukquan village is a point on which is Chilcat Peak, 4,000 feet high, it is at this point that the Taheen, flowing from west northwest, and the Kluheeny (Dog-salmon), from southwest by west, meet. No information could be obtained as to the source of the last-named river. The Taheen is the outlet of Kou- souah (Long) Lake, which, from Indian reports, is about 30 miles from Klukquan. On the Taheen, 14 miles from the lake, there are falls (>0 feet in height. Into the Taheen, 13 miles from Klukquan, empties the Ka.itl Kiver, flowing from the northward. This latter is a small river, and is not navigable for canoes. About 3 miles south of Kluk(]uan is Chilcat Lake, which extends about (i miles northwest and southeast. From every indication on the banks of the Chilcat River, Lieutenant Symonds concludes that (hiring the spring and summer freshets the river never rises more than 2 feet above its level in September, which rarelv exceeds 3 feet in the deej)est part of the main channel. ( H. N. 98-'80. ) (Bearings magnetic. Variation, 31° easterly in 1880.) CHiLcooT INLET. — (Scechart. ) m2.—I>rii(:i Hirer.— The Deyea River, the outlet of Chilcoot Lake, is small and shallow and navigable only for canoes. The main village, called Tananei (Salmon Leaf), is at the junction of "this river with the lake. It contains 8 houses and has a population of 127 Indians. At the mouth of the river there is an Indian hunting village containing 3 houses. East-northeast from the mouth of the river there is a small glacier, and east l)y north from the same point is the entrance to Tyya Inlet, which extends in a north- erly direction to the mouth of a river of the same name. This river is navigable for canoes only. The northeastern side of Chilcoot Inlet is incorrectly placed on Commander Meade's chart, but want of time prevented Lieutenant Symonds from obtaining sufficiently reliable data to })lace it correctly. The loftiest mountain i)eak,'just to the southward of Tyya Inlet, was found by barometric measurement to be 3,700 feet high. There is reporteil to be iilenty of water and good holding-ground in Tyya Inlet, to the mouth of Tyya River, but no harbor. A mid-channel'course up either Chilcat or Chilcoot hdet shows that both are in error at least one point, as thev trend that much more to the westward than shown on the charts. (H. N. 98-'80.)' (Bearings magnetic. Variation, ;*)1° easterly in 1880.) CniLCAT, CHILCOOT, AND INTEKIOK TKIHRS. 963. — Description. — These tribes are all of the general classification groupof Thlinkits. The whole region pos.sessed by them is called Kunana, and its inhabitants Kunaiini. One group of tribes, called Alitsch (which is their word for "people" ), consists of six small tribes, viz, Tagesh (living nearest the coast), Kluhtane, Netlatsin, Tahtlin, Klukha, and Tahho. To the northward of this group is another group. Their name for people is Tinten- which gives the name to this group of four tribes. There also appears to be a tril)e, or group of tribes, bearing the name Tenneh. The above information was obtained from old Chilcat and Chilcoot traders, who visit the northern inland country yearly to trade with the interior tribes. These interior tribes, esf)ecially the Alitsch, receive their goods from the traders, who cross the divide, passing first over the mountains to the Tyya River, then ascend- ing it to the glacial region, crossing from thence by a gap, and descending on the northern side into the bleak, soft, bush region. They barter with the Indians for their furs, and being in possession of the market values, the trade is a remarkably lucrative AMERICAN OCCUPATION. 377 one to the traders. They look upon these interior tribes as tributary to them, and prevent them from visiting the coast by stories of the dano;ers of the route and by threats of violence. The Northwest Trading Conii)any rendered Lieutenant Symonds valuable assist- ance in the prosecution of his work. It has established a trading post at Portage Bay, Chilcoot Inlet, and the Presbyterian Mission has taken steps for the immediate construction of a mission school and church near the same place. (H."N. 98-'80. ) (Reports of Lieut. F. M. Svmonds, V. 8. Navy, Sitka, Alaska, October and November, 1880.) Very respectfully. L. A. Beardslee, ('(i])ta!)KU. S. Xavy. 21 r. WtxxhrniiJi to Votnmander Crfa.s.s. U. S. S. Jamestown (third rate). Lying of Sitl'a, AJaxk<(, MarcJi J. ISSl. Sir: In conipliance with your orders of January 2i. I have the honor to submit the foUowino- report: January -27. I saw the Rev. Mr. Young and delivered to him your letter, and spoke to him in regard to your proposition that the Stickines should come to Sitka, and there "meet and compromise with the Hooehenoos in regard to their intertrilml ditticulties. -::- -K- -x- -K- * * -K- January 31 I held an interview with the Stickines. I requested the presence "of Mr. Young, and he kindly granted me his advice and as- sistance. There were present at the interview, one chief. Shakes, and sixteen heads of families, also an interpreter furnished by Mr. Y^oung. 1 began the interview by stating your desire to make peace between the Stickines and the Kootznoos." 1 proposed to them the selection of four of their number to accompany me to Sitka, there to meet a delegation of the Kootznoo tribe, and make some adjustment of their troubles l)efore you. To this the\' seemed gladly to acquiesce. I assured them that the delegation should not go, should tho.se members of the tribe remaining in ^^^rangell, not promise me to abide b_v any compromise made Ijy the delegation; which promise they gave me. I also assured them that though it was your desire that they should accompan}^ me to Sitka, that they did not go as prisoners or at Govern- ment expense. I gave them fully to understand that some compromise must be made, and they would not be able to have things all their own way. I told them to choose their own delegates and submit them to me, and should I disappro\e of any of them, others would have to be substituted. I asked their cooperation in putting down hooclienoo in the ranche. This thej^ each promised and shook me by the hand. a * * * * * * March 3, I took passage with my men and the four Stickine dele- gates, on the CaVtfoi'nia for Sitka. * «■ ' * * * * * I am, sir, your obedient servant, John E. Woodworth, Midshqymaiu U. S. Navy. Commandei' Henry Glass, U. S. Navy, Commanding TJ. 8. S. Jamestovui. 378 PAPERS RELATING TO Commandei' Glass to the Secretary of the Navy. U. S. S. Jamestown (third rate), Shla, Alasl'a, April 6, 1881. Hon. William H. Hunt, ' ^ ' '" » ■— ^ . - . Secretary of the Xary^ Wa.^h hie/ton, I). C. Sir: I have the honor to report that aflair.s in this Territory are in the most satisfactory condition. Perfect (juiet obtains and the Indians show every disposition to remain at peace. Since the date of my last report I have succeeded in having- treaties made between the Stickeens and Hoochenoo tribes and between the Stickeens and Sitkas, thus ending- at last feuds that in one case had existed for over Miy years." The chiefs showed an earnest desire to make peace and to abandon their former custom of exacting satisfac- tion in kind for every injury, and I believe the treaties, copies of which I inclose, will be faithfully observed. * * -K- * -X- * * Ver}^ respectfully, your obedient servant, Henry Glass, Coiuiaau der., Contiii andlng. [Extracts from copies of treaties between Indian tribes enclosed in the foregoing letter.] A TREATY OV PEACE BETWEEN THE HOOCHENOO AND STICKEEN TKIBES. * . * * * * * * Article VI. The chiefs of both tribes agree to use all exertions to prevent any future trouble; and should, unfortunately, disputes arise which they are unable to settle, it is agreed that all such disputes shall be left to the arbitration "of the senior officer of the United States in the Territory. * * " * * * * * TREATY OF PEACE BETWEEN THE STICKEEN AND SITKA TRIBES. ******* Article VII. In case any disputes should arise between persons, of the different tribes they shall be settled by the chiefs in a peaceable manner. In case the chiefs shall not agree upon a settlement the disputes shall be left to the decision of the senior officers of the United States in Alaska. The Secretary i'are, and that there were no comj>laints against him whatever. Mr. George I'irkcuson, who keeps the Northwestern Trading Company's post at this station, is a man easily scared, and I found him and his Indian wife thoroughly frightened on account of the serious difficulty at the ujjper Chilcot vil- lage. It was impossible to get a precise statement from this man. Nearly all his information consisted of vague reports and rumors. Nearly all the trouble in this country is caused by hoochinoo, made from molasses. The Northwestern Trading Company have sold none since the commencement of the fighting, and are moving the quantity stored here by the steamer Favorite this trip, so that in future, if other parties do not introduce it, one fruitful source of trouble will be removed. I next interviewed the man whose brother hanged himself in Sitka; after thoroughly explaining to him your action in the case, he exjiressed himself as much pleased with what you had done and wished me to thank you; also, that he would be satisfied with whatever you should decitle as a just settlement, but that he alone was irre- sponsible, since" the head of his family, Donovvak, who is chief of the two lower Chilcot villages, is at present alisent in the Stick country. When the news of the suicide first arrived Donowak is said to have made some remarks blaming the whites for not punishing the man who caused the deatii of their kinsman; but on learning of your action in this case he must have been thoroughly satisfied, as just before he left for the Stick country, the trouble in Chilcot having commenced, he called a council of his |ico|)l(' and told them to jirotect the trader and his property, and to die in his defense if necessary. Kokee, an Indian who it was reported had threatened the trader, came to the store and slept there to afford pro- tection, if necessary, w'hen the serious trouble at the upper village commenced. This Indian is also absent in the Stick country. In view of the fact that Donowak and Kakie are absent it would be useless to send the brother of the man who hanged him- self to Sitka. The Chilcot doctor told me he would go, if I ordered him, but as the other leading men of his tribe were absent he did not wish to go just now. Shate- vitch. the head chief of the Chilcots, sent word to the trader not to be afraid, but should anyone make threats, to send him word and that he, Shatevitch, would have to be killed l)efore the trader should Ije harmed. AMERICAN OCCLTPATION. 381 The messengers returned fromChilcot on the morning of the 27th ultimo and reported that all the people sent for were coming down, but as they had not arrived by the evening of the 28th I concluded they were not coming, and being thoroughly con- vinced that many foolish and vague rumors which were reported to me were false I decided to see the leading men, even if I had to go to the upper village. In company with the interpreters I crossed the trail to the lower Chilcot village, when, just as'we were embarking in canoes, Shatevitch arrived with Katnatz, a young Crow chief, and several other men. He apologized for not coming sooner. He was giving a feast when he received my message, and informed me that he had brought leading men of one faction only ; that the others could not come, as, being at the upper end of the village, they could not pass the blockade. I learned that eight per- sons had been killed— four Crows and four Whales — several had been wounded, and one of the wounded Crows, it was expected, would die. The trouble was the result of drunkenness, and I learned that the molasses had l)een furnished by the Jew trader Martin at Kockwell. Shatevitch explained that when the fighting tirst commenced he was absent, and that he had done all he could to promote peace, but two of the Crows killed, belonging to the higher class of Indians, were worth a great many lives each, and for this reason he was unable to make peace. He also said this was the greatest tribal dithculty that they had ever had. I delivered your letter and had it interpreted, but I sa\v that no settlement could be made of the matter unless both sides could be interviewed; so I determined to go to the upper village with the interpreters. This latter is about 25 miles from the lower village, and can only be approached in small canoes. The current is swift, and the water in some places so shoal that even the canoes ground frequently. Mr. Bro- dock, a photographer, who had come here for the purpose of taking pictures in the upper village, volunteered to go with me, and, learning that the Indians had been expecting him, I permitted him to go. We arrived at Chilcot at about 9 o'clock in the evening and w-ere hospitably received by Shatevitch, who had sent the young chief known as Murderer to receive us. A large house, in which the chief keeps his treasures, had been prepared for our reception; a tire had been built, an American stove for cooking purposes was brought in, and we were furnished with dishes, blankets for beds, and toilet articles. Servants were detailed to wait on us, and some 60 callers paid their respects within a few minutes of our arrival. Our house was guarded during the night l)y someone sent by Shatevitch. In the morning about a hundred people assembled in the house, but I found they were all Crows, and was informed that the Whales did not dare to pass the barricades. I endeavored to get them to select men so as to have their troubles settled by you in Sitka, but though they listened to all I had to say with respectful attention and wished me to thank you, they declined to go. I then made them a long speech and urged them to stop "fighting. Several expressed their will- ingness to make peace if the Whales would pay 1,000 blankets. This was afterwards reduced to sl.iiod. and ^-till later to $^00. I next visited tlie Whales and found that their houses were barricaded. The houses in this village are all forts having portholes cut at intervals. I spoke to these peo- ple as I had to the Crows, and found them all anxious to end the fight, because they live in the upper part of the village and could not pass the houses of the Crows to go fishing or trading. The houses in which the councils were held are about a half a mile apart. I passed from one to the other a number of times, and about 3 o'clock in the afternoon the Crows agreed to make peace if the Whales would make a prom- ise to pay in my presence and that of Shatevitch. This the Whales finally did. The amount can not be decided for some time, since it depends on the death or recovery of a wounded Crow. The excitement ainongthe Indians of the councils was intense, but all were respectful to me. I had invited Shatevitch to go below, but he does not wish to leave his people just now; besides, his son is a Crow, and he wants to meet him as he comes from the Sitka country, to prevent trouble on his part. Peace hav- ing been made, the Whales and Crows will now meet everywhere, and on account of the recent deaths of their friends and the bitter feeling which still exists it is pos- sible that disturbances might recommence before the final settlement, and I have therefore left the corporal and two privates who accompanied me to this jdace at the Northwest Trading Company's post to protect the lives of the trader and family, as also the property at the post, and I inclose a copy of Mr. A'anderbilt's request, as also of the orders I gave to Corporal Jacobs, in charge of the detachment. In obedience to your orders, I will return to Eockwell, Alaska, and will report to Lieut. Com- mander C. H. Rockwell for duty. Respectfully submitted. G. C. H.\Nus, Master, U. S. Naty. Commander Henry Glass, U. S. Navy, Commanding. 382 PAPERS RP:LATINa TO Coiiuitandei' Lull to tJie Secretary of tlie N((vy. U. S. S. Wachusett (third rate), Sf'thi, Alaska, Sejjttinher 8, 1881. Hon. W. H. Hunt, Secretari/ of the Navy, Washington, D. C. Sir: 1 have the honor to inform the Department that since the date of my last report everything has been quiet in the Territory. ^ * * * * * * At Chilcat" I sent for the chiefs and leading- men of the two totems — Whales and Crows — that had recently been at war w^th each other. I found that they had just settled their difficulties by the payment of 100 blankets by the former to the latter. And in my presence the}' shook hands and promised to live peaceably with each other and with the whites — they have never molested the latter. The villages of these people are, unfortunately. 25 miles beyond the reach of this ship, being up a rapid and shallow river. ******* Since my return here I have received a note from Lieutenant-Com- mander Pigmon informing me that an old feud between the Kootze- noos and the Auks had been adjusted in his presence by the voluntaiy act of the former, w^ho had come to liockwell for the purpose. This, 1 have no doubt, ♦is the outgrowth of the successful etforts of Com- mander Glass to make peace between the different tribes during the last year. ******* -^ Very respectfully, Edward P. Lull, iiiDWARD r. I^ULL, Commander, Commanding. Commander Coghlan to the Secretary of the Navy. No. 7.] U. S. S. Adams (third rate), Off Sitka, Alaska. July 11, 188^. Sir: On the 20th of June I received a dispatch from the Committee of Safety of Juneau City, informing me of a murder having been committed by a Stickene Indian, and asking the presence of the vessel at that place to prevent trouble. So soon as temporary repairs could be made on the boilers, the morning of the 22d, we started for Juneau City, stopping over night at Hoonyah, and arrived there the afternoon of the 23d. I found that the Stickene had murdered his wife (wife in the Indian sense), who was one of the Chilcat tribe, and that members of that tribe were furious for revenge, but had consented to await ni}' action. I had the murderer transferred to the ship and confined; cautioning the Indians that I would have his case properly attended to, and would punish anyone creating any disturl)ance about it. * * * * * * * I shall retain the Indian murdei-er until I hear further in regard to civil government, and if there is any prospect of a term of court in «For other adjustments of difficulties between the Chilcats and other tribes, see logs of U. S. S. Wachusett, for August 23, 25, 29, and 30, 1881, post page 397. AMERICAN OCCUPATION. 383 the near future, will try to have him tried bv the Alaska court; other- wise he will have to be sent to Portland, Oreg. * * * * * * * KespectfuUy. etc., J. B. Coghlax, Com 111 an di-r. Com man din g. Wm. E. Chandler, Secretary of the Xavy, Commander XichoJs to the Secretary of the Xary. No. 3.] U. S. S. PiNTA (fourth rate), Sitl-a, AJad-a. Sej>tember £0. I884. Sir: * ****** There is also one Indian confined and awaiting- trial on a charge of murder'^'. This latter prisoner I turned over to the United States marshal on the loth instant, but owing to the peculiar circumstances of the case 1 consented, at the verbal request of the governoi". to re- tain him under the marine guard as before and to continue his sub- sistence as a supernumerary until such time as the marshal could control it. « * * • * * "' ♦ H. E. Nichols, Com /jtander, Commanding . Hon. Wm. E. Chandler, Secretary of the Navy, Washingtrm^ D. C. Commander Nlchoh to tht ojficer (f detail. U. S. S. PiNTA (fourth rate), Juneau, AlasJia., June 8, 1886. Sir: I have to report the Pinta at Juneau, having arrived on the 6th instant from Chilcoot. where the ship has been lying since the date of my last report. 1 left the steam launch there in charge of an officer. As soon as the mail steamer returns from Sitka I shall go back to Chilcoot, and will remain there as long as necessary,* probably until about the end of the month, when, if the miners have gone in and all is quiet, I shall send the launch back to Sitka and come here with the ship, and about the middle of July take the ship to Sitka to fill up with provisions. Very respectfully. H. E. Nichols, Commanding Pinta. The Officer of Detail, Navy Dejjartment, Wa-Jungtem. D. C. "See letter of Commander Coghlan to Secretary of Navy July 11, 188-1, reporting the arrest of a Chilkat Indian at Juneau, ante page 382. ''The Pinta was stationed at Chilcoot Inlet, at head of Lynn Canal, from April to June 18, 1886. (See various logs of vessel, April 25 to June 18; see also Lieuten- ant Emmons' report to Secretary of the Navy of March 28, 1903.) This was in order to prevent trouble between the miners, who during this season of the year entered the interior over the trails to the Yukon gold fields, and the Chilkoot and Chilcat Indians, which tribes had constructed and claimed control over the trails. :/ 384 PAPERS RELATING TO J//'. TIaliU ((/id otherx to (jovernoi' Swliufoi'd. Juneau, Decemhtr iSl, 1886. His Excellency, Governor Swineford, etc. Sir: We would respectfully ask of 3^ou to use your influence or authority to have the U. S. 8. Pin fa stationed at Chilcoot to pre- vent trouble with C/hilcoot or other Indians. As we expect a large immioration to this territory and the Yucon the ensuing- season, and as they are unaccustomed to the ways and customs of Indians, we think that the ship l)eing- stationed there w^ould have a beneficial effect and would be the means of preserving- the peace, and prevent such trouble as we had last season. " Parties talk of leaving- here about the middle of February. We are, sir, yours, respectfully, P. Haiix and others. Respectfully referred to Lieut, Commander John S. Newell, with the recommendation that the request of petitioners be favorably considered, A. P. Swineford, Governor. Lleufcridnt-CoiiiiiKDidef JVewcN to t/tt Scci'tfari/ of tin- JS^ary. No. 7.] U, S. S. Pinta (fourth rate), Juneau., A/a.sh/^ May 18, 1887. Sir: I have the honor to report that affairs throughout soutHetistern Alaska are in a quiet condition. Since the last report, No. 6, dated Sitka, April 16, 1887, the move- ments of this vessel have been: Left Sitka April 20. anchoring that night in Lindenberg Harbor, Peril Straits, leaving- there on the morn- ing of the 21st. Killisnoo was visited, and that night anchorage obtain.ed at "Adams Anchorage," Shelter Island, remaining overnight. On the 22d steamed in and out of William Henry Harbor; anchored in Portage Cove, Chilcoot Inlet, where we remained until the 2d of May, when I took the vessel to the head of Taiya Iidet for the day, returning to Portage Cove in the afternoon. On the 9th instant left Portage Cove and anchored in Pyramid Harbor, Chilkat Inlet, leaving the next morning for Swansons Harbor, Cross Sound, w^hich was reached the same evening, and on the 11th Hooniah, Port Frederick, Cross Sound, was visited. The next day, the 12th. left Hooniah, and reached this place on the same day. • • • * » • « • Wishing to show the vessel at all Indian settlements, also for the information of the officers and myself, not having the services of a pilot, I have visited nearly all the anchorages between Sitka, Chilcoot, and this place. * -X- -X- -X- -X- * * Upon my arrival at Portage Cove I found the Indian village almost deserted, the inhabitants having gone some days before to the head of " See log of U. S. S. Pinta, of May 20, 1885, showinjr the F'nda as stationed at Chilcoot, post page 397. AMERICAN OCCUPATION. 385 Tah^a Inlet for the purpose of packing- for the miners who enter the Yakon. Everything- was reported quiet at the head of the Inlet, and that nearl}^ all the miners there had gone in. * -x- * * * * * On April 29 a large party of Chilkat Indians returned to Portage Cove from the head of the Inlet and immediately proceeded to their village, about -10 miles up the Chilkat River, preparator}' to going over their own trail on a trading expedition to the interior. I have heard that the Chilcoots refused to allow them to pack. On May 1 a party of ClyJcoot Indians, including the two chiefs, came down from the head of the Inlet to Portage Cove, Avhere I had an interview with them. They were much disturbed, apparently from a report circulated, by whom I am not informed, that I intended to arrest them. Telling- them that this was not my intention, and to assure them of the good will of the Government, as well as to show them that the vessel could reach the head of the Inlet, I determined to g-o there in the vessel, which I did the following morning, giving them a passage. This is the largest vessel and the tirst man-of-war, as I am informed, that has ever ascended the Inlet, which is navigable for about 13 miles. I impressed upon the Indians that this vessel was there as much in their interests as in the interests of the white people; that they (the Indians) could make their own bargains and work or not work, and that the}' could not interfere with or prevent the whites or others passing through the country over the trail; also that any Indian or other pei'son had a right to work there without let or hindrance. This seemed to be understood by them. In my interviews with the white traders there, two in number, I could not find out that there had been an}- trouV)le between the Indians and the whites, but that among the Indians there was more or less jealousy on account of the packing. The Chilcoot tribe has two chiefs— Donnewak, the head, and Klanott, the second. The latter, from his shrewdness and ability, perhaps, is the working chief and has become the wealthiest. He is reported as having a bad temper and as being overbearing in disposition, and it is toward him that most of the ill feeling of the whites is directed. In conversation with the miners, men from Montana and elsewhere, the}^ have had no complaints to make and think the terms made Avith the Indians reasonable, considering the diliicult work, and that they anticipate no trouble whatever. On the other hand, there are some miners, judging by the articles that appear in the Alaska Free Press, published at Juneau, that find fault and complain of the Indians and their exorbitant charges. This class, I think, are few in number. In the last issue of this paper, a cop3" of which is inclosed, a policy ("cold lead") is spoken of that will,, if followed, be regretted and prove disastrous to many innocent men. There is no doubt that in course of time, with sufiicient force, the Indians could be severely punished and brought into subjection. Dependent, as they are, for food upon tide water, the}' could be driven into the interior and their supply of fish — the main article of diet — cut off' entirely, or so reduced as to impose upon them great suffering-, The different tribes are so closely allied by intermarriage that the cause of any one tribe will be espoused by the others, and in order to 21528—03 32 386 PAPERS RELATING TO punish any one tribe all the others in that vicinity would have to be closely watched, if not included in the punishment, to make it a suc- cess. In the meantime the white men, unless banded together for mutual protection, would be unable to g-o and come as they now do without imminent risk of their lives. White men are now able to go and conie unmolested and to follow their avocations, even singly, as is shown by entering and coming out of the Yukon as well as prospecting and trading all over this country as the}' do. From ni}' own observations and from the experience of others 1 have formed the opinion that the Indians of Alaska are peacefully inclined, and if treated in a fair and equitable manner are more or less tractable; but when subjected to oppression or coercion and fed by stimulants they may be led to commit outrages. A complaint, made known to me only through the press, of having to pay toll for passing over the trail leading into the Yukon is a mat- ter that will, I think, eventually come before the court here for deci- sion. If it is collected, of which I am not certain, it certainly has prec- edents throughout the country. At the head of Tai_ya Inlet is a white trader, Capt. J. J. Healy, who runs a small steamer back and forth from Juneau, carrying miners and their supplies. He has at present men working on the trail, with the view, I am informed, of introduc- ing pack animals to do the w^ork now done by the Indians; and in a conveT'sation with me on the subject he stated that, previous to his coming here, he had been engaged in collecting toll over a road in Mon- tana. He admitted to me that the Indians have expended labor on this trail. The Indians, with their primitive and narrow ideas, consider this trail the property of their tribe. It was by this path that the tribe for generations communicated with the interior and thus gained a livelihood, and they look upon its becoming a highway as an infringe- ment for which they are entitled to compensation. I have no doubt hut what, if this trail is made practicable for pack animals, it will create great feeling and may lead to trouble. Already the Indians regard the work being done with suspicion, and Klanott has I'equested Captain Healy, so the latter informs me, to withdraw his men, which request was refused. The jealousies existing between the traders make it very difficult to, form a just opinion, especially so where in their intercourse with the Indians the son of one trader acts as the interpreter for the Indians in their talk with the other trader. Upon the return of this vessel to Chilcoot it is my intention to send some officers over the trail in order that they may make a report upon it, a copy of which report, with a statement of the Indians and also one from the white traders, I shall submit in behalf of the Indians, at their request, to the court for its information and opinion. There being no civil officers of the Government within 100 miles of Chilcoot and the knowledge of the civil government, I have informed the Indians that I would sulmiit the question for them; which action on my part I hope will meet with the approval of the Department. If the news from the Yukon should not be favorable to keeping alive the gold excitement, then the trail will no doubt be abandoned by the whites. Klokwan, the head village of the Chilkat Indians, the largest and most powerful tribe in that part of Alaska, not having been visited by any naval officers for seven years, and very seldom by white people, I considered it desirable that, for the better information of the Gov AMERICAN OCCUPATION. 387 erument and for the o-ood of the Indians, the village should be visited and reported upon. I sent a party under Lieutenant Emmons to visit the place. The report when completed I will forward to the Department.'' The party, consisting of two officers and two interpreters — Master A. E. Austin, having volunteered his services as an interpreter, made one of the party — left the ship on the 30th of April and ascended the river on foot, camping the tirst night at a deserted village and the next morn- ing proceeded until they met a suinmer village of Indians, who, though not opposing their advance, discouraged their proceeding farther and strongly manifested a feeling against their advancing. They would not in any way assist them. This, with the failure on the part of Indians to fulhll contracts made for transportation and that messages had been repeatedly sent to the chief of the intended visit, led Lieutenant Emmons to return, which he did, reaching the vessel that evening. Upon the return of the vessel from head of Taiya Inlet the young son of the Chilkat chief came on board, having been sent b}'' his father to apologize for the behavior of the Indians at the summer village, also to express his regret that the party had discontinued their journey, and to invite them up. The tril)e were packed ready to start on a trad- ing expedition to the interior, and their departure should be delayed until the visit had been made. The party left again on the .3d of^ Ma}^ and returned on the 6th, hav- ing been most cordially receive~d and treated. The party returned under the care of members of the family of the chief, Chartrich. Chartrich sent word that upon his return from the trading expedi- tion he would come down to see me, as he had several things he wished to talk about. These expeditions generally last about twenty -five days, and I shall endeavor to have an interview with him upon his return. The expenses of this trip I have had made a public bill, which I trust will meet with approval. Heretofore at the tish cannery that is open during the run of fish in the Chilkat Inlet the Indians have been paid by trader's tickets. This Chartrich said his men would like to have stopped and receive their pay in coin, thus enabling them to trade where they chose. In an inter- view with the foreman of the cannery he told me that that was his intention and that no trader's tickets should be used. Up to this date about two hundred miners have crossed the trail into the Yukon. I am, very respectfully, J. S. Newell, Lieutenant- C()minmide}\ (hnvmanding. The Secretary of the Navy, Navy Department^ WasJiington., D. C. Lieutenant- Conwiander Newell to Governor 8'wineford. U. S. S. Pinta (fourth rate), Jimeau, Alaska, 3Iay "23 , 1887. Sir: I have the honor to communicate to you, for the information of the civil authorities and for such action as can be taken in the matter, . « For extract of report see enclosure to Lieutenant Emmons' report to the Secretary of the Navy of March 28, 1903, on his service in Alaska, post page 406. 388 PAPERS RELATING TO a wish expressed by Chartrich, the chief of the Chilkat tribe of Indians, that the sale of molasses in large quantities to his tribe b}' the traders at Juneau and elsewhere be stopped, thus cutting- off the supply' from which hoochenoo is made. Respectfully, J. S. NeW'Ell, Lieutenant- Coram an de)\ Commanding. Hon. A. P. SWINEFORD, Govei^nor of Alaska^ SitJca. Lieutenant- Commander Neunell to the Secretary of the Navy. No. S.] U. S. S. PiNTA (fourth rate), Juneau., Alaska., May ^4, 1887. Sir: I have the honor to inclose the report of Lieutenant (Junior Grade) Emmons of a visit made to Klakwan, the head villag-e of the Chilkat tribe of Indians. " It will ])e seen by the report that the pop- ular belief that this village is fortified and is unaccessible except by water, and that only through narrow, shallow, and tortuous channels, is removed. The desire of the chief, Chartrich, that the sale of molasses in large quantities to the Indians be stopped I shall communicate to the civil authorities for their information and such action as they can take in the matter. * * ***** Very respectfully, J. S. Newell, Lieutenant- Commander., Comnnandlng . Hon. Secretary of the Navy, Navy DejKtrtnient, Was/tinr/ton, D. C. Governor Svjlneford to Lieutenant- Commander Newell. District of Alaska, Executive Office, Sitka, Alaska, June 1, 1887. Sir: I have the honor to acknowledge the receipt of your communi- cation of May 23d, conveying the wish expressed b}" Chartrich, the chief of the Chilkat tribe of Indians, that the sale of molasses in large quantities to his tribe by the traders at Juneau, and elsewhere, be stopped. In reply I regret being compelled to say that the law places no restriction upon the sale of sugar and molasses to the natives, and that I am powerless in the premises. All I can do, at the most, is to prefer a request to the Juneau traders that they desist from making- such sales, and leave them to heed the request or not, as they may see fit. » * * * * * * Very respectfully, yours, A. P. Savineford, Governor. J. S. Newell, Lieutenant- Commander, Commanding TJ. S. S. Pinta. a For extract of report, see Lieutenant Emmons' report to Secretary of the Navy, of March 28, 1903, on his service in Alaska, post page 406. AMERICAN OCCUPATION. 889 Governor' Sioineford to Lieutenant- Comtnander Newell. District of Alaska, Executive Office, Siika^ Alaska., June 1, 1887. Sir: ******* I have received, per the steamer Idaho., a letter from Loring- stating- that there is trouble brewing- with the natives at the mouth of the Junoc* River, w^hich empties, I believe, into Behms Canal or channel about -iO miles above Loring, and I am asked, if possible, to come there, or, failing- in that, to send the war ship to teach the natives a lesson — or rather to remind them that the Government is not unmind- ful of their misdeeds. The trouble is threatened by an Indian chief called Johnson, who has control of all the natives in that section and who two or three years ag-o burned a miner's house and provisions, and who, I am informed, less than a month ago drove all the men away from a lishing- establishment at the mouth of the river in question. There is a very considerable and promising mining- interest on the Junoc" River, and in my opinion the miners of that section are more in need of protection than those seeking- the headwaters of the Yukon. 1 have been told that you contemplate a trip to the southward as soon as you feel justified in leaving- your present anchorage. If such be the case, and knowing- your zealous desire to do all in your power to promote the interests of the Territory, I feel justitied in requesting you, if not incompatible with your ideas of duty, to come this way and take me with vou to the place of the threatened disturbance. *"* » « * * * Very respectfully, yours, A. P. Sw^iNEFORD, Governor. J. S. Newell, Lieutenant- Coniiuander, Onn^nanding TJ. S. S. I*inta. Governor Swineford to Lieutenmit- Commander Newell. District of Alaska, Executive Office, Sitka, June 21, 1887. Sir: I have the honor to inclose herewith letter of Max Pracht, esq., in connection with which I desire to say that upon the represen- tations herein nmde, together with the verbal statement of the elder Mr. Millar, my communication addressed to you under date of June 1, in which I requested the privilege of accompanying- you to that sec- tion of the Territory, should you conclude to make a cruise in that direction, was based. Should the alleged facts set forth be deemed by you sufficient to warrant you in visiting with your ship the various settlements in that part of the Territory, particularly the one where trouble is alleged to be imminent, and you desire, for any reason, to have a copy of the inclosure, I will cheerfully have such copy made. In the meantime if you will kindly return Mr. Pracht's letter I will be very much obliged. Very respectfully, A. P. Swineford, Governor of Alaska. J. S. Newell, Lieutenant- Commander, Commanding TJ. S. S. Pinta. « Unuk River. 390 PAPERS RELATING TO Alaska Salmon Packing and Fur Company, Loving, Alaska, May 37, 1887. Governor A. P. Swineford, Sitka, Alaska. Sir: On behalf of Alexander V. Andrew Millar, and Joseph Millar, sr., of Bur- roupjhs Bay, mouth of Juneau « River, I beg to submit to you for consideration and action the following complaint, statement of facts, and appeal: It has been a matter of complaint and a sore grievance among the miners, pros- pectors, and others, who during the last few years have sought to open up and develop the rich placer diggings of Juneau''' River, that the self-styled local "Tyee," a Si wash of evil repute called "Johnson Old Man," with the assistance of his numerous " tillicums," consisting of several generations and branches of the "John- son" family, has attempted, and in several cases prevented, the ascent of the stream by miners; has threatened destruction upon those who should again attempt the ascent, and it is alleged and believed, though for the want of eye-witnesses not proven, that he is the identical Siwash who robbed and burned the miners' cabins on the river in the fall of 1884, and is now said to be ready, for want of the proper restraining influence (a wholesome fear of the white man) , to enter upon a season of arbitrary dictation to the compliance of his unreasonable and unacceptable demands, or in default thereof to "clean out" all the white men upon his "illihie," as he chooses to call all that territory including Burroughs Bay, all that portion of the Juneau « River within the boundaries of Alaska, and that portion of Behms Channel bounding Revilla Gigedo Island upon the east, and extending from the southern extremity of Hassler Island to the northern extremity of Revilla Gigedo Island, a distance of about 80 miles. ******* It is therefore the prayer of your many subjects, who are trying to develop this part of the vast Alaskan wilderness, that you send one of the two men-of-war, sup- posed to be at your disposal, to pay a visit to the disturlted district mentioned, and by her presence, )>y moral suasion, or, if needs be, by a little desirable artillery prac- tice, convince these unworthy, ungracious, and ungrateful squatters upon the public domain of the United States (for be it remembered these Johnsons do not live in or upon this vast stretch of country, but at Cape Fox Town, claiming dominion only because of it being their self-appropriated so-called "hunting grounds" ) that there is a power beyond and superior to themselves which the white man respects and the Siwash must obey. If the Thetis, on her waj' up the coast, could be induced to pass up Behms Chan- nel, east side, and call in at Burroughs Bay, it is my belief that her presence will avoid the possibility of encroaching mischief on the part of the "Johnsons" during the coming season and prevent the opening of a war of extermination between them and the miners, who have perhaps sufficient cause, as is claimed, to make "good Siwashes" of most of the tribe. With sincere respect, I am, yours, truly, Max Pracht, Superintendent ^ilash( Sahnoii Packing and Fur Company. Lieutenant- Commander JVeirell to Governor Suiineford. U. S. S. PixTA (fourth rate), Slthi, Alaska, June 23, 1887. Sir: 1 have the honor to acknowledge the receipt of your letters dated June 1 and 21, the latter inclosing a letter of Max Pracht, esq.; and in reply would state that it is my present intention, as soon as some necessary repairs now commenced are completed, to visit the settlements in southeastern Alaska, and I shall be most happy to offer you a passage on this vessel, as requested in vour letters. * ****** Very respectfully, J. 8. Newell, Lieutenant- C<))nrnandei\ CoituuanduKj. Hon. A. P. Swineford, Governor of Alaska. « Junoc or Unuk River. AMERICAN OCCUPATION. 891 Lieutenant- Commander Newell to the Secretary of the Navy. No. 9.] U. S. S. PiNTA (Fourth Rate), Sith-a, Alaska, June 16, 1887. Sir: 1 have the honor to inform the Department that affairs through- out southeast Alaska remain in a quiet condition. This vessel left Juneau on Maj^ 26, the day after the departure of the mail steamer, and proceeded to Portage Cove, Chilcoot Inlet, and then to Tai^^a Inlet, where she remained until June 8, when the return trip to Sitka was begun, arriving here June 14. While at the head of Taiya Inlet a party was sent over the trail leading into the Yukon Valley as far as the summit, the boundary between Alaska and British America. The party returned the third da}^ and the report of the senior officer, Lieut. A. McCrackin, will be forwarded for the information of the Department by this mail." The expenses for the transportation of this party I have made a public bill, which I trust will meet with the approval of the Department. From Portage Cove to the head of Taiya Inlet I gave passage to Mr. ) S. Ripinsky, the Government school-teacher at Haines, and from the / head of Taiya Inlet to Portage Cove I gave passages to Mr. Ripinsky^ and the family of George Dickinson. While at Portage Cove I met a Canadian survey party under W. Ogilvie, and towed up to the head of Taiya Inlet their baggage.'^ This survey is divided into two parties; one under a Mr. Dawson, of the geological surve}^ of the Dominion, who also has charge of the entire survey, has proceeded up the Stickeen River, then to cross to one of the branches of the Yukon, intending to descend it as far as the mouth of the Stewart River; the other party, under Mr. Ogilvie, started from Pyramid Island, Chilcat Inlet — the astronomical position of this island having l)een determined by the Coast Survey in 1869 — having pi;evipiisl}Lasked authority from me to begin these, which request I cheerfull}^ granted, — and worked across the portage to Portage Cove; thence up Taiya Inlet, intending to follow the Indian trail over the mountains to the Yukon, descending that river and joining Mr. Daw- son's party at the mouth of the Stewart River. From this point Mr. Dawson will return by the way of Taiya Inlet, Mr. Ogilvie continuing on down the Yukon until the one hundred and forty-tirst meridian is reached, the boundary l)etween Alaska and British America; there a stay of two months will be made to deter- mine the location by observation. From this place Mr. Ogilvie intends ascending one of the branches of the Yukon, and then bv a portage reach a branch of the Poi'cupine River, ascending that and bj^ a portage reach Fort MacPherson on the Mackenzie River, ascend- ing that river on his return trip. Mr. Ogilvie does not expect to complete his journey before November, 1888. The effects of this party had been transported, when I left, by the Indians to the summit of the divide, and Mr. Ogilvie had advanced some 10 miles from tide water. * * * * * ■X- * William Moore, a British subject, is prospecting over the Indian trails with a view of making a better road to the interior; he informs «See log U. S. S. Pinta, of May 31, 1887, post page 399. 392 PAPERS RELATING TO me that he has a concession from the Canadian government to build one. The Stick Indians, those inhal)itino- the interior, are British subjects. They come over into this territor}^ and want to pack over the trails. It would ])e better if they contined themselves to their own territory, which begins at the summit of the divide. Very respectfully, J. S. Newell, hleutenant-CS'. S. Pinta. Exhibit B. U. S. S. Pinta (fourth rate). Head of Tali/a Inlet, Alaska, June 2, 1887. I, Claanot, chief of the Chilkoot tribe, make the following statement: Mr. Haley wishes to take away our road or trail to the Yukon, which my tribe does not like, as we made it long ago, and it has always been in my tribe. We fixed the road good, so that the miners would not get hurt, and Mr. Haley is putting sticks or logs on it, so he can get pay for people going in over our trail, and we do not want to see that. When the miners come here I talk kindly to them, but some of them begin to swear, and then tliey say I began the quarrel. I always trrat tin- niiiuTs kindly, and when they do their own packing I tell them that they had l)etter let the Indians do their packing, so the miners will not hurt themselves on the trail, and some of the miners tell me that it is not my business, which hurts my feelings. When the miners treat me right I will and do treat them as my children. I am glad Mr. McCrackin went over the trail with me to see our work on the trail and what we did and how we treated the miners. Not long ago I was nearly killed by a white man "John" (Wilson), who has since gone to Juneau. " John" made Haley's house and then did packing over the trail. My tribe had borrowed lots of money from Haley and were going to make money by packing to repay Mr. Haley. We had arranged to pack for some miners when "John" rushed in and took one of the packs and said he was going to do the packing. "John" had been doing lots of packing and I asked him kindly, saluting him at the same time, to please not to pack this time, but to let my men do so, so that they AMERICAN OCCUPATION. 395 could get some money to repay Mr. Haley. "John" replied by calling me and I then called ' ' John " the .same name. ' ' John ' ' then rushed and took one of the miner's guns and wished to shoot me, when the miners took their gun from "John." These miners were very good friends of mine and they said they were going to tell Captain Newell tlie real facts of the affair. "George" Carmack and a lot of my tribe saw the affair. When the miners go in I would like them to arrange with me instead of the other men of my tribe, so as to save time and misunderstanding, as the Indians come to me anyhow as chief. ' My tribe claims the winter trail over the river " Schkat-Quay " [Skagway]. We have three trails to the Yukon, and we claim all of them. I do not object to miners doing their own packing, but I hate to see them doing work they are not used to. I like to see white men, such as "George," pack for miners, and have no objection to their packing. I have no objections to Stick, Chilcat, or any other Indian or white persons pack- ing over our trails, but I and my tribe do object to Haley, or any other person, claiming our trails and monopolizing the packing. We used to get all the furs from the Stick Indians, but they now trade with Mr. Haley, which ought to satisfy him without taking our trail. I ask $10 for a half pack to pay me for my general supervision and responsibility of the packing, as I feel myself bound to see every man and pack through safe. I never have asked or demanded toll from any person and do not do so. (Signed) Claanot (his x mark). Witnesses : (Signed) C. P. Pli-xkett, (Signed) Alexander McCrackix. Lieutenant- Commander Hewell to Goveimor Sv)lneford. U. S. S. PiNTA (fourth rate), Sitlca, Alasl-a, June W, 1887. Sir: I have the honor to inclose, at the request of Claanot, second chief of the Chilkoot Indians, a statement.* Claanot is desirous of obtaining- an opinion from the court as to the rights of his tribe upon the subjects referred to in his statement. Inclosed 3^ou will also tind a report" made by Lieut. A. McCrackin, U. S. Nav3\ m obedience to mv orders, which may be of assistance in forming an opinion. Very respectfully, J. S. New ELL, Lieutenant- Commander., Commanding. Hon. A. P. SWINEFORD, Governor of Alashi, Sitka. Mr. Grant to Lieutenant- Commander Neweli. District of Alaska, District Attorney's Office. Sitka, March 1, 1888. Lieut. J. 8. Newell, Lieutenant- Co//njiander, Commanding TJ. S. S. Pinta., Sitka., Alaska. Dear Sir: Yours of June 20, 1887, with inclosures, and yours November 29, 1887, to Governor Swineford, were handed me on his departure with the request that I answer you direct. «For Lieutenant ]McCrackin's report on the Chilkoot trail, and Claanot's state- ment, see inclosures to Lieutenant-Commander Newell's No. 10, to the Secretary of the Navy, June 16, 1887, ante page 392. 396 PAPEKS RELATING TO The question on which you desire an opinion is, as I understand, the papers, *■' Have the Chilkoot Indians an exclusive right to the use of the trail built and maintained by them over the mountain pass to the headwaters of the Yukon River for the purpose of packing- for hire?" [Here is quoted section 2477 and section 1839 of the Revised Statutes of the United States.] This would indicate that if the Indians had acquired any rights to the trail or to its exclusive use that such right remained intact. But article 3 of the treaty with Russia by which Alaska became the property of the United States reserves no rights to the Indians, but shall be subject to such laws and regulations as the United States might adopt in regard to them. And by article 6 the said territory was declared to be free from any reservations, privileges, or fran- chises in favor of any companies or parties. [Here is quoted section 8 of the Organic Act.] I am of opinion that this clause, with section 1839, would cover the claim in controversy. There is no provision under the United States laws for a toll road, and the Oregon law which might be made appli- cable only applies to public highways already laid out and which might be leased by the county court for the purposes of a toll road for ten years. (Title 3, vol. 2, p. 1715, Hill's Annotated Laws of Oregon.) As I understand the question, these people do not claim the right to exact toll, but having built this trail at their own expense and keeping it in repair they do claim the right exclusively to do all the packing for hire done for others passing over said trail. They claim to have built the trail and to have been exercising this right over it for a long time. If the trail was befoi'e impassable and has been made so [pass- able?] by their work, as I understand these papers, and was lirst used by them, then the}- are entitled, in my opinion, to protection in that right until Congress sees fit to act in the matter. I do not believe they have acquired such right as to prevent others passing or doing their own packing over said trail, and this should be explained to them. This trail as I understand was built by them for their own use in carrying on their trade with the natives on the Yukon. It certainly is not just or equitable that others should now avail themselves of the work and expense of these people for the purpose of making money out of it. If this is not one of the rights reserved to them by the Organic Act I don't know what it would include Their right is some- what in the nature of an easement acquired by discovery and prescrip- tion and protected ))y the Organic Act and section 1839. (See Kent's Com., V. 3, p. 412 et seq.) As to how they can enforce their right might become a troublesome question. Yours, truly, AVhit M. Grant, Df.strJct Attoniey. Extracts from logs of United States naval vessels on duty in Alaskan inatefrs. [Log of the United States flagship Saranac, second rate, 13 guns, under the command of Capt. Thomas S. Phelps, U. S. Navy.] At anchor, head of Lynn Canal, A. T., Thursday, July 31, 18 73. Koh-klutch, chief of the Chilcat tribe of Indians, visited the sBlp. AMERICAN OCCUPATION. 397 [Log of the U. S. S. Wachusetis, third rate, 7 guns, under the command of Com- mander Edward P. Lull, U. S. Navy.] At anchor off Chilcoot^ Alaska^ Tuesday^ August 23, 1881. Commanding- officer and interpreter left f!Te~sIiip at 10 a. m., offi- cially. At 11. iO commandino- officer and interpreter returned to ship accompanied by "" Shaitrich," one of the principal chiefs of the Chil- cats. At 11.50 '*■ Clacach " [Klokutch], a Chilcat chief, came on board with several subchiefs. At anchor off ChUcoot^ Alaska., Thursday, August 2^5j 1881. Donawauk and Tlunar, two Indian chiefs from Chilcat, came aboard for passage to Sitka. At anchor of Sitka, Alaska, ALonday, August W, 1881. A conference was held on board between Chilcat and Sitka chiefs. At anchor off Sitka, Alaska, Tuesday, August SO. 1881. At 10.30 a delegation of Chilkats and one of Sitkas met on board to make their statements of the trouble existing between them, and to receive from the commanding officer his decision as to the terms of settlement. [Logs of the M . S. S. Adams, third rate, 6 guns, under the command of Commander J. B. Coghlan, U. S. Navy.] Anchored in BartJetts Cove, Glacier Bay, Alaska, Ajyril ^2^ 188]^. First and second whaleboats and second cutter surveying Bartletts Cove. Chilkoot, making i^assaqe to Barton Core, Alaska, Saturday, June 7. 188Jf. At 6.15 started ahead and stood out of harbor of Chilcoot, standing down Chilcoot Inlet. Engaged in taking bearings for running of surve}^ of L3^nn Canal. [Logs of the V. S. S. Pinta, fourth rate, 2 guns, under the command of Lieut. Com- mander H. E. Nichols, U. S. Navy.] At anchor Portage Harbor [Portage Cove, in Chilcoot Inlet], and mak- ing passage to Juneau, Wednesday, Ma^'20^ 188f>. At 9.15 first and second chiefs of the Chilcat tribe came on board ship, having been sent for by the commanding officer; also Mr. Wil- lard (missionarj^ at Haines Mission), for the purpose of explaining the late trouble between Indians and miners. An amicable settlement was concluded, and chiefs left the ship at 11. Alongside uiharf, Sitka, and making ])assage to Schultze Cove, Thurs- day, Decemher 24 ^885. A party consisting of his excellency Governor A. P. Swineford, Deputy United States District Attorney W. Clark, Special Deputy Marshal and Interpreter George Kostrometinoff, and Deputy Marshal J. Hamlin, and Indian Constaljles Katlean and Dick were taken on board for a trip to Shakan and return. 398 PAPERS RELATING TO At anchor^ Juneau, Alashi, Siuulaij, April 25, J_886. Received on board for transportation to~ClTricoot mining- outfits of parties who are to accompany ship to that place. At anchor, Juneau, and making j96r6'.§«seiicc you will remain herein chargeof the launch and her crew. The general tfii'ir (if ymir instructions are the same as you have received from time to time for the miners' camp up the Taiya. Use your own discretion as t f the launch, Sergeant Williams, U. S. [Marine Corps, is detailed with your party. ResjiectfuUy, H. E. Nichols, Commanding Pinta. Lieut. G. T. Emmons, U. S. Navv, r. S. S. Pinta. You are authorized to emi^loy an interpreter whenever necessary. There appears in the official log- of the U. S. S. Pinta, of June 5, 1886: William Cook (seaman), M. Sullivan (seaman), Mr. Carroll (second-class fireman), and Sergeant Williams (U. S. Marine Corps), with the steam launch and dinghy, left at this place with Lieutenant Emmons in charge. I quartered ray men, who were fully armed, on shore at Portag-e Bay in the native village of Dashu, or, as it was generall.v known, (^hilkoot, during the absence of the Pinta and exercised absolute juris- 406 PAPERS RELATING TO diction over the native village and the Chilkat and Chilkoot eountry about. The official log- of the U. S. S. Plnta shows that the ship returned and anchored in Portage Bay flune 17, ISSB. On April 30, 18S7, while serving on ))oard the U. S. S. Plnta, at anchor in Portage Bay, Alaska, I received from the commanding offi- cer, Lieut. Conuiiander .J. 8. Newell, U. S. Navy, written orders, of which the following is a copy, together with extracts from my report: U. S. S. PiNTA (fourth rate), Portiigc Bui/, (Idlkoot Inlet, Alaska, April ^9, 1887. Sir: You will visit Klokvvan village, the headquarters of the Chilkat Indians, and upon your return report, in writing, y^ur observations, making your report as full and comprehensive as time and the opportunities at your command will permit. Assistant Paymaster M. R. Calvert, U. S. Navy, and Peter Church, interpreter, will be associated with you on this duty. Mr. A. K. Austin having volunteered to accompany you, he will be regarded as one of the party, and his services as an addi- tional interpreter will, if necesf^ary, be made use of. Upim tlie cDiiiplctidu of tliis i,t,'an, JA/x/.-a, .Ua;/ 1.1, 1887. Sir: In accordance with my orders of date of April 2!), 1887, L have the honor to submit the following report of a visit to main Chilcat village of Klo-kwan, situated on the Chilcat River, some 30 miles above its juncture with the inlet of the same name. ******* At 7 p. m. (May .3) we arrived at Klo-kwau, the cliiof villai>hc-! of molas-!es, whereby they are enabled to manufacture hoochenoo, which they not only drink to their destruction, but carry into the interior as an article of trade with other tribes. He also said that he desired to lay before you some differences existing between his peoi)le and the Chilcoots in regard to packing and fishing rights. He is most anxious that a school be established in the village, as they wish their children to be educated in the white man's ways, and at the same time desire to keep them at home. I delivered your present to the chief, together with numerous others, which we all made to him and his family, which were all greatly appreciated and recognized by others in return. The chief desired me to carry to you his warmest feelings of friendship and good will and to say that immediately upon his return from the interior he would be glad to accept your invitation to visit you on board ship. Very respectfully, (i. T. P^MMONS, Lieutenant, U. *S'. Navy. Lieut. Commander J. S. Newell, U. S. Nary, Juneau, Alaska. Very respectfully^, G. T. Emmons, Lieutenant^ TJ. 8. Navy^ Betirtd. The Secretary of the Navy, United States Navy Dejxirtment, .Wai,(/ton. J). C. April /.;, 1903. The Secretary of State. Sir: In accordance with your request, 1 transmit herewith memo- randa taken from the records and archives of this Department and other papers obtained by the judicial authorities of Alaska rehiting to the exercise of authority on the part of the representatives of the Government of the United States on the mainland territory of south- eastern Alaska. Respectfully, P. C. Knox, Attorney- General. Memoranda of cai^es. 1887." The following pardon case was tried at Juneau, Alaska: United States v. John (an Indian). Charged with rescuing a prisoner. The defendant is the (4iief of a tribe of Indians on Berners Bay, some .50 miles from Juneau. One of his tribe, in July, 1887, having killed his wife, a deputy marshal «See log of U. S. flagship Saranac of July 31, 1873, ante page 396. 408 PAPERS RELATING TO was sent witli a posse to arrest the murderer. The arrest was made, and the Indians themselves were conveying in their canoe the deputy and his interpreter and the prisoner to Juneau, but l)efore they got there the Indians decided that the murder had been settled for "'accord- ing to their own laws'' and it was not right to give up the prisoner, •so they landed the party, pushed the deputy to one sidt>. placed the prisoner in a cabin, and guarded him there. The deputy proceeded to Juneau and, returning with a hirge posse, secured the prisoner. Defendant was convicted at the November term. IssT. and later sentenced to six years' imprisonment at McNeils Island penitentiary, Washington. President Harrison, on May 8, 1889, granted the defendant a pardon. 1888. The following case was tried before Louis L. ^A'illiams. United States commissioner at Juneau, Alaska: United States v. Charley (an Indian). Complaint made by Walk-on-ass (an Indian); offense charged;; lar- ceny; ort'ense committed at Chilcoot, Alaska, November 20, 1S88; resi- dence of accnsed, Douglas "Crty, Alaska: defendant discharged. The witnesses were ^^'alk-on-ass. Jinnnie (an Indian), and Rev. E. J. Wil- liard, the first two of Chilcoot and the last of Juneau. 1889. The following cases were tried before Louis L. Williams, United States connnissioner at Juneau, Alaska: United States /-. Frank Gudmamen. Complaint made by Henry H. ^^'lleeler: oli'ense charged committed at Chilkoot, Alaska, on June oO. 1,S8!); residence of accused, Juneau, Alas"ka: defendtint dixliarged. The witnesses w-ere H. W. Wheeler and Frank Pondextcr. hoth of Chilkoot. I'nited States v. Pobert Ohman. Complaint made h\ H. W. Wheeler: oliense charged, larceny; oHense committed at Chilkoot, Alaska, on June 30, 1889: residence of accused, Douglas City, Alaska: defendant discharged. The witnesses were H. W. Wheeler and Frank Pondexter, both of Chilkoot, Alaska. 1890. The following case was tried before V\'. R. Hoyt, United States commissioner, Juneau. Alaska: United States v. John Bjerkland. Complaint made hy J. J. Healey; offense charged, violation of sec- tion 6(3lt (p. 437), Oregon statute; offense eommitted at Chilcat^^Alatika, October 7. 1890; residence of accused, Cliileat: defendant convicted and sentenced to Sitka jail. 1891. PARDON CASE. United States /•. George Chartrich. Arrested in spring of 1891 oi^JJJiilkat Rjver, on the charge of ''assaulting and resisting an ofhcer of the United States, section 5398, AMERICAN OCCUPATION 409 Revised Statutes United States;" tried at Sitka, Alaska, September 8, 1891, and sentenced to three months' imprisonment and to pa_y a tine of $50; request made for pardon September 24, 1891; adversel}" reported upon by the attornev-general of the United States December 14, 1891. 1892. The following cases were tried by AV. R. Hoyt, United States com- missioner, Juneau, Alaska: United States v. Tom (an Indian). Complaint made by C. S. Hhickett; offense charged, murder; offense committed at Chilcat on July 4, 1892; residence of accused, Chilcat; defendant heTd for grand jury. United States r. John Wade. Complaint made by C. S. Blackett; offense charged, manslaughter; offense committed at Chilcat on July 5, 1892; residence of accused, Chilcat; defendant heTcT to grand jury. AMtnesses: S. H. Perin and J. P. Lindsay. Chilcat. United States r. ]M. V. Sharp. Complaint made l\y Max Endleman; offense charged, selling liquor (section 14. organic act): offense committed at Chilcjit on July 4, 1892; residcnc*^ of accused. Chilcat; defendant lieTcf to grand jury. Wit- nesses; John Timons and W. F. Reed, of Juneau. 1893. The following case was ti-ied by W. R. Hoyt, United States commis- sioner. Juneau. Alaska: United States /•. .lohn Dalton. Complaint made by J(>hn (t. Hood; offense charged, murder (Rey. Stat.. ooolM: offense eomn)itted at Chilcat, March 5, 1893; residence of accused, Chilcat: defendant held to grand jury. Witnesses: Edward (Indian), William Paddock, et al.. Chilcat. 189-1. The following cases were tried before H. W. ]Mellen. United States commissioner at Juneau, Alaska: United States /•. .lack McGlotchlin. Complaint made by W. M. Hall; offense charged, selling whisky; offense committed at J2iT'^ on May 3<), 1S94: residence of accused, Juneau; defendant TTischarged. The witnesses were Jim (an Indian), Shu-utie, and W. M. Hall, all of Dyea. (Page 7 of same account shows entry in same case where defendant was held to district court.) United States r. An-ta-Yache. United States ,■•. ( io-nah-Kah. Complaint made by Kd Armstrong; offense charged, manslaughter (O. C, sec. 511) and assault (sec. 536); offense committed at Chilcoot^ on August 19, 1894; residence of accused, Chilcoot; held to'answerT The witnesses were Ed Armstrong and Go-nah-Kah, of Juneau and Chilcoot, resi)ecti\-ely. United States /-. Scun-doo. Complaint made l)y Gleh-naw; offense charged, murder (sec. 506); committed at Cliilkat, ^larch 24, 1894; residence of accused, Chilkat; defendant heTd'lo district court. Witnesses: Glah-na-ay, Goo-deh- 3'ak, et al., of Chilkat. 410 PAPERS RELATING TO Exam ( Iter DougaU to tJic Attorney- General. Department of Justice, Sifhi, Alaska, July 25, 1S92. The Attorney-General. Sir: While on duty at Juneau, Alaska, on Juh" S. 1S1»2. news of a double murder at Chilcat reached me, and 1 beo- now to make a report thereon, as I know that many eontlietino- rumors will be afloat con- cernino- the affair. The .steamer Vh'ih-at arrived in the harbor, havino- on board the corpse of one Frank Marx (white), who had been killed at Chilcat, also a white man named "Scotty," who was severely wounded, and brought the information that an Indian named "'■ Yah-guido-clin'''had been killed and one '•Qualth,'' an Indian, was badly wounded. United States Commissioner William R. Hoyt, of Juneau, caused a coroner's jury to be impaneled at once, who viewed the body of Frank Marx and also caused Dr. James K. Simpson to make a post-mortem examination thereof. The witnesses being all at Chilcat, some SO miles distant, and the body of the murdered Indian also being there, the connuissioner, acting as coroner, deemed it prudent to repair thither with the jury, the physician, the deputy United States marshal, Deputy United States Attorney C. S. Blackett. and an interpreter. He placed a warrant in the hands of the deputy Ignited States marshal for the arrest of "Tom," a ('hilcat Indian, the reputed murderer of Frank Marx. There being no direct conunnnication between Juneau and Chilcat, the deputy United States marshal chartered the steam launch Seaolin and had her provisioned, and they all started for the scene of the murders at 10 a. m. efuly !». While en route they met Special Deputy United States Marshal John Dalton on l)oard the steam launch Liliaiu having in charge three prisoners implicated in the trou- ble. These they took on board the Chilcat and took them all back to Murray's cannery, near Chilcat, where they arrived at 10 a, m. July 10. ' Chilcat is situated 50^ 11' north latitude and is at the Chilcat River, which is at the head of Lynn Channel and on the right, while Chil- coot is on the left on Chilcoot River. It is an important center of the fur trade and there are three salmon canneries in the immediate neigh- borhood which have been in operation for some years. The largest salmon -fishing interests in Alaska are here. Chilcat is not on the regu- lar mail-steamer route and therefore is cut oti' a great part of the year from outside communication; 3'et it is the point of departure of pros- pectors and miners by the overland route to the great Yukon Valley, the exit being at St. Zvlichael on the coast near the mouth of the Yukon River. The Chilcats are the most numerous and warlike tribe in southeastern Alaska. Between the money paid these Indians for tish purchased of them by the cannery companies and that received for packing goods across the portage to the headwaters of the Yukon, the Chilcats have become one of the wealthiest tribes of aborigines in Alaska. In 1890 $30,000 was distrilnited to them for fish alone, in IVlOl >^20,000 was distributed, and for this year *lo.00O to §12,000 will be distributed. This decrease is because of the insolence of the Indians and the injury they have done, and the threatened destruction of the property of the canneries. This year they have employed more white men and China- AMERICAN OCCUPATION. 411 men and have used more boats and gear. See testimony of Hugh Murra}^ and Samuel H. Perrin, hereto appended. At Chilcat the coroner's jury made careful inquiry into the causes of the death of the Indian and white man, also the cause of the trouble; they examined over twenty witnesses. The U. S. S. Pinto ^ Lieutenant- Commander Maynard commanding, was lying at anchor in Chilcoot River, which is just across a narrow neck of land from Chilcat. Indian Tom, the reputed murderer, having boasted that he would not be taken alive, it was deemed advisable to call on Commander Maynard for a "posse comitatus" to aid the deputy United States marshal in mak- ing the arrests. He immediately responded and detailed Lieut. David Peacock, Ensign R. E. Coontz, aiid Surg. L. P. Stone, with six marines and thirteen seamen. He showed every disposition to render aid or assistance- to the civil authorities, and also to protect the lives and property of citizens. With their assistance Indian Tom was secured without any more bloodshed, as also was an Indian named ""Qualth."'^ After completing these investigations the coroner's jury and the offi- cials returned on the Chilcat to Juneau, bringing with them the reputed murderer, "Tom,'' and "Qualth.'' arriving there on the morning of July 13. From the testimony adduced before the jury and statements made by those interested or present, I gather that the whole trouble arose from whisky furnished by whites to Indians on the Fourth of July, especially toward evening. There are four saloons at Chilcat and also a dance house, to wit: Oleson & Stearns, M. V. Sharp, Joe Tugueiro, and Silas Gibson. All of them were selling liquor in Alaska in violation of section 14 of « the organic act and section 955, Revised Statutes. Yet all have paid / the special tax as retail liquor dealers (thereby having the quasi consent/ of the Internal Revenue Bureau to engage in the liusiness). From th^ testimony hereto appended it is apparent that these four saloons can not subsist solely by supplying whisky to white men, and being in the business to make money the natural result is that they will sell, either directh' or indirectl}^ to Indians. Consequently the present trouble. The traffic in liquor at Chilcat is the growth of the present adminis- tration. When Mr. C. S. Johnson took charge as United States district attorney there were no open saloons at that place or in that neighbor- hood: now there are four. No effort seems to. have been made to stop their growth. A simple narration of the current events in this "Chilcat trouble" might be given as follows: On the Fourth of July the Chilcat Indians got drunk, and toward night they were pretty full. One of them, •tQualth," in a drunken reel, fell on or against a white man named Jack Wade, who immediately knocked him down. Another Indian, Jim Yealth tay, in a ])lind drunk stagger, fell through the window of Silas Gibson, one of the men who had sold the liquor to the Indians. This led Gibson to fire three shots at "Jim.'' The Indians were all drunk and the white men, too. They got Jack Wade down, and he shot and killed an Indian named Yah'guido din. Wade was down on the ground at the time. A lot of Indians were on the top of him when he fired. The shot entered the heart, killing him almost instantly, whereupon the Indians fled. The wife of the murdered man went and hunted up "Tom" and demanded of him, after the Indian custom of "an eye for an eve" and ''a tooth for a tooth," a life for a life, 412 PAPERS RELATING TO ''Tom, 3'ou profess to be a l)rave man: avenge the death of my hus- l)and." Tom sallied forth with his g-un and shot the first white man he met. whicii happened to be Frank Marx, the shot taking effect in his abdomtMi and hieerated his l)owels. Two slugs were found in the al)dominaI cavity. Neither "Miirx" noi- ''Tom" had been engaged in the druidy me at said time, the original of which copy I have l)efore me, pasted in my private scrapbook, at the time that I make this deposition. That thereafter we proceeded to improve the property embraced within said notice during the year 1888 in the following manner, to wit, by proceeding to construct a wharf at or near the place now occupied l)y Moore's wharf on Skagway Bay. That said wharf was constructed about 80 feet wide, extending about 70 feet from the shores of Skagway Ba}' out to the edge of extreme low water. That my father and myself were assisted in the construction of said wharf by two Indians named Nausuk and Tom. That ill addition to the building of said wharf we constructed a log cal)in which is now standing in the city of Skagway, Alaska. That on or about the 6th da.y of June, 1888, I observed Healy & Wilson's schooner Charlie sailing out of Dyea late in the evening about southward down Lynn Canal. That on or about the 7th of June 1 noticed a number of Indian canoes making southward from Dyea down Lynn Canal at considerable speed. That on the t>tli day of June we observed the steamer Lucy, from AMERICAN OCCUPATION. 419 Juneau, making into Dvea, and m}^ father and ] ]n-oceeded from the port of Skagway to Heah^ & Wilson's trading post at L\yea. That when we arrived near the steamer Zucy we observed a number of men aboard her armed with guns. That we were informed that there w^as a deputy Lhiited States mar- shal with 22 special deputies who had come to Dyea to suppress trouble among the Indians at that time, originated in the killing of one Sitka Indian and one Chilkoot Indian, and that the lives and property of Mr. and Mrs. Healy, Mr, and Mrs. White, missionaries or teachers at Dyea, and Mr. Wilson had been endangered, together with George Carmack hereinbefore mentioned. That the said United States marshal and his special deputies took into their custody a number of Indians at Dyea and carried them to Juneau, Alaska, among whom is one Indian known to me whose name is Kosko, who was shot near the knee in one of his legs and who is now residing in Skagway, Alaska. That, further, to my personal knowledge I knoAV that the authori- ties of the United States district court have made numerous arrests among the Indians at Chilkat, on Chilkat Inlet; at Haines, on Lynn Canal, and at Dyea. on Lynn Canal, during the year 1888 and for sev- eral years subsequent thereto, although I am not able at this time to give specitically the particuhir incidence in relation to such arrests in relation to the exercise of jurisdiction by the United States district court. That on or about the 1st day of August, 1888, we left Skagway Baj^ for Juneau, Alaska, stopping lirst at Healy & Wilson's trading post at Dyea, Alaska. That thereafter, on or about the 17th day of August, 1888, 1 hired to F. H. Poindexter at Juneau, Alaska, to work at his cannery at Pj^ra- mid Harbor, Chilkat Inlet; that said Poindexter was a citizen of the United States and left on said day for Pyramid Harbor on the steamer LUian^ belonging to said cannery. That in company with me were Stephen York, of Juneau, and his brother William York; that the United States marshal was also aboard said boat; that to the best of my recollection said marshal was Max Endelman, for a long time a resident of southeastern Alaska and a cit- izen of the United States. That said Endelman was charged with the duty of making arrests and suppressing disturbance among the Indians at Klukwan, on the Chilkat River about 30 miles inland from Pyramid Harl)or. That he deputized the said Stephen York and William York and, to the best of my recollection, other persons to assist him in the execu- tion of said duty, and that they proceeded in a canoe up the Chilkat River to Klukwan, Alaska, in the execution of said duty. After a number of da3's said Endelman and his deputies returned to Pyramid Harbor from Klukwan, and, to the best of ni}" recollection, they had several Indians in custody, among whom I believe was one Indian known as Tom, Avho has since to my knowledge become a member of the Salvation Army. That during said year of 1887 and 1888 vessels of the United States — gunboats, revenue cutters, and survey boats whose names I can not specifically recall — were in the waters of Lynn Canal and anchored at the head of Lynn Canal. That the boats that frequented said waters w^ere, to the best of my 420 PAPERS RELATING TO recollection, known as the Thdix^ WJ(<lace beginning. The said described land being part of the unsurveyed public domain of the United States, and it is the intention OHitlon of Bolh rt Wright. United States of America. District (>f Alaska, xx; Robert Wright, l)eing first duly sworn, on oath deposes and says: I am a citizen of the United States, a resident of Dyea, Alaska; that 1 have resided in. Dyea, Alaska, for more than ten years last past. That I have lived and been in and about the possessions of the United States known as the district of Alaska since July, 1879. Thtit I am ac(iuainted with the country north of Dyea iW and Skag- way Ha}-, and the country bordering upon Lynn Canal and the country l)()rdering upon and adjacent to Chilkat Inlet. AMERICAN OCCUPATION. 42S That I have been in and about l^vvaniid Harljor at variou.s times between 181H) and 1895. Tiiat about the 3'eai' 1892 I remember a case in which one flack Wade was accused of killing an Indian whose name is to me now luiknown, at or near Chilkoot. north of Haines Mission, in the district of Alaska. That numerous persons besides the said Jack Wade were implicated in the said killing, both wiiites and Indians, and that numerous arrests were made in connection therewith. That the said Jack Wade, to the best of ni}- recollection, Avas ar- rested on the shores of Lvnn Canal near Haines Mission. • That a number of Indians were arrested in connection with said affiair by United States deputy marshals at Chilkoot, north of Haines Mission on Lynn Canal, and near the mouth of the Chilkoot River. That a number of the Indians were also arrested at or near Kluck- wan, on the Chilkat River, a river which flows into Chilkat Inlet in the district of Alaska, and that a number of other persons w^ere arrested in connection with said affair at a point known as Chilkat, at the mouth of the Chilkat River, and on the shores of Chilkat Inlet; and that all of said parties after having been apprehended were conducted to Sitka, Alaska, for trial. That I remember for a lumiberof years prior to 1897 that one F. H. Poindexter resided at Pyramid Harbor on Chilkat Iidet in the district of Alaska, and at that time a United States commissioner or judge, and that he exercised the functions of his office and caused arrests tO' be made from time to time upon the shores of Chilkat Inlet and north of Chilkat Inlet up the Chilkat River as far as Kluckwan, a specific instance of which I can not at this time recall. I remember the said Poindexter was an American citizen and that there were prior to 1897 and for some time prior thereto two canneries on Chilkat Inlet, one of which was owned and operated by one Hugh Murray, who, I am informed and believe, was a citizen of the United States. That during all of said time all property rights and disputes were treated as subject to the laws of the United States, and also all criminal matters on the shores of Chilkat Inlet and far to the north of Chilkat Inlet, as far at least as Kluckwan, and that the process of the courts of the United States was frequently used and served in the country just described. That aliout the year 1893 I came to Dyea, in the district of Alaska,, and settk^l at said place, possessing, owning, and claiming a consider- able tract of land at or near what was afterwards known as the town of Dyea. That at the time I came to Dyea there was a trading post at said place known as the trading post of John J. Healy and Edgar Wilson, copartners operating under the firm name and style of Healy & Wilson. Thatthesaid Healy and ^Vilson were l)oth American citizens, and that several other people settled in and about Dyea, and that the said Healy & Wilson claimed a large tract of land near Dyea; that the same was surveyed and application made for a patent thereto in the United States land office at Sitka, Alaska, of which application the said land office took jurisdiction, and that at the time of the death of the said Wilson the acquirement of a portion of the said tract of land was in: the process of consununation before the United States Land Office. That while I was at Dvea there were from vear to vear a number of 424 PAPERS RELATING TO persons passing back and fortli from what is known as the interior over Chilkoot Pass, engaged in mining at Forty-mile Creek and other places. That from time to time, as occasion pi'csented, attempts were made to carry liquor from boats on Lynn Canal into the country north of Dyea, which carriage was at that time prohibited l)y the laws of the United States. That I rememl)er one William Watt, a deputy United States marshal, was frequently in and al)out Dyea looking for liquor so imported and attempting to suppress the landing of li(jUoi- upon the country adjacent to Dyea. exercising his authority as deputy United States marshal. That I remember an incident along about the year 1895 in which Mj're Hofl'stad, a customs officer of the United States, proceeded up the Dyea trail from Dyea as far as a point known as Stone House, about 16 miles up the D^^ea trail from tidew'ater. That at said place he discovered and found a considerable quantity of liquors Avhich had l)een landed at Dyea and were cached at or near the point known as Stone House. That, pursuant to his authority as a customs officer of the United States, he opened the vessels in which said liquor was con- tained and let the liquor out upon- the ground. That I remember about the year 1897 that certain customs officials of the United States seized a boat l)elonging to Frank Kane, of Douglas Island, Alaska, bound for Dyea or Skagway Bay with liquors aboard, and brought said boat into Skagway Bay and held the same there for some time, and thereafter took said ))oat in their official custody to Juneau, Alaska. 1 remember another incident at wdiich one William Leak, of Juneau, Alaska, was engaged in transporting liquor over the Chilkoot Pass about the year 1895, in which they were pursued hy William Watt, deputy United States marshal, but that they succeeded in getting said liquor past the summit of said pass l)efore the said Watt was able to reach the summit, and that thereafter the said Watt abandoned pursuit of the liquor. 1 remember another incident in which the said William W^xtt, deputy United States marshal, found a consignment of liquoi-s at Sheep Camp, about 15 miles north of Dyea, along the trail over Chilkoot Pass, and seized said li([uor and opened the vessels in which it was contained and let the same out on the ground under his official authority. That about the year 1897, in the suumier of said year, one John U. 'Smith arj'ived at Dyea, in the District of Alaska, and assumed the duties of the office of United States commissioner at said place, and that from that time on until the present date there has been a com- missioner at either Skagway, Alaska, or Dyea, Alaska, continuously, together with deput}- marshals of the United States stationed at one or the other of both of said places, exercising their official authority; and that said United States commissioner's court has at all times since said time exercised jurisdiction over persons and property and causes, both civil and criminal, arising on the shores of Lynn Canal or at points north of Dyea or Skagway Bay as far as the summit of the mountains north of said places. That the United States district court for the District of Alaska has always exercised jurisdiction, both civil and criminal, over all points on the shores of Lyim Canal and to points as far north as the summit of the mountains north of Skagwav Bav and Dvea. AMERICAN OCCUPATION. 425 That said jurisdiction during- all times, both since 181>7 and prior thereto, has been universally recognized and exercised both by judicial ofhcers and by the United States marshals acting under the authority of the laws of the United States. That to my personal knowledge all property rights in their acquire- ment, possession, and enjoyment, and all disputes have been subject to the laws of the United States as far north as tlie sunuuit of the moun- tains and at all places adjacent or tributary to Lynn Canal. That all record of title, location notices, and other evidences of the transfer or acquirement of title to property have been subject to the laws of the United States: and that I have been engaged from time to time in litigation in courts of the United States respecting my right to the possession of propei'ty at or near Dyea, north of the bay at Dyea, and that the United "States district court and United States commissioner's court have taken jurisdiction of said matters and from time to time rendered judgment in litigation concerning the same therein pending, and that the process and judgment of said courts has been universally accepted as the proper determination of such disputes, unless appealed from to other courts of the United States. That at no time during my residence in Alaska, which has l)een con- tinuous since 1879. have I ever seen or heard of a case in which ofhcials of the Canadian government, or any person representing Bi-itish sover- eignty, has attempted to exercise any official duties at any point nearer tide water, on Lyiui Canal, or Chilkat Inlet or Taku Inlet, where 1 have frequently l)een, than a point inland beyond the summit of the mountains. That prior to 1897 I had never seen or heard of an official of the Canadian government attempting to exercise an}^ official authority north of Lynn Canal or north of Chilkat Inlet, or in and about either of said bodies of water. Robert Wkigiit. Subscribed and sworn to before me this 24th dav of March, A. D, 1903. [seal.] J. J. Clarke, Dtptdy. Dcpox'ithm of Jostj'Ji Carr. United States of America, District of Ah I. sh(. .V.V.- Joseph Carr, l^eing tirst duly sworn, on oath deposes and says: I am a citizen of the United States, ])orn in New York City, N. Y., ol: the age of 61 years. That I have resided continuously in the District of Alaska for the past twenty years, to wit, since 18\83^ That I have resided in Chilkat. in the District of Alaska, dtl^'flTftKutlnlet for more than twelve vearslast past, and that 1 tirst came to Chilkat Inlet in the year 1891. That at that time I foiuid two canneries upon Chilkat Inlet, ont> owned and operated by F. H. Poindexter, and another cannery at Pyramid Har1)or owned and operated by Beck & Son. That the said F. 11. Poindexter was a citizen of the U^nited States, and the members of which the tirm of Beck & Son were composed were citizens of the United States. 426 papp:rs relating to That upon cill property on th(> shores of the Chilkat Inlet and upon the shores of Lynn Canal from said time until the present date the laws* and jurisdietion of the United States have alwaA^s been applicable. Thatall location notices, evidences of trsmsfer, were made under and pursuant to the laws of the United States and the customs of the American citizens of the District of Alaska. That I was acquainted with and knew one F. H. Foindexter, who shortly after my arrival at Chilkat Inlet was appointed a Lhiited States conmiissioner, and thereafter the said United States commissioner from time to time, when occasion arose, heard and determined all trials upon disputes arising in the vicinity of Chilkat Inlet as far as a point beyond the point known as Klukwan. That among- mnnerous cases which came before said United States commissioner's court I have specific recollection of the following cases, to w^it: A case in which one Al Martin was defendant and the United States was plaintili', and the said Martin was tried upon a charge of beating an Indian woman with whom he was then living in Chilkat. That the said Martin was convicted by the said commissioner's court. That I remember also a case occurring about the year 189:^, when a large consignment of liquors, belonging to one William Leak, was seized by the United States deputy marshal at Chilkat, one J. J. Healey, and b}^ him turned over to the United States conuuissioner. F. H. Foindexter; and I remember that said liquor Avas thereafter stolen from the custody of the said United States commissioner. I also remember a case about said time, while said Foindexter was United States commissioner, in which a man whose name I can not recall ^^'as arrested at Chilkat for stealing a side of beef which had been let down to him from the stern of one of the ocean-going vessels then lying at or near Foindexter's cannery at Chilkat. 1 remember also a case occurring on or about the 4th or 5th of July, 1893, in which one Jack ^^'ade was charged with killing an Indian man. and in which various other Indians and whites were implicated, and that numerous arrests were made in connection with said atl'air at or near Chilkat, up the Chilkat River as far as a point commonly known as Oolachan Fatch, about 3 miles up the Chilkat River. I remember a case also, about 1893, in which an Indian woman com- monly known as "Blanket Susie" was arrested at or near Chilkat, on the shores of Chilkat Inlet, ui)on the charge of stealing blankets from one Hugh Murray, superintendent of the Chilkat Canning Company's plant; that from time to time there were numerous other cases of jurisdic- tion of the United States court, both commissioner's and the district court, and of the service of process of the said courts upon the shores of Chilkat Inlet and as far inland as the Indian village of Klukwan. although I am unable to call other specific cases to memory. That dui'ing all of the time that 1 resided at Chilkat, to wit, from 1891 to the present date, the shores of said inlet and of Lynn Canal were frequinitly visited by United States officials, both of the revenue and Navy Department, who lent aid and assistance to the natives and enforced order in such cases as they were able to reach. That during none of my residence in Alaska have 1 ever known or heard of an oflicial of the Canadian government or any of its provinces or Britisli sufjject ever claiming or attempting to exercise any official authority on the shores of Lyiui Canal or Chilkat Inlet or any point AMERICAN OCCUPATION. -127 nearer to tide water on Chilkat Inlet than a point north of Khikwan, nor upon any point nearer to tide water upon Lynn Canal than the summits of the passes of the mountains north of Dyea and Skagway, Alaska. Joseph Cakr. Subscribed and sworn to before me this 25th dav of March. A. D. 1903. J. J. Clarke, Deputy Clerh United States District Court for Division Ho. 1, Alasl'a. Deposition, of Don-a-wal'. United States of America, District of Alaska^ ss: Don-a-wak, being- first duly sworn, on oath deposes and says: That I am a native Alaska Indian, living- at Haines, Alaska. That I am chief of the Chilkats. and have been such chief for many years past, and was such chief at the time that Russia left Alaska and the United States took charge of Alaska. That at said time, after the troops came to Sitka, a man-of-war came to a point in front of the place now known as Haines, then known as Portage Cove, and I was invited aboard the vessel by the conmianding officer and informed of the transfer, and had considerable conversation w4th him. That from that time until the present day my tribe has recognized the authority and jurisdiction of the United States and its officers over all the country adjacent to Lynn Canal and Chilkoot Inlet and border- ing thereon and adjacent to Chilkat Inlet, and at least as far as the summits of the mountains from the heads of the various inlets. That a portion of my ti'ibe lives at Industuckki, at the mouth of the Chilkat River near Chilkat Inlet. That another large village of my tribe is situated along the shores of the Chilkoot River, between the lake at its head and tide water on Chilkoot Inlet, and that a large number of the Indians of my tribe have resided there for many years and have many tishing places upon the stream. That my tribe of people is a tribe that did the packing over the pass known as Chilkoot Pass, and many of them worked and resided there for years prior to the time when many white people commenced to go to the Klondike. And that from the time of the Russian cession until the present day I have held and m}^ people have held allegiance to the United States only, and have recognized their laws and the jurisdiction of their offi- cers and courts. That about 1892, or about eleven years ago, I was appointed an Indian policeman and exercised the duties of a peace officer among my people at all of the places above named, when occasion required, as a representative of the Government of the L^nited States, and have caused arrests to be made and enforced peace and order among my tribe by the authority of the United States. 1 remember manv vears ago when a boat came into the harbor at 428 PAPERS RELATING TO Hainos, known as Fortage Cove, a United States war boat, and that the captain of the boat was named Captain (llass. 1 renieinl)ei" a boy on said boat, whom 1 remem])er to be Edward Armstrong-, since Indian policeman and interpreter for the court. That 1 was invited upon said boat hy the cai)tain and was shown how the cannons would shoot, and that the cannons were shot several times across the |)eninsula between Lynn Canal and Chilkat Inlet. I was at Dyea at the time Klanot, a subchief of the Chilkats, was taken from Haines to Sitka by officials of the United States Govern- ment for slapping- Bishop Sagers in the face at Dyea some time previ- ous, and Avas informed of the fact and have full knowledge of it. 1 was at Dyea at the time Klanot, subchief of the Chilkoot Indians, was killed by an Indian in a tight that he had with an Indian called Sitka Jim. I was at Haines at the time On-tee-Ateley killed one Indian John- son and was pursued by Johnson's relatives, and the said On-tee-Atei(>y was arrested, together with the Indians pursuing him, and was taken to Juneau; and I remem.ber the incident of their arrest, and I remem- ber seeing the officers, together with Ed Armstrong, at the time said arrests were made. I was at Dyea at the time that Skundoo was arrested for punishing certain persons for witchcraft at Kluckwan l)y starvation, and remem- ber when the boat on which the deputy marshals and officers of the court slipped into Dyea by putting out the lights at night and caught Skundoo; and I remember that he was taken to Juneau and there tried. I have been subpoenaed at the United States district court at Juneau as a witness in several cases and there attended court pursuant to subpoena. I remember at the time of the affair when Jack Wade killed an Indian and trouble arose from the killing, and a man-of-war came to Haines and anchored and landed a number of marines, and deputy marshal landed with Ed. Armstrong; and I also remember that several Indians were arrested near Industuckki, at the mouth of the Chilkat River, at that time by Jack Dalton, a deputy United States marshal, and ))v Jack Lindsay. I remember at the time that the sun went out in the daytime many years ago that a vessel of the l^. S. Navy was anchored in Pyramid iHarbor and that a uumber of officials, among others an officer with one arm, went up the Chilkat River. I remember being informed of the incident in which, prior to the Klondike rush, certain liquors were l)roken open on the trail near the summit of Chilkoot Pass and spilled ui)on the snow. That 1 "svas informed that these liquors were broken by customs officers of the United States. his DOX-A-WAK X In presence of — fl. J. Clarke. Subscrib(^d and sworn to before me this 27th dav of ]March, A. D. 1908. [sEAL.j J. J. Clarke, Deputy Clerk Unittd States District Court for Division No. i, AJasla. AMERICAN OCCUPATION. 429 U. S. Flagship Saranac, Head of Lynn Channel, Alask a, July 3 0,_J8,7S. To whom it may concern: '- -^-^' ""^ At -i p. m. of the above date came to anchor, and at 4.80 of the same afternoon were visited by several Indians who came alongside and were invited on board by the captain commanding, Thomas S. Phelps, TJ. S. Navy. After entertaining them with mnsic performed by the band, and making them presents of various articles, they took their departure, evidently much pleased with the attentions received and the friendship manifested toward them. August 1, departed for Sitka, Alaska, having remained here two days. A. M. Pennock, U. S. Navy, Rear-Admiral, Commanding North Pacific Station. Thos. S. Phelps, Captain, and Chief of Staff. Lieut. Commander W. B. Hoff, Lieut. Commander E. L. Armorv, Admiral's Secretary J. 8. Stodder, Staff of Admiral. A. E. Barbour, Captain' X Clerk, U. S. Xari/. Shown to me this date by Donnawack. U. S. S. PiNTA, May 20, 1885. H. E. Nichols, Commanding Pinta. r. S. S. Wachusett, Chilcat, Alaska, August 24, 1881. The bearer, Donowock, is a principal chief of one of the Chilcat vTnifes7 and is hereby recognized as such; he is said to be a good man. I hope all white men will treat him well and that he will be the same to them. Edward P. Lull, Commander, Commanding. This is shown to me by Don-a-way to-day during a talk in settlement of a little trouble with some miners. I hope he will be worthy of the above reputation. H. E. Nichols, Commanding, Commander and Senior Officer Present. V. S. S. Pinta, Mag -20, 1885. U. S. S. Adams, Chilcat Country, Pyramid Harbor, May 29,1883. The bearer, Donne wak, chief of the lower village of the Chilcat tribe, some time ago charged a royalty of $15 for allowing white men to pass through his country. After talking to him he promises never to do so again. He appears to be anxious now to be recognized as an especial friend of the whites. I would advise white inen to listen to him, as he has much influence among his people. I have given him a ' ' talking to, ' ' and he expresses a great desire to be looked upon as the protector of the whites living in or passing through his country. [blank seal. J E. C. Merriman, Commander, Commanding Adams. V. S. S. Pinta, Portage Bay, May 18, 1885. To Chief Don nauxiak and Chief Clanaat and the Chilcoot Indians: I have come here because the white men have told me that you had ordered them to go away and had threatened to kill them if they did not go. Better counsels have since prevailed, and I am glad to find that the white men have gone on about their business. 430 PAPERS RELATING TO This conntr}- is free to all white men to go through in the pursuit of their business. It is for your interest to have them here, because they bring you wealth by your con- tracts to work for them. If any of the white men desire to do their own packing they must not be inter- fered with. The chiefs of the tribe and the headmen of families are by me held responsible for the good conduct of their people, and the white chief who governs the whole country is very angry with you for this ill treatment of peaceable people passing through your country. (Should there hereafter be any complaints or shall there be any disturbances or outrages that call for my interference 1 shall jiunish the offenders to the full extent of the law. [seal.] Henry E. Nichols, Lieutenant-Commander, U. S. xV'n//, Commanding Pinta, and Senior Naval Officer in .ifaxhi. United States of America, the district of alaska. [Shield.] To all to whom these presents shall come, greeting: Know ye, that, reposing special trust and confidence in the loyalty, integrity, and ability of Don-a-wak, I, Lyman E. Knapp, governor of the District of Alaska, by the authority in me vested by the Constitution and laws of the United States, do hereby appoint and commission him, the said Don-a-wak, private of Indian police for the Chilkoot region under the laws of the district, and I authorize him to discharge, according to" law, the duties of said office, and to hold ami enjoy the same, together with all the powers, privileges, and emoluments thereto api)ertaining, for the term Iof one year. He will report for instructions to Officer Nathaniel Jones and Deputy Marshal J. J. Healy. In testimony whereof, I have hereunto set my hand and caused to be affixed the . great seal of the District of Alaska. Done at Sitka, this 1st day of February, in the vear of our Lord 1891. — - - • [seal.] ,.— — ~ Lyman E. Knapp. By the governor: N. R. Peckinpaugh, Secretary. Certificate of authentication of foregoing ixipers. United States of America, District of Alaska, Division Xo. 1, ss: I, W. J. Hills, clerk of the United States district court for the District of Alaska, division No. 1, do hereby certify that the alxive and foregoing and hereunto annexed are full, true, and correct copies of letter from Edward P. Lull, commander, com- manding U. S. S. Wachusetts, to Donowock, chief of one of the Chilcat villages, dated August 24, 1881. Letter from Henry E. Nichols, lieutenant-commander, U. S. Navy, commanding Pinta, to Chief Donowaak and Chief Clanaat and the Chilkoot Indians, dated May 18, 1885. Memorandum from Rear- Admiral A. M. Pennock, U. S. Navv, on flagship Saranac, dated July 30, 1873. Appointment by Governor Lyman E. Knapp of Don-a-wak as private of Indian police for the Chilkoot region, dated February 1, 1891. Letter from E. C. Merriam, commander, commanding Adams, dated May 29, 1883. That the same were made from, and by me compared with, the originals which are now in the |.osscssion of Don-a-wak, chief of the Chilkoot Indians, which said chief is at prociit residing at Haines, in the district of Alaska. In Avitncss wiicnof I have hereunto set my hand and affixed the seal of the court this 27th (lav of March, A. D. 1903. [seal.] "W. J. Hills, Clerk U. S. District Court for Division No. 1, Alaska, By J. J. Clarke, Depntg. AMERICAN OCCUPATION. 431 Deposition of Johit Don-a-iraJi. United States of America, District of AJash(, ss: John Don-a-wuk, being first duly sworn, on oath deposes and says: I am a native Alaskan Indian of the Chilkoot tribe, born near the point known as Haines, in the District of Alaska, and that 1 have always lived in and about that point, at times living at Dyea, Alaska, being engaged in packing over the Chilkoot Pass. I was present in 1888 when Klanoot was killed and Sitka Jim, an Indian, was killed. That I remember a boat coming up from Juneau with a num])er of white men aboard, and that an investigation was held over the ))odies of the dead men. I remember shortly previous to Klanofs death that a boat came to Haines and Klanot was asked aboard the boat and afterwards taken away from Haines and taken to Juneau for striking Bishop Sagers in the mouth, as I remember, with a handful of gravel. I also remember the death of an Indian named Johnson at the hands of On-tee-Ateley, and the arrest of On-tee-Ateley and a number of other Indians by Edward Armstrong and other officers near Davidson Glacier. I rememl^er also the case known as the Jack Wade case, and remem- ber seeing a number of the prisoners taken aboard the steamer RustJer by the United States officers, and remember that a man-of-war was also in the harbor at Haines and landed a number of soldiers or marines. I remember numerous other incidents in which arrests were made and officers exercised their jurisdiction in and about the country bor- dering upon Lynn Canal, Chilkat Inlet, and Chilkoot Inlet and as far inland as the summits of the passes in the mountains therefrom. I remem])er and was present at Dyea when certain liquors were seized at or near Stone House and were broken open by the customs officers. I saw the casks after the}^ had been broken open. That at no time during my memory have the officials of any other country attempted to assume or enforce jurisdiction over the countrv above described. I am, and ha^'e l)een for some time past, a member of the Salvation Army at Haines, and am the leadei* at Haines of the Salvation Army. his John x Don-a-wak. mark In presence of — J. J. Clamve. Subscribed and sworn to before me this 2Tth day of March, A. D. 1903. [seal.] J. J. Clarke, Deputy Cirri- United States District Court for Division No. 1, Alaska. 432 PAPERS RELATING TO Deposition of Ed i card Armstrong. I'nited States of America, District of Al(/ska^ ss: Edward Annstrong-, heiiig- first duly sworn, on oath deposes and says: I am a native of Alaska; born near the point known as Wrangell, Alaska, in the 3'ear 1809. That 1 am of Scotch-Indian descent, and have lived in the District of Alaska ever since my birth, except fifteen months that I attended school at the Indian Training- School at Salem, Oreo-. That for a large part of the time since the year 1S82 I have been employed in the service of the United States Government as Indian police othcer and interpreter. That I am well acquainted with that portion of Alaska known as southeastern Alaska, especially with that portion of Alaska adjacent and tril)utary to those bodies of water known as Taku Inlet, Lynn Canal, Chilkoot Inlet, and Chilkat Inlet. That I am familiar with the jurisdiction exercised by the United States courts in the District of Alaska from the year 188-i to the pres- ent time, and with the jurisdiction exercised by other officials of the United States from the year 18S2 to the present time. That I distinctly remember that in the fall of 1882 I was on board the U. S. man-of-war Massachusetts^ and that said vessel then came to Portage Cove, on the shores of L3'nn Canal, tieing the harbor or cove now known as Haines, Alaska. That said vessel came to Portage Cove for suppressing the trouble among the Indians at or near Portage Cove, and that one Captain Glass was in command of said vessel. \ That at said time a portion of the Indians complained of at or near Portage Cove were brought aboard said ship and brought before the commander of said vessel, and the matter of difficulty was discussed and arbitrated; and that thereafter safd vessel sailed from said port to Sitka, Alaska. . That in the years 1888 and 1889 I was a guard in the United States I jail at Juneau, and acting as Indian interpreter before the United I States courts during said years; and that on several occasions I came • to Haines, Alaska, and Chilkat, Alaska, as interpreter with deputy marshal to make service of legal papers on natives of the Indian vil- lages at said points. That the exact nature and description of the cases in which these services were made are not distinct in my recol- lection. That in the year 1890 1 accompanied Harry Bursen, United States census taker, and was with him live months. That we took the census of natives and white settlers from Cape Fanshaw. near Wrangel, to Yakutat, on the shores of the Gulf of Alaska; and that during said trip we took the census of natives and whites around the head of L^nn Canal and as far up the Chilkat River as Klukwan, including Klukwan; and took the census of natives around Taku Inlet and the Taku River, proceeding and taking said census as far as 30 miles up the Taku River at an Indian village about 30 miles up said river where all of the Indians at said place gave their enumerations for the purpose of said census. That in the year 1891, under United States Marshal Porter, I was AMERICAN OCCUPATION. 433 guard and chief of Indian police at Juneau, Alaska, and interpreter before the United States courts. That in July of said year I came with the deputy" marshal. Max Endelman, at the time of the arrest of Indian Tom and Jim Hansen and other natives for murder of a white man and an Indian; which affair was the case commonly known as the Jack Wade case. That said Indian Tom was arrested at said time by Jack Dalton, deputy United States uiarshal, and others, at a point up the Chilkat River known as Yindiskuckki, only a few hundred yards distant from the point commonly known a--* Oolachan Patch. That at said time the U. S. man-of-war Plnta proceeded to Haines Mission and anchored off' Haines: and that in company with Deputy Marshal Max Endelman I proceeded across the peninsula from Lynn Canal to Chilkat Inlet at Haines in company with 20 marines off of said vessel to assist in said arrests. That at various other times during- my service under Marshal Porter I cauie to Chilkat, on Chilkat Inlet, and Haines, on Lynn Canal, to attend to the service of process of the United States courts for the dis- trict of Alaska. That in the month of August, 1894, to the ])est of my recollection, and while I was in the service of United States Deputy Marshal L. L. AVilliams, I accompanied Deputy Marshal Jack Ross and United States Customs Inspector James Slater on the steamer Rustler^ Capt. Mal- com Campbell, to the vicinity of Chilkoot, Alaska, for the purpose of arresting seven Indians who had threatened the murder of an Indian known as Indian Joe; and that after reaching Chilkoot, Alaska, which is at the mouth of the Chilkoot River, a short distance north of Haines, we ascertained that said Indians had proceeded down the peninsula between Chilkat Inlet and Lynn Canal to a point in the vicinity of Davidson's Glacier, and that said Indians were bv said party arrested at or near said glacier, in the swamps adjacent thereto, and taken into custody and brought to Juneau, Alaska, and there tried. That about the same time as the last incident mentioned I was appointed special deputy marshal by the marshal, L. L. Williams, and came to Dyea, at the head of Lynn Canal, with Deputv United States Marshal William Hale, and arrested one Skundoo, an Indian doctor, on the charge of murder; that said murder was charged in connection with the practice of said Skundoo in torturing Indians for witchcraft, and that said Skundoo was then and there arrested and brought to Juneau, Alaska, and there tried; and that in connection with said case I also served subpoenas upon a number of Indians at the Indian village of Klukwan, on the Chilkat River, in the district of Alaska. And that after the year 1S9T, after leaving the United States mar- shal's office, I proceeded to a point known as Dalton's Post, on the Dalton Trail and interior from Chilkat Inlet about 85 miles from the village of Klukwan. That said post was established and maintained by one Jack Dalton, an American citizen, residing in and about Chilkat Inlet, and that at said time there were no Canadian officials in the neighborhood of said post or to the seaward of said post around the country adjacent to Chilkat Inlet, except a party of four Canadian surveyors who were surveying in the vicinit}^ of Dalton Post. That in the spring of 1898 I took charge of a store belonging to the said Dalton, at what is now called Pleasant Camp, on the Klahena 21528—03 35 484 PAPERS RELATING TO River, about IT niilos from the mouth of said river; and that during* said year 22 Canadian mounted police, under command of Major Jarvis, had come in in the sprino- of said year on their wa}' to the country known as Rahiy Hollow, with the intention of there establishing a frontier post; but that afterwards their plans were changed and the}" established their camp at the point known as Pleasant Camp. That subsequently thereto, in the year 1900 or in the year 1901. after the temporary boundary provided for by treaty had been established, the Northwest mounted police moved their post down the Klahena River 17 miles to a point known as Wells, about 2 miles distant from the Indian village of Klukwan, and have since maintained their post at that place. That numerous incidents which I am unable at this time to call to memory, in addition to those incidents specifically mentioned herein, have occurred in which the jurisdiction and authority and process of the officials of the United States court and of other officials of the United States have been exercised in and about the shores of Chilkat Inlet and as far inland as the passes in the mountains adjacent thereto, and likewise have instances of such jurisdiction occurred in and al^out the shores of Lynn Canal and as fai" north as the summit of the passes in the mountains north thereof, and that such authority and jurisdic- tion has during all time within my memory been exclusive, uncontested, and uncontradicted. That during all of said time I have been well acquainted wnth the members of the various Indian tribes wnthin the range of the territory above described, and that the authority of the United States has been recognized and obeyed and that no other authority has been recog- nized by the Indian tribes, and that during all time within my memory there has never been any attempt on the part of the officials of any other nation or sovereignty to exercise control or jurisdiction within the limits above described. Referring again to the incident of my arrival at Haines on the ship Massachusetts, I remember that at that time the captain of the vessel caused the cannon to be shot several times over the peninsula between Portage Cove and Chilkat Inlet. Edward Armstrong. Subscribed and sworn to before me this 27th day of March, A. D. 1903. [seal.] J. J. Clarke, Deputy Clerh United States District Court for Division JYo. i, Alaska. De])osition of E. B. Clarl:. United States of America, District (f Alashi, ss: E. B. Clark, being first duly sworn on oath, deposes and says: I am a resident of the district of Alaska, residing near the mouth of the Chilkat River at a point called Industuckki; that I first came to Alaska in the year 1889; that I spent about a month in the year 1889 in and about Chilkat Inlet, and in the year 1890 I came to Chilkat AMERICAN OCCUPATION. 435 and have resided in the neighborhood of Chilkat Inlet ever since that time, except when absent on prospecting- and exploring expeditions; that I am well acquainted with the countr}' bordering upon and adja- cent to Lynn Canal and Chilkat Inlet and Chilkoot Inlet, and that during all of my residence in the district of Alaska I have heard of and known of many cases in which the oflScials of the United States Government of its various departments in the United States courts have exercised jurisdiction over all of that territory bordering upon said inlets and adjacent thereto and as far inland therefrom as the summits of the passes in the mountains. That shortly after or at the time I came to Chilkat Inlet one F. H. Poindexter, residing at Chilkat, was appointed a justice of the peace, and that on various occasions he exercised jurisdiction of a justice of the peace in the vicinity of Chilkat Inlet, several of which cases I distinctly remember. I remember a case in which certain liquors were seized by one John J. Healy, between the year 1890 and the year 1892, at Chilkat, and by him placed in the possession of said Poindexter in his store at Chilkat; and I also remember that said liquors were subsequently stolen from the store of said Poindexter by boring a hole in the floor beneath the barrels. I remember also a case in which one Hugh Murray, a cannery man near Chilkat, in the District of Alaska, on the shores of Chilkat Inlet, was robbed of a number of blankets by an Indian woman, since known as " Blanket Susie," and that she was arrested and tried at said time, I remember also an incident about the same time in which one Ed. Gibson was attempting to bring a keg of liquor into Chilkat across the peninsula from a point known as Haines Mission, and that an Indian informed John J. Healy, then deput}^ United States marshal at Chilkat, of the attempt, and the said Healy met him on the trail between Haines and Chilkat and seized said liquor and deprived the said Gibson thereof, I remember also a case about said time in which a man was arrested for stealing a side of beef, which had been let down to him from the stern of one of the ocean vessels then lying in the harbor at Chilkat Inlet, near (chilkat. I remember also that case known as the "Jack Wade case,'' in which a number of other persons were implicated, including Indians, and in which the deputy United States marshal proceeded as far as Indistuckki, near the mouth of the Chilkat Piver, and exhumed a body there, and that a coroner's inquest was held at said point ov^er said body, and a number of arrests were made at said time in connection with said affair; that the Jack Wade case arose out of the killing of an Indian by the said Jack Wade and the afl'ray which followed therefrom. I remember also, although not present at the time of the arrest, that incident known as the "Skundoo case," in which Skundoo was arrested at or near Dyea, in the District of Alaska, for certain tortures of other Indians charged with witchcraft in Klukwan, at or near Klukwan, in the District of Alaska. And I also remember that Ed. Armstrong, an interpreter for the United States courts and special deputy marshal, came up into Chilkat Inlet and up the Chilkat River as far as Klukwan and brought down certain witnesses material to the trial of the issues in that case. I remember that prior to the influx known as the " Klondike rush " the 436 PAPERS- RELATING TO United States kept and maintained a post-office at Chilkat, in F. H. Poindexter's stove, I renieni])er also, in the year 1890, the officials of the United States €ng-aged in taking the census of that decade came to the shores of Lynn Canal and Chilkat Inlet and included in their enumeration all the resi- dents thereabout, including Indians, and proceeded by the Chilkat River as far as at least the village of Klukwan, taking enumeration at that point. I rememl)er that Edward Armstrong, an interpreter for the United States courts, accompanied the census taker when he was in and about said places. I remember that some time about the spring of 1804 an Indian by the name of On-tee-Atelay killed another Indian in the neighborhood of Chilkoot, and that the friends of the Indian that had been killed pursued the said On-tee-Atelav from Chilkat down the peninsula between Haines Mission and Chilkat Inlet to a point in the vicinity of Davidson's Glacier, and that there a nund^erof the Indians, implicated both in the murder and in the pursuit of the murderer, were arrested by the United States deputy marshal from Juneau and taken into cus- tody, among whom, I believe, was an Indian known as "Indian Tom." That as early as 1890 a trading post had l)een established at the head of Lynn Canal hj John J. Healy and Edgar Wilson, copartners, under the firm name and style of Healy & ^^'ilson. They were American citizens and claimed title to their lands under and b}^ virtue of posses- sion, and claimed protection to such possession under the laws of the United States. That prior to the Klondike rush of 1897, and even prior to my arrival in the vicinity of Chilkat Inlet, a number of claims had been taken into possession by white people, including two cannery sites on the shores of Chilkat Inlet. That during all of my residence in the District of Alaska the coun- try adjacent to and bordering on Chilkat Inlet and Lynn Canal has been treated b}^ all persons concerned as within the jurisdiction and protection of the laws of the United States; and that all property has been taken up, held, and acquired pursuant to said laws, and all record and evidence of title made in accordance with the provisions of the laws of the United States applicalde to the District of Alaska; and that such has been the case as far north of Chilkat Inlet as points on the Porcupine and Klagena rivers and other points now on the Cana- dian side of the provisional boundary of 1899. E. B. Clark. Subscribed and sworn to before me this 27th da3^ of March, A. D. 1903. [seal.] J. J. Clarke, Deputy Clerk United States District Court for Division No. i, Alaska. Deiyosition of S. Hall Young. United States of America, District of Alaska., ss: S. Hall Young, being first dul}^ sworn, on oath deposes and says: I am a minister of the Gospel, the general superintendent of missions of the Presbyterian Church in the District of Alaska. AMERICAN OCCUPATIOlSr. 437 That I first came to the District of Alasiva in 1878 in the month of Jul}" in company of John Muir, a scientist and explorer. I made two long- canoe voj^ages in southeastern Alaska in the 3'ears 1879 and 1880. That I am a citizen of the United States, and hav^e since said time been in and about the District of Alaska a large part of the time, and have resided in the District of Alaska for more than lifteen years. That the said John Muir and myself came to a place near that point now known as Haines Mission, in the District of Alaska, and also visited Glacier Bay, near that glacier now known as Muir Glacier, in the District of Alaska. In the year 1880 1 came up again to that point on Lynn Canal now known as Haines Mission and stepped otf a site for the Presbyterian mission at said point, and in,J.881^said site was surveyed for the Pres- byterian board of missions aiiH a location notice thereof recorded at Juneau, in the District of Alaska, with the United States commissioner at said place. That the Presbyterian Board of Home Missions is a private corpora- tion, duly organized and existing- under and b}^ virtue of the laws of the State of New York. That as early as 1880 the said Presbyterian Board of Home Missions, through its duly appointed missionary at said place, was in possession and control of a certain mission site at Klukwan, in the district of Alaska, and maintained possession thereofTfom said date to the pres- ent time, and erected improvements thereupon. That in the year 1880 1 also visited a point now known as Dj^ea, in the district of Alaska, at the head of Taiya Inlet. That at that time I there found John J. Healy and Edgar Wilson, copartners, doing- business under the firm name and style of Healy & Wilson. That they had several buildings erected and in the course of erection, having- settled there ordy a short time previous. That both said Healy and Wilson were American citizens and, as I am informed and believe, had located and were holding- their property under and b}" virtue of the laws of the United States. That, to my personal knowledge, during- my travels in and about Lynn Canal, in the district of Alaska, the boats of the Navy and Revenue Department of the United States from time to time cruised upon waters of Lynn Canal and enforced such order and rendered such assistance and aid as were possible from them to the inhabitants of the shores of Lynn Canal; that in 1806 the mission site now known as the Presbyterian mission at Haines, Alaska, was duly survej^ed by one Woodward, a deputy United States surveyor, and said survey was filed in the office of the surveyor- general and patent applied for there- upon for the lands embraced in said survey, and that the Land Depart- ment of the United States took jurisdiction and cognizance of said application, and that application for patent to said lands is now in the process of consummation under the jurisdiction of the Land Department of the United States. S. Hall Young. Subscribed and sworn to before me this 26th day of March, A. D. 1903. [seal.] J. J. Clarke, D(^puty Clerk United States District Court for Division No. i, Alaska. 438 PAPERS RELATING TO Deposition of Lewis L. Williams. United States of America, District of AlasJca., ss: I, Lewis L. Williams, being first duly sworn, depose and say: That I am a citizen of the United States and a resident of the district of Alaska, and have l)een at all times since 1886 a resident of said dis- trict. That in August, 1886, I was appointed United States commis- sioner for the district of Alaska, to reside at Juneau, by the Presi- dent of the United States, and held said office until September, 1890. That during the time I acted as such commissioner many prisoners were brought before me for trial, and man}^ of said prisoners were tried, convicted, and sentenced in my court; that many of said pris- oners were tried and convicted for violations of United States laws committed in w^hat is now known as the Porcupine mining district, district of Alaska, and north of Klukwan, in said district. That nobody ever questioned my jurisdiction as such commissioner to hold, try, and determine said causes on account of said territory where said \ offenses were committed being without the jurisdiction of the United States. That all of the Indians residing and inhalViting that region of terri- tory bordering on Chilkat River and northerly of .-aid Klukwan, at all times since my arrival in Alaska, recognized and acknowledged that they were subject to the jurisdiction of the United States Government. That while acting as such commissioner I had occasion to go to the village of Chilkat, on Chilkat Inlet, in the district of Alaska, for the urpose of holding an inquest over the remains of an Indian; that no one uestioned my jurisdiction or authority as such commissioner to hold aid inquest; that I went to Chilkat from Juneau for the purpose of olding said inquest at the instance of many white settlers in that icinit}''; that in accordance with such request 1 went to Chilkat and held an inquest oyer the remains of a deceased Indian for the purpose of determining the cause of death; that \\\y expenses incurred for chartering a boat for the purpose of going to Chilkat at that time were allowed by the United vStates Government. That in February, 1894, I was appointed United States marshal for the District of Alaska by the President of the United States and con- tinued to hold said office until August, 1897. That while acting as such United States marshal I had occasion to direct my deputies at various times to make arrests of parties ace used of crime in the Por- cupine mining district and north of the village of Klukwan, in said district. That neither the Canadian government nor anv of its officers ever questioned the right of myself or deputies to arrest any parties for a violation of the United States laws applicable to the District of Alaska within said Porcupine mining district. That while acting as United States marshal one Scum Doo, an Indian, was indicted b}- the grand jury of the United States district court for the District of Alaska for murder committed in the vicinitv of Chilkat; that said Scum Doo was apprehended by officers acting under my direction at the village of Klukwan, in the District of 1 Alaska, and brought before the United States district court for the District of Alaska for trial, and was there duly convicted of man- slaughter l)y the jury and sentenced by the court to imprisonment in the penitentiary for three years, and was afterwards under said sen- AMERICAN OCCUPATION. 439 tence taken to the penitentiary at San Quentin, in the State of Cali- fornia, for the purpose of serving- the term ordered by said judgment of said court. That while the indictment in said cause charged the defendant with the commission of said offense at or nearChilkat, said crime, as shown by the evidence, was committed considerably north of said Chilkat, to wit, near the village of Klukwan, which village is situated near the Klahini River, near the junction of the Chilkat and Klahini rivers, in the District of Alaska. That the hereto-attached papers, consisting of five pages, marked, respectivel}', A, B, C, D, and E, are portions of the record in said cause of the United States v. Scum Doo. That said Exhibits A and B constitute a certified copy of the indictment in said action; that said Exhibits C and D constitute certified copies of the journal entry, showing impaneling of the jury in said cause and the verdict of said jury in said cause; that said Exhibit E is a certified copy of the judgment of the court in said cause. Le^vis L. Williams. Subscribed and sworn to before me this QOth day of March, 1903. [seal.] T, R. Lyons, Notary Puhllc in and for the District of Alaska. A and B. The United States of America. District of Alaska. In the district court of the United States for the District of Alaska. The United States of America 1 Scum Doo, an Indian, whose ,.eal United States Revised Statutes, par. 5339. name is unknown. J At the adjourned November term of the district court of the Unites States of America within and for the District of Alaska, in the year of our Lord one thousand eight hundred and ninety-four, begun and held at Juneau, in said district. The grand jurors of the United States of America, selected, empaneled, sworn, and charged within and for the District of Alaska (which said district had been before the first day of Januarj, A. D-.,i89-t, ceded to the United States, and has ever since and is now under the sole and exclusive jurisdiction of the United States), accuse Scum Doo, an Indian, whose real name is to the grand jurors aforesaid unknown, by this indictment of the crime of murder, committed as follows: The said Scum Doo, at or near Chilkat, within the said District of Alaska, and within the jurisdiction of this court, wilfully, feloniously, and of his malice aforethought, contriving and intending, one Ches Oghk, an Indian woman, whose real name is unknown to the grand jurors aforesaid, feloniously to starve, kill, and murder, on or about the 24th day of March, in the year of our" Lord one thousand eight hundred and ninety-four, and on divers day^and times between that day and the 2d day of April, in the year of our Lord one thousand eight hundred and ninety-four, at or near the place aforesaid, in the district aforesaid, in and upon the said Ches Oghk, an Indian woman, whose real name is to the jurors aforesaid unknown, in the peace of God, and at the district aforesaid, then and there being, feloniously, wilfully, and of his malice aforethought, did make divers assaults; and that said Scum Doo, on or about the 24th day of March, in the year last mentioned, in the district aforesaid, her, the said Ches Oghk, in a certain room in the house of Kee-ke-na-su, an Indian whose real name is to the jurcirs aforesaid unknown, at said place and in said dis- trict then situate, feloniously, wilfully, and of his malice aforethought, the said Scum Doo did cause the said Ches Oglik to be confined and emprisoned, and bound wdth strong ropes; and that said Scum Doo from on or al)(>ut tlie 24th day of March, in the year of our Lord one thousand eight hundred and ninety-foui', until on or about the 2d day of April, in the year last mentioned, in the district aforesaid, feloniously, wilfully, and of his malice aforethought, did neglect, omit, and refuse to give and 440 PAPERS RELATING TO administer, and permit and suffer to be given and administered to her, the said Ches Oghk, sufficient meat and drink necessary for the sustenance, support, and mainte- nance of the body of her, the said Ches Oghk; by means of which said confinement and imprisonment, and also of such neglecting and refusing to give and administer, and to permit and suffer to be given and administered to said Ches Oghk, such meat and drink as were sufficient and necessary for the sustenance, support, and main- tenance of the body of her, the said Ches Oghk, she, the said Ches Oghk, from on or al)Out the 24th day of March, in the year last mentioned, until on or about the 2d day of April, in the same year, in the district aforesaid, did languish, and lan- guishing did live, until on or about which said 2d day of April aforesaid, the said Ches Oghk of the neglect aforesaid did die. And so the grand jurors duly selected, empaneled, sworn, and charged as afore- said, upon their oaths do say: That the said Ches Oghk, he the said Scum Doo, did then and there in the manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, kill and murder, contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the United States of America. Lytton Taylor, United States Attorney. United States of America, District of Alaska, Division No. 1, ss: I, W. J. Hills, clerk of the U. S. district court for the District of Alaska, Division No. 1, hereby certify that the hereto-attached indictment, consisting of two pages marked "A" and "B," is a full, true, and correct copy of an indictment now on file in my office in the case of the United States of America v. Scum Doo, an Indian. In witness whereof I have this day set my hand and affixed the seal of the court this 26th day of March, 1903. [seal] W. J. Hills, Clerk U. S. Dist. Court for District of Alaska, Division No. 1. By Walter S. Coutant, Deputij. Juneau, November 26, 1894. The United States r. Scum Doo. This cause coming on for trial, the plaintiff being represented by Lytton Taylor, esq.. United States district attorney, and the defendant being personally in court, and his counsel, J. F. Malony, esq., the venire of the petit jury being called by the clerk, and the jurors sworn as to their qualifications, and being passed for cause, the following jurors were sworn to try the issues: E. J. Hunsacker, W. G. Jack, Chas. Foreman, P. H. Fox, John P. Burns, J. P. Jorgonson, A. A. Runkel, Thos. Kiernan, John Gamble, H. J. Beltzhoover, Henry Hill, John McKinnon. The evidence being heard, the cause being argued by counsel, the jury charged by the court and retired for deliberation, and in charge of a swi.i-u officer. The jury in above-entitled cause, after coming into court, and being calliMl l)y tlie clerk and all answering, the plaintiff being represented by the I'niteil States di-trict attorney, the defendant being present, and his counsel, the jury rendered the following verdict: ' ' The United States of America, District of Alaska. In the district court of the United States for the district of Alaska. The United States r. Scum Doo. "We, the jury, empaneled and sworn in the above-entitled cause, find the defend- ant guilty of manslaughter. "John E. Gamble, Foreman." It is therefore ordered by the court that the jury be discharged from further attendance on this cause. United States of America, District of Alaska, Division No. 1, ss: I, W. J. Hills, clerk of the United States district court, for the District of Alaska, division No. 1, hereby certify that the foregoing is a full, true, and correct copy of a certain journal entry in the niatter of the United States v. Scum Doo, an Indian, found AMERICAN OCCUPATION. 441 on pages 570 and 571 of the records of mj- office in Journal 4, which copy of said order is marked "C and D" and attached hereto. In witness whereof I have this day set my hand and affixed the seal of the court this 26th day of March, 1903. [seal.] W. J. Hills, Clerk United States District Court for District of Alaska, DiiAsion No. 1, By Walter S. Coutant, Deputy. Juneau, Monday, December 26, 1894- The United States' I No. 392. V. Scum Doo. Now, at this day comes the plaintiff, by Lj^tton Taylor, esq.. United States attorney, as also comes the defendant in person, with J. F. Malony, esq., as counsel, and appearing for judgment. And it is hereby ordered, adjudged, and decreed that defendant be, and the same is hereby, convicted of the crime of manslaughter, and sentenced to imprisonment in the penitentiary for the term of three years.' United States of America, District of Alaska, ss: I, J. W. Hills, clerk of the United States district court for the District of Alaska, Div. No. 1, do hereby certify that the foregoing is a full, true, and correct copy of the original order found'on page 627 in book 4 of the records of my office. Dated this 26th day of March, 1903. [seal.] ' W. J. Hills, Clerk, By Walter S. Coutant, Deputy. Depcmtion of In-da- Yonl'. United States of America, District of Alaska ,, ss: In-da-Yonk, alias Schwatka, being first duh' sworn, on oath deposes and says: I am a native Alaskan Indian of the Chilkat tribe. That I have been an explorer and guide and trader in Alaska for a number of years, residing principal^ around Haines, Alaska; Kluk- wan. Alaska, and Dyea, Alaska. That I was the Indian guide for Lieutenant Schwatka on his explo- ration of the Yukon Ri\'er, and accompanied him from St. Michaels as far as San Francisco, about the year 1886. That I distinctly recollect the time when Alaska was turned over by the Russians to the United States. That I reached Sitka shortly after the transfer had been made. That prior to such transfer the Indians among whom I was raised and lived considered the Russians merely as traders temporarily in our country, and it was not common talk among the Indians that any other persons or nations claimed the country known as Alaska until the time of the transfer, when it became known to us that Russia had left the country and sold it. That I remember about twenty years ago when a ship of the U. S. Navy came to Haines, Alaska, and some of the Indians went aboard of her, and 1 remember that at that time I was told that the ship had fired shots over the hill near Haines, Alaska, to show the Indians how the guns w^orked. I was not present at Haines at that time, but came to Haines shortly afterwards, having at that time been at the village of Klukwan. 442 PAPERS RELATING TO That prior to the visit of the ship that shot the cannon another ship, much larger and more impressive, of the U. S. Navy, was seen off ; Haines in the neighborhood of Haines, but that no shots were fired by that ship. That although not personally present I recollect very well several incidents in which arrests were made by officers of the United States in and about the shore of Lynn Canal and Chilkat Inlet. 1 remember that one Klanot, head chief of the Chilkat tribe, living at Dyea, Alaska, was arrested for slapping one Bishop Sagers. This occurred near the time that I went into the Yukon with Lieutenant Schwatka. I also remember when my brother Skundoo was arrested and tried for punishing certain Indians for witchcraft. I was present at Dyea at the time the boat came in with the officers and took Skundoo away with them, and I remember fully all the incidents in connection there- with. I remember also that he was either in jail or the penitentiary for several years. I remember when several Indians among whom was Kok-hia Short- ridge and Kow-ish-tee and Yet-Kahk were arrested for assaulting Hugh Murray, the cannery man at Pyramid Harbor. I remember also that John J. Healy was deputy marshal in Chilkat for awhile, some time before the rush of people to the Klondike. That during all the time I have lived around Lj'nn Canal and Chil- kat Inlet the Indians whom I have known have always recognized the jurisdiction of the United States over the country around the shores of the inlet and the country adjacent to the inlet and to Lynn Canal, and have always respected the laws of the United States and their offi- cers, and have never known of any other officials of any country trying to make order or enforce laws in any wa}' of the country adjacent either to Chilkat Inlet or Lynn Canal. I also know that among the Indians of the Chilkat tribe upon the Chilkat River the authority and jurisdiction of the officials of the United States has been recognized right along b}' the Indians residing at Klukwan, in the district of Alaska. I remember shortly after the Russians turned over this country to the United States a flag was given to Chief Shortridge, of the Chilkat Indians, although I Avas not present at the time the boat came in and the flag was given to Shortridge; but the flag was put up on a flagstaff' at Klukwan at the chief's house and kept there for about a year, being put up at least once a week — on Sunda3^s. That prior to this time an Indian had come from the neighborhood of Skeena River, and had ])een taught about Sundays by a Catholic priest, and had taught the Indians about Sunday, and that the flag was put up on Sundays, and that the Indians knew when Sunday came at that time because that Indian preached on Sundavs. his In-da-Yonk X mark. In the presence of — J. J. Claeke. Subscribed and sworn to before me this 26th day of March, A. D. 1903. [seal.] J. J. Clarke, Deputy Clerl\ United States District Court, Dimsion No. 1. Alaska. AMERICAN OCCUPATION. 443 Depodtion of George Kostrometinoff. District of Alaska, Village of Sitka, ss: George Kostrometinoff, being duly sworn, deposes and saj^s: I am 49 3^ears of age and a citizen of the United States. 1 was born at Sitka, Alaska. I have been in the employ of the United States Government since July 11, 1876, off' and on, in the capacity of official interpreter, and as such have traveled all along the coast of Alaska from Dixon Entrance to Point Barrow, and at different times visited the principal villages on the coast. I am acquainted with that strip of territory over which there is dis- pute between the United States and Great Britain, and have traveled through portions of that territory. 1 have been up the Chilkat River as far as the native village of Klah-Kwan, which is from 20 to 25 miles from salt water. I was there only once, and that was with ex-Gov- ernor Lyman E. Knapp, in July, 1891. Governor Knapp was then making an official tour and I went with him in the capacity of inter- preter. He went up there to a village of Indians to hear theii* com- plaints and adjust their difficulties as far as he could. There were several officials beside Governor Knapp in the party, among them the executive officer of the U. S. S. Pin fa and the paymaster. I did not see any mining going on thei"e at that time in the vicinity of Klah-Kwan, but I heard that there was in that country, not at Klah-Kwan, but farther up; there was no mining at the village. We got there in the evening — in the summer time, and of course it was daylight all the time — and left there the next day, the forenoon of the next day. I did not hear of anyone there at that time claiming any jurisdiction on behalf of any other Government than the United States, and as far as 1 know we were on American territory. There were no white men there at all; no one but the Indians. I made other trips up the Chilkat River than the one I mention later. I made one trip with Judge Johnson and Lawyer Cobb of Juneau as far as asunmier village of the Indians, about halfway to Klah-Kwan, to investigate trouble between natives and white men about a trail that ran from Haines — trail running from Haines Mission and following the Ijanks of the river; that trail was supposed to go to the Porcupine District. At the time I was up there with Governor Knapp, in 1891, I heard no question as to the authority of the United States over that country. It was not questioned V)y anybody. It was always claimed and always recognized as United States territory. The question was never brought up until gold was found there. The nearest that I have been to the Porcupine country is this village Klah-Kwan. When I was in Skagway, in 1899, I met several -hiefs who com- plained to me about the outrages committed by the Canadian police. They claimed that the trail, which was made and used by their ancestors to carry goods into the interior for trading purposes, was claimed by the Canadians, and the Canadian officers demanding duty on all the goods carried by the natives. The Canadians did not commence to arrest these Indians until after gold was discovered in the Porcupine District. They had not molested them before that. George Kostrometinoff. Subscribed and sworn to before me this March 27, 1903. [seal.] Edward de Groft, United States Commissioiier. 444 PAPEKS RELATING TO Deposition of George Shortridge. United States of America, District of Aid d'a, s.^: George Shortridge, being first duly sworn, on oath deposes and says: That 1 am a native Alaska Indian of the Chilkat tribe, and that my father was the head chief and ruler of the Chilkat tribe. At the time of the transfer of the country known as Alaska from the Russians to the United States I was a boy, and I remember that a vessel of the United States came into Pyramid Harbor on Chilkat Inlet in the district of Alaska; and that my father, then chief, was sent for by the officers of said vessels, and that my father and I were then living at Klukwan on the Chilkat River in the district of Alaska, some miles above the mouth of that river on Chilkat Inlet; and that I accompanied my father from Klukwan to Pyramid Harbor and visited the vessel. That 1 did not know what transpired between the parties, being too young to take such an interest as would keep the matter in mj^ mind, but that a flag was given to my father by the officer on said vessel, being a flag of the United States; and also a uniform which he pre- sented to me. That the flag is still in my possession, and is at Kluk- wan in the district of Alaska. That at all times from said time until the present day the authority and jurisdiction of the United States over all of the country upon the shores of and tributary to Chilkat Inlet and Lynn Canal and Chilkoot Inlet, has been recognized by the natives inhal)iting the country around said shore and far inland therefrom to a point beyond Klukwan and as far at least as the summits of the mountains inland from said bodies of water; and that no other government has ever been recognized by the natives inhabiting the country above described at any time. That although not then present I remember the occurrence which was commonly known throughout our tribe in which one Klanot was arrested and taken to Sitka for slapping Bishop Sagers at or near Dyea. That I also rememl)er the occasion shortly subsequent, although not present, upon which the said Klanot was killed by a Sitka Indian — Sitka Jim. I remember the occasion, although at Klukwan at the time, when a ship of the United States came into the cove off Lynn Canal in front of the place now known a;^ Haines and called some of the Indians aboard and showed them how the cannon worked on said vessel and tired several shots. I was at Chilkat at the time of the occurrence in which Jack Wade killed an Indian, and remember the occurrence. I remember also that some of the parties apprehended in connection with said case were arrested near Oolachan Patch or Industuckki. I remember that at one time long prior to the laish of white people to the Klondike that one F. H. Poindexter was a justice of the peace at Chilkat, on Chilkat Inlet, in the district of Alaska. I remember also the incident in which Skundoo was arrested and taken to Juneau. I was present at Klukwan at the time Stephen York and others came up to arrest one Kodowat, an Indian, and I remember that there was a potlatch at that time, and that Kodowat would not come with the marshal, but subsequent!}' come after the potlatch was over and surrendered himself to the marshal. AMERICAN OCCUPATION. 445 Although not then present, I reDiember the occasion upon which an Indian wojiian, sometimes called "Blanket Susie," was arrested for taking l)lankets from Hugh Murray's canner}- on Chilkat Inlet. I remember that shortly after the transfer of Alaska from the Rus- sian Government to the United States that a vessel of tlie United States came into Chilkat Inlet with one Kincaid, of Sitka, aboard. That among the party was one John Davis, as I recollect, who had brought the troops of the United States to Sitka; and there was also a very old man with a scar on his face; and all of said party went as far as Kluk- wan, w here my father and I w ere then living-, and the party stayed in my father's house. And the party had with them surveying instru- ments, and that they stayed there about a month and a half, and con- siderable surveying was done at that time not a g-reat distance from Klukwan. I remember also that the eclipse of the sun occurred at that time and that it was totally dark in the daytime. his George x Shortridge. mark. In pi'esence of — J. J. Clarke. Subscribed and sworn to before me this 27th day of March, A. D. 1903. [seal.] J. J. Clarke, Deputy Clerk United States District Court for Division No. 1, Alaslri. Deposition of Klanot. United States of America, District of Alaska., ss. Klanot, an Indian, being first dul}" sworn, on oath deposes and says: I am one of the Indians wdio was arrested at or near Davidson's Glacier b}^ Ed. Armstrong and other oflicials of the United States in connection with the On-tee-Ateley afi'air, in which I with three other Indians were pursuing On-tee-Ateley after he had killed a relative of mine, and was brought to Juneau and tried before the commissioner's court there, but after trial was discharged on the condition that I keep the peace thereafter. That I remember the incident and the arrests of all the other parties at that time. I also testified in the murder case in which On-tee-Ateley was tried and convicted and that On-tee-Ateley was sent for ten years to jail or penitentiary. his Klanot x mark. In presence of — J. J. Clarke. Subscribed and sworn to before me this 2Tth dav of March, A. D. 1903. [seal.] J. J. Clarke, Deputy Clerk United States District Court for Division Wo. .?, Alaska. 446 PAPERS RELATING TO Deposition of Stephen E. York. United States of America, Dtdrlct of Alaska., ss. I, Stephen E. York, being lirst duly sworn, depose and say: That 1 am a citizen of the United States and a resident of the Dis- trict of Alaska and have been a resident of said district at all times since 1886; that 1 am familiar with the Porcupine mining- district in the District of Alaska, the Chilkoot River, and Chilkoot Inlet, and Chilkoot and White passes, and ha\'e been over ditt'erent portions of said regions frequenth^ since my arrival in Alaska: that in the fall of 1888 I was commissioned by the United States marshal for the Dis- trict of Alaska to lead a posse of 9 men to Klukwan, then an Indian village on the Kleheni River, in the Porcupine mining district, in the District of Alaska; that the reason said United States marshal com- missioned me to lead said posse to said Klukwan was for the purpose of capturing one Koo-to-wat, an Indian who was charged with having killed another Indian in the vicinity of Kkdvwan; that in accordance with the instruction of said United States marshal as aforesaid I, in company with 9 other men who were under my control and command, went from Juneau by way of Lynn Canal and sailed up the Chilkat Inlet and the Chilkat River to Klukwan; that at that time the United States Government, through its officers, exercised jurisdiction over all of the region of territoiy bordering on the Chilkat River and its tribu- taries to a point at least 10 miles north of said Klukwan, and that neither the Canadian nor the British Government pretended to exercise any control whatever over that region of territory or over the inhabit- ants who lived there at that time. That the inhabitants of said portion of the District of Alaska were nearly all Indians, and they acknowledged at all times that they were under the jurisdiction of the United States. That subsequent to 1888, and between that date and 1895, many citizens of the United States sailed up the Chilkat River for the purpose of prospecting the region drained by said Chilkat River and its tributaries, and that said pros- pectors at all times conceived themselves to be under the jurisdiction of the United States, and believed that they were prospecting in the territory subject to the United States; that since the discovery of gold in the Porcupine mining district, in the 3'ear 1898, all of the miners who made any locations in that district were citizens of the United States at the time of such location, and located their claims in accordance with the laws of the United States. Stephen E. York. Subscri})ed and sworn to before me this 2Tth day of March, 1903. [seal.] T. R. Lyons, Notary Piiblic in and for the District of Alaska. AMEEICAN OCCUPATION. 447 ENFORCEMENT OF REVENUE LAWS AND EXERCISE OF AUTHOR- ITY BY TREASURY OFFICIALS. The Acting Secretary of tit e Treasury to the Secretary of State. Treasury Department, Office of the Secretary, Washington, April 10, 1903. The Secretary of State, Washingto')}, D. C. Sir: I have the honor to transmit herewith copies of the records of this Department showing- the action of its officials in the enforcement of the laws of the United States and in preserving- order among the inhabitants on the shores and interior waters of the mainland territory of southeastern Alaska. Respectfully, M. E. Ailes, Acting Secretary. The Secretary of tlie Treasury to the Secretary of State. Treasury Department, Office of the Secretary, Washington., D. (J., September 15, 1898. Sir: Replying to your inquiries respecting the southeast coast of Alaska, I have the honor to inform j^ou that an examination of the records of this Department shows that a customs office was established at Tongass, southeast Alaska, March 15, 1869, and w^as maintained until 1888; at Mary Island, in August, 1892, and still continued; at Wrangel, in February, 1870, a customs station, now being maintained at the international boundary line on the Stickine River, about 10 leagues from its mouth; at Juneau, March, 1883; at Chilcot, August, 1890; one at Dyea, with a customs station at the international boundary. In addition 1 have to report that the steamers of the revenue service have made annual visits to the coast in question since 1867, under the instructions of this Department, entering all the inlets and arms of the sea to the head of navigation, for the purposes of protecting the revenue, enforcing United States laws, and preserving peace and order among the natives. Respectfully, yours, L. J. Gage, Secretary. The Secretary of State. Memoranduia relating to the estahlishment and maintenance of the United States customs service in southeastern Alaska, as shovm hy the records of the Treasury Department. The Secretary of the Treasury, under date of August 15, 1867, directed Special Agent W: S. Dodge to proceed to Sitka, Alaska, and act as collector of customs for that Territory. 448 PAPERS RELATING TO The following i.s a list of the subordinate customs officers first appointed for duty at the several subports and customs stations named in Alaska, with the dates of their respective appointments, on or adja- cent *to the mainland south of 60^ north latitude. Oeorge Forsaith i Inspector Alex. H. Merritt Deputy collectoi and inspector. A. C. Barry Inspector John D. Smith Deputy collector Joseph L. Millsaps Inspector J. J. Healy do George A. Waggoner Deputy collector and inspector. Alfred E. Maltby do John R. Beegle do Tongass Wrangell . . . Juneau Mary Island Douglas City Chilcat White Pass . Skagway . . . Dyea Mar. 15,1869 Feb. 3, 1870 Mar. 21,1883 Sept. 29, 1891 Feb. 24,1892 Aug. 19,1890 Jan. 5, 1900 Aug. 3, 1899 June 8,1898 The following report^ dated Sitka, Ap7'il 8, 1868, from Acting Collector Dodge^ and its accompaniments relate to the operations of customs oflcers on the Stickine River. CusTOM-HousE, Sitka, Alaska, April 8, 1868. Hon. Hugh McCulloch, Secretary of the Treasury. Sir: Inclosed please find cop}^ of a letter addressed me by William F. Tolmie, chief factor of the Hudson Bay Company, in relation to the transportation of their trading goods in transit up the Stickine River through our new possessions to their trading posts in British North America; also please find a copy of a letter which 1 addressed to Mr. Tolmie in reply. While this country was under the control of the Russian Govern- ment the Hudson Bay Company were accorded the privilege of ship- ping their merchandise in transit up this river. They have one post within a few miles of the supposed line of our territory. The river is navigable for light-draft steamers, and the company desire to exercise this right, subject to such rules and regulations as our Government ma}^ adopt to protect its revenue. On the 8th of February one of this company's steamers came to this port with a cargo of merchandise destined for their posts up the Stickine River. The vessel came here for permission to land these goods at the mouth of the Stickine, in charge of the inspector of cus- toms at that point, Mr. Forsaith, an apyjointee of Captain Howard of the U. S. revenue cutter Lincoln to await transit in Ma}^ when the ice shall be broken up and navigation secured. I reflected upon this matter for two or three days and hesitated granting the request without instructions from the Department. But the vessel was here to await instructions, which would involve a period of at least three months, so I at last gave the vessel a permit to land these goods at the mouth of the Stickine, to be stored in a building formerly the property of the Western Union Telegraph Company, and placed in the charge of Mr. Forsaith, a sworn officer of the Gov- ernment, and whose oath I have already forwarded to Washington. So far as practicable I enforced the regulations required by law in the transit trade with the Canadas. I also directed Lieut. George W. Moore, of the Revenue Service (a AMERICAN OCCUPATION. 449 gentleman whose services can not be too high]}" appreciated by the Government), to proceed on this company's steamer and to superin- tend the unlading and delivery of the goods. With this letter please also tind a copy of the instructions issued him. I also desired to secure information concerning the coast in this direc- tion, and especially in regard to Portland Canal, and this aftorded me excellent opportunity, the only expense being that of returning from Victoria and of l)oard while awaiting means of conveyance to return. His written report on tile in this office atfords much valuable infor- mation, and will l^e of great benelit to the service of a i-evemie cutter when one shall come, and in my opinion will vastly repay the Gov- ernment the expense of 182.28. the sum incurred. Whether the Department has approved the appointment of Mr. Forsaith, I do not know. He was appointed by Captain Howard on the 12th of August, 1867, and taken to the Stikine on the Hudson Ba}" Company's steamer (Jittr. He has been there since that date. Caj)tain Howard did not inform me what compensation he had agreed to allow. On his arrival at Washington it is possible he ma}' have arranged it. From what I can learn he is an honest, faithful man, although some- what illiterate. It is but justice that he should be informed whether the appointment be valid, and if so, what his compensation shall be. I also need his services here. And 1 herel>y inform the Department that on the 3d of April I revoked the appointment of Mr. Forsaith and appointed a Mr. Charles C. Walden, a man of good character, high standing, and large execu- tive capacity, in his stead, directing ]Mr. Forsaith to return here at the earliest opportunity. The reason for this is that I consider Mr. Walden a litter man for the place, especially if the right of transit be accorded to the Hudson Bay Company. Another reason for my action is that on the 31st of March, 1868, another steamer of the Hudson Bay Company arrived here with the balance of the goods intended for the trading posts during the ensuing summer. I per- mitted the landing of these goods at the Stikine under the same regulations I had previously imposed and sent Mr. Walden in charge of the goods and vessel. I herewith also transmit a copy of the instructions given him. It will be seen that I have given no authority for the transit of the Hudson Bay Company's goods, nor do I intend to do so until author- ized by the Department. But as I understand the law of nations in this regard, and the rights claimed under it by our Government, and as I suppose our Government is willing to accord to others what it claims from them, I have taken the responsibility of acting to this extent, and now inform the Department of the facts, and ask for such instructions concerning this in transitu trade as shall enable me to act properly and right and secure the true interests of the Government. Mr. Roderick Finlayson, another of the chief factors of this com- pany, came with the last steamer to consult with me regarding this matter, and to ascertain if it can not be arranged so that they can (provided the transit is permitted) go direct to the Stickine, instead of first coming here. By this arrangement a detour of some 500 miles would lie saved to them. Probably by the contirmation of Mr. Walden's appointment this can be arranged, although I suggest that inasmuch as the country 21528—03 36 450 PAPERS RELATING TO or coast is so likely to harbor a contraband trade it would be better, for the present at least, to compel a clearance here. I feel it my duty to recommend the appointment of Mr. Walden at the Stickine. The one made is temporary, the compensation to be fixed \v the Department. He, is wealthy and has gone down with a working- party of 10 men to prospect that section for gold and other minerals. He is a live man and will do much toward the development of our new acquisitions. Trusting that what 1 have done ma}^ meet with the approval of the Department, and that I shall soon receive instructions regarding this whole matter, I have the honor to be, Very respectfully, Wm. Sumner Dodge, Special Agent and CoUector. Hudson Bay House, Vlctonn, V. I., January 29, 1868. W. S. Dodge, Esq., United States Collector of Cnstoms, Silka. Sir: As it will be necessary for us soon to send supplies to our station on the Stikine River, within the British line, we have to ask the favor of your informing us by return of the steamer Otter of all the formalities required by you for our landing goods at Stikine Mouth, where you have a customs officer stationed, in transit for that post. Captain Lewis, of our steamer Otter, the bearer of this, will furnish you with any explanations in this regard which you may require, and with best wishes I have the honor to be, sir. Very respectfullv, your obedient servant, W. F. TOLMIE, Chief Factor, Hudson Bay Company. Collector's Office, District and Port of Sitka, Alaska, February 13, 1868. Lieut. George W. Moore, Revenue Service. Sir: As the English steamer Otter is about to leave this port for trading parts in British possessions, and also desires to unlade passengers and a portion of the cargo at different points within American territory, and being desirous of extending every facility to the Ihidsoii I>ay Company in the matter of rommercial relations consistent with the strict laws of the customs, and it l)eing impractical )le to comply at this point with some of the regulations incident to the carrying and ti-ansit trade along our coast and within our borders, you are hereby ai>pointcd as a temporary inspector and directed to accompany the said Otter on her trip through our possessions, affording every facility for the execution of legitimate rights, but taking every precaution to guard against a violation of the revenue laws, and to this end you will use you dis- cretion in sealing hatches at night and enforcing other remedies the exigencies of the case may demand. You will take and return to this office a correct list of the stores which the Hudson Bay Company have received permission to land at the mouth of the Stikine River for the use of their posts in their own possessions and to be taken up the said river the coming spring in transit to their posts; you will carefully compare the said mer- chandise w ith the entries made on the ship's manifest and note the fact. These L!' Is so landed will he stoied in charge of Mr. Forsaith, the inspector of cus- toms stationiMl at tluit point, by Captain Howard of the revenue cutter Lincoln, and he will be held i-esponsible for "their safe custody until spring, when the 0//n'orsome other vessel of the Hudson I'.ay Company shall return to the Stikine, by a permit from this otlice, or otlier projier authority, to land the same in transit to the posts in their said possessions bordering the Stikine River. You will have written directions to Mr. Forsaith to accompany these goods through our territory to their destination, and see that they are only landed on British soil, and that upon his return to this post he shall make a full report of his action to this office by the earliest opportunity. You will permit Captain Lewis to land his Indian passengers at Chatchenah, AMERICAN OCCUPATION. 451 together with their baggage and stores, under such restrictions as you deem proper to impose. You will also give permission to the ship to land at Misquiro Harbor and unlade the goods mentioned in their permit to Captain Lewis, the duties on said goods having been paid at this office. You will also permit the vessel to lade the salmon belonging to one Baromvich at his post and take it away, first seeing that it is duly entered upon the manifest, pro- vided, however, that you first make a careful examination of the said premises and vicinity, and if you discern liquors there in any quantities more than is reasonably allowable for the number of workmen employed, and ascertain that the same is sold or traded to the Indians in violation of United States laws, you will then seize all the effects, stores, etc., of the said Baromvich in the name of the United States and not permit the same to be taken away under any circumstances. In such a case you will take a complete inventory of the' said stock in duplicate, keeping one and giving one to whoever may be in charge of the same, with a written notice of the seizure and a warning to all who may attempt to disregard it. Upon your return further action will lie taken in the matter, as in such cases made and provided. Captain Lewis will provide you at his own expense with suitable quarters, as becomes your position, and board, and will keep you until you have an opportunity to return on some upward-bound vessel or you shall arrive at Victoria, British Columbia. You will then return by the earliest means of conveyance to this port. You will be allowed all necessary and just expenses for the trip, vouchers for which, when practicable, shall be taken. Wishing you a prosperous passage and trusting that you may learn many things of value to the customs and revenue service, I am, sir, very respectfully, Wm. Sumner Dodge, Special Agent and Collector. Collector's Office, Sitka, April 3, 1868. Ch.\s. a. Waldex, Esq. Sir: You having been appointed inspector of customs at the mouth of theStickine, in our new possessions, it becomes my duty to give you such instructions as shall enable you to faithfully discharge the trust "imposed in you and protect the revenue of the country. First. The principal object of your appointment is to superintend the shipment of merchandise belonging to the Hu now presented for the United States to exerci-se her sovereignty in those waters, which to the present time have been left neglected and open to wholesale snuiggling, by dispatching there a customs officer whose duty shall ])e to enforce the reveiuie laws. This can be done l)y having an inspector afloat during the trading- season, who shall be stationed on the steamer belonging to the com- pany. He will then be in a position to ascertain the condition of the ti'ade in the quarter spoken of and what steps are necessary to l)e taken to suppress smuggling. I would therefore recommend that the collector of Alaska ])e author- ized to appoint an additional d(>puty collector and inspector, whose duty shall be to repress the alleged traffic under such instructions as the Department may see tit to give. The propriety of admitting to entry upon the spot such dutiable merchandise is also presented for the consideration of the Department. The compensation of such officer is reasonably worth the sum of $4 per diem. The service will be attended with a certain amount of risk and hardship. I am authoi'ized by the directors of the company alluded to to state that the presence of the inspector on ))oar(l their ship will l^e agreeable to them and that no cost therefor will be charged to the United States. As the collector of the district of Alaska is now in Washington, I respectfully suggest this communication be referred to him for his opinion. I am, respectfully, your obedient servant, Wm. Gouverneur Morris, Special Agent. Hon. John Sherman, Secretary of the Treasury ., Was/ti/H/to/)., I). C. CusTOM-HousE, Sitka, Alaska, Collector's Office, March 27, 1880. Hon. John Sherman, Secretary of the Treasury. Sir: In reference to the comnuinication of Special Agent William G. Morris, of date March 12, 1880, relative to certain apprehended efforts of smugglers from British Columbia, and suggesting authority for the employment of an additional deputy collector and inspector for this district, I have respectfully to say: 1. That I have very little doubt, from information I also have re- ceived, that the smuggling operations referred to have been going on for some time and will continue to be prosecuted unless some steps are taken to stop them. 2. That, as the opportunity seems to be now presented. In* the plac- ing of a steamer upon the waters to intercept the trade which has sup- ported these operations, at the cost only of the employment of the additional officer suggested, during the trading season, I regard the proposed arrangement as an advisable one. But, if I understand Mr. Morris, in his suggestion at the close of page 3 of his letter, I desire it to be understood that 1 do not advise that any British or othei" for- eign goods found in the Alaskan waters, in canoes, being transported AMERICAN OCCUPATION. 455 to meet the trade spoken of, or not proper!}- cleared upon manifests, be allowed to be landed and held upon payment of duties. All such goods so found will be intended for an entirel^y contraband trade and entitled to no redemption from absolute forfeiture. Kespectfullv. :\L D. Ball, Colhctor. Treasury Department, Office of the Secretary, ^ymhhu|t