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B'
PAPERS
Ki I AiiN*; I'o
BEIIRING Sl-A FlSlll-RlK
GOV
WASH I NliTON:
ERNMENT PRINTING OFFICE.
1887.
4 I
J A ><
W
1
MST OF I'AI'liRS RIIATIXC TO Till.:
FISIIHKIHS.
I'llKIXC SILA
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5
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1 1.
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16.
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20.
21.
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2j-
24.
25-
26.
27-
28.
29.
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31-
32-
33-
34-
I'AKT I.
Mar,|ui...fSalislM,r).oSM I.. S. ^a.kMll,. WoM SpUMul,,,- ,<.. iXSy
Nr .. S. Sackvillc Wc, .., Mr. Kav.r.l Septanh,,- 27. ,SS6
S.r L.>. Sackvillc WcM ... Mr. Hayar.! , „,,,„, „, „,,
•axloflcklcslc.^h lo.Sir I,. S. Sackville West , ,c,ol,er 50, lS,S6
.Mr. I!aya.dtoSirI...S..sackville\Ves, Vn ember 12, ,S.S6
S.r 1.. S. Sackville West ,.. Mr. IJayar.l I,eceml,er 7. ..S,S6
S>r I S. Sackvillc WVm ,.. Mr. Dayar.l ,„,„,,, ,«,
Mr. liaynnl to Sir I.. S. .Sackvillc West |anuarv'i2. 1X87
Nr I.. S. Sackvillc West to Mr. Ilayard Fcl,ru.uv , 1SS7
Mr. Hayanl to Sir I,. S. Sackville West j.-ebrtiar; ,. 1S87
Sir L. S. Sackvillc West to Mr. Ilnyara Kel-ruar; 4. 18S7
Mr r.. S. Sackvillc West 10 Mr. liayanl \|,„'i ^^ ^^^
Mr. liayar.l to Sir I.. S. Sackvillc Wc-t ,^|,ril 12' kSS-
.^ir I.. S. Sackvillc Wot to Mr. hayanl Inly S," 1SS7
•Mr. liayanl to Sir I.. .S. .sackvillc WcM (with enclosures) liilyii' 18S7
Sir I.. S. Sackville West to .Mr. Hayar.l \u^,„;, ,,' ,J^!.^.
Mr. llayarfl to Sir. I.. .S. Sackville West \i,"i,„ , .' j^^i
Sir I,. S. Sackvillc West to Mr. luyanl '.Zscp.eni^.er 29! ,887
Mr. Bayard to .Sir I . S. .Sackvlle West )ctol.cr 1 1. 1887
Sir I., .s. .Sackville West to Mr. ISayard (with enclosure) ictolw 12. 18S-
Mr. IJayard to .Sir I.. S. .Sackville West October i] 1S8-
Mr. l!ayardto Sir I.. S. Sackville West ( ictober I i" i.SS-
Sir I.. .S. Sackville West to Mr. Dayard , ,e,ober 19' lisSv
Mr. Hayard to Sir I., s, Sackville West , ,c,ol,er 22, i,S87
Sir 1.. S. .Sackville West to Mr. Hayanl (with enclosures) ( ictober 2(>, 18S7
PAI^'P II.
Mr. Poletica to Mr. J. O. Adams (with eiick.sures) Icbruary n i8-"
Mr. J. Q. Adams to Mr. Polctica February 25', 1822
Mr. IViletica to Mr. j. O. Adams j.-,,,,,,,,; ,^^ ^j.^^
Mr. J. (^). Adams to Mr. Poletica Much 30 1S-2
Mr. Poletica to Mr. J. i). Adams ;.;^,3,i, ^[ ^g^^
Parol. Tuyll to Mr. |. (J. .\dams \prji .4, ,,S25
•Mr. J. O. Adams to lianm Tuyll y^^^^. _' ^^^^'l
Mr. J. O. Adams to Mr. .Middlcton. No. 16 (with cnclo.surc) |uly 22^ 182J
Mr. J. (J. Adams to Mr. Rush, No. 70 "[uly 22, 182J
204947
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Ml \li.lill.ini. I.. Mr. J. 1.' .\.lani>. Nc .<5 ^pri' «•>. '^24
Cnnviiiliiiii l>ri«i'cn (Ircat liritiiiii .iml I<ii--i.i. ^iiimd I'i'l)niary 2S, 1S25
i;.ir..n Knnli'iur In Mr. |ii(km> May .?l, l.S,?S
Mr, Dukiiis i<i ll.ir.iii Kru.lnur Jmit-' ,?, iS.^S
Mr. Inrsvili to |:.ir<m !\ru<l.in;r Jiini-' -'4. ''^^.^S
i'..\ruii KiiiilciuT lo .Mr. Inrsvili l"') 1 1, INJS
Mr I ..r>Mli I-, lliin.ii Kiiidi-iicr julv 21, iSjS
|;.in'ii Kiu.kiur i<> Mr |-nr«ytli jiilv J<>. lS,<S
Mr. lorsvlli In Mr. Williii-. Nn, ( iwitli cm losurrl Inly ,;<>. 1>!,)S
Mr \^ill^ill^lll Mr. IV)r><yili. .Nn 14 \\\nh fiuldsiiro) N<ivi-iiilur 2;, iS^5
Ml \\ ill.i!i- 1.. Mr liu^ytli, Nn. i(>(«itli ciuloMirfs) I ii-i-finlur 11. lS<5
Mr. lor.Kvili lo Mr. Hallux. \'>. .; M.iv 4. '^.i7
Mr. Diill.T^ I" Mr Idrsyih, N,.. (. \ut;uM 16, iS^7
Mr. I liillas In Mr l'nr>yili. No. 7 (wiili (.'iiilnMir.-l Scplfiiilicr S, iS;7
Mr. I nr-yih in Mr. I i.ill.i-. Nn. 4 N'nvcmlicr ;,, iS^j
Mr. ii.ilKiNin Mr. I ni^Mh, N,., 15 (wiili (.iiclnsiircsl .Mardi i<), iS^S
Mr. I)al!a>ln Mi. l.ir^uli, Nn i() (wiili I'liclnsiire.'.) Vpril 16, iS^S
Mr. I>,illa>ln Mr. lorsyili. .Nn. 17 1 uitli cnclnMin- ) .May i ;, i,Sj8
.1.1
55
57
5X
I'.Mv'l 111.
Mr. ^I'u.inl \i Mr. ( l,i>, Nn 2-] I icctini'cr 2.^, 1867
Mr. I lay m Mr, .^cwanl. Nn, 175 (with uiiLlnsiiroj Jaiuiary iS, 1.S68
Mr. Scwanl in Mr. ('lay. .Nn. 278 Iihiuar}' 24, lS')8
Mr. t lav In .Mr. Sowanl. Nn 1S5 (will) ciiclnMin.') March 20, 186S
Mr * la) In Mr. Sowanl. Nn n,,, i wiili t-iu Injures) Vujjust 14, 1S68
Mr. >cu:iril iir Vr. 1 lav, Nn, Jns August 51, 1S6S
I '.NK'T \\ .
511. Mi. I ieliMi;iniy'Cii i' Mr. i! liMiaii, .Nn. 120 .wiili ciRlnsuro) March 14, 18S2
<)(). Mr. Ilnliiuaiiin \li IrcliMi^iiuy.-cn, Nn. 207 .Marcii 14, 1SS2
1)1 Mr. 1 Inniiiaii in .Mr. 1 rL-liii^niiy>eii, Nn. 2I I '. March 28, 18S2
n.\ Mr, llnH'iiiaii m Mr. I riliii;^liiiy-.n, N(. 22S ( wuii ciiclnsurci May 22, 1S82
i\\ \lr. linliinaii in \ii-, lMciiii^lui\,-c!i. N... 2^1 ^willl cicln.'^urc-. i jiiiic 14, 1S82
()4. Mr. iiavard in Mr lali, Nn. i; with ciicloMire.- ) March 25, 1SS5
05. Mr. liayard in .Mr. Wiiri-. No. 50. |imc 2S, i8S()
DO. Mr. Ilayani In Mr I nilii. ip. Ni.. 05 1 wiili i m Injure j i 'lh cmlicr 4, l.S8()
'17. Mr. l.oilirnpin Mr. ilasanl. No. 95 i « iiii cm Iomuc i 1 cliiuary 17, iSS;
o.S. Mr. I.olhrnpto Mr. liayard. No. (>(> (with ciiclnsiirc) Icliruary 17. 1S.S7
ni). .Mr. l,nilirn|)tn Mr, liayard, Nn. icm ( with .lu lo-,uri',l March 7, 18S7
70. Mr. l!a\ard In Mr. I mlirnp. Nn, - \ Marcli id, i.'''S7
71. Mr. Hayanl m Mr. 1 nihr.ip. N(r 75 March l(), 18S7
7J. Mr. IniiiK.ptn Mr l'..iyard. Nn. ijii (wiili ciulnvurc-) June 22, 1.SS7
I'.vlv'T \.
7 ;. Mr. I'hclpN In .Mr. Ilduiwcl! March 25, 1S72
7.). Mi. nmuwul] lo .Mr. I'liclji.- April ly, 1872
I'Aur \ I.
75 .'Speech of .Mr. Siiniiicr. I'clivcrcd \))ril y, 1867
.S24
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Manjids of Salisbury to Sir I.. S. Sackz'illc 11 'rs/:-'
FoREir.x OiKici;,
Scptrntbcr 10, fSS'
Siu
l>y a (k'spati Ii ol'llu- ,^olli ( )i tnlicr l.i-^t ( Xo. ji4>tlH' laic I'.ar! of Iddcslcigli
iiistriK tnl yiiu to (.ill the atti'iititm dl' tlit- United States Sft ivtarv ot' State
to thf ( ii( uiistani cs of tlu' sci/un- in lieliring's Sea, by the Anierican ( rui>er
•' ("orwiii," of some liritisli Canadian \issfls: and Flis Lordslii]) dirc( ted
you to stall' to Mr. Sr( retar\ liayard tliat Her Majeslv's (lovcrnment t'elt
sure tiiat it' the iirm I'edin^s uiiii ii were reported to liave tiken plaie in tlie
I nited States |)ir,tri(t ( "owrt were (orreitly desi rihed the I'nited St.ites
(ioverninent woukl admit tlieir ille^'ality, and would cause reasonahle repa-
ration to l)e made to tile liritish suhjeets tor the wrongs to which they liad
lieeii stilijei ted and tor the lo-ses uhi( \, tiiey luul sustained.
r>\ a ]ire\ious despati h of' the 9th Se|)ti'ml)er. Mni had heen desired to
ask to be furnished with any particulars \\hi(h the I'liited States ( iovernnient
might possess relative to the seizures in ipiestion; and on the loth ( »( tober
\i)U were instructed to enter a ])rotest on behalf of Her Majesty's (Iovern-
nient. and reserve for (onsidetation hereatler all rights to coni])ensation.
.\iarl_\- four months having ela|jsed without an\ tlefimte intormation being
furnished by the I nited States (lovernmeiil as to the grounds of the seizures,
my i)rijdece--;or instructed you. on the Sth of June [January?] last, U) e\p!\
to Mr. I'avard the (omern of Her M,iie:>t\'s (Jovernmeiit at the delav, and
to urge the imirediale attention o
f the Inited St.ites (ioverninent to the
a( tioii of the .\meri( an authorities in their treatment of these- vessels and oi
their masters and crews.
( )n the ;d
Febr
uarv
.\Ii
havard mlornuil
\(ai that the record of the
1U(
W
liiird proceedings \\hi(h he had called for was shortly expected to rea(
ishnigton. an(
t b
1 that, with
out
(oinlusion at that lime
anv (luestions
wliK n miLMit he toll
ind t(
involved in these cases of .seizures, orders had
been i.ssued by the President's direction tor the disc ontinnanc e of all pending
liroceedings, the disc harge of the vessels referred to, and the release of all
person
s under arrest in connection therewith.
( )n the .(th
Apr
jiril. under mstnic tions irom me. you ini|ui
red of Mr.
r>a\ard, in view of the approaching t'lshing season in liehring's Sea, whether
the owners of liritish vessels might rely when not near land on being unmo-
lested by the cruisers of the Tnited States, and you again asked when the
recurel oi' the judicial proceedings might be expected.
* l.tft .11 the lic|iarliiiLiii nf Sc.itc by Sir I,. S. Saclcville West, Se^>t. 23, 1887.
M'. i:,i\aril inroniud >•«!. in reply - i^tli April', ili.il tlu |i;ipii> ivtVirnl
ii< li;i(l iv,i(lu(l liiin .mil were U-ing «'X.iiniiu-<l : tli.it tlici-f li.ul lurn uiiavdiil-
iil)lc delay in tV.iining appmpr-.atc ri*i:iil.itioii> ami isMiinj^ (>riKr> to tlii.- I'liilfd
States vc'ssfl.s to polid- tin- .\la>k.in wati.r>; tlut tiu' kr\i->f(| Sl.iiiil(.s nlating
ti) Alaska, sertions n)56 and I'^ji. «.<>titaiiu'(l the laws ol ihr liiiud ^ latos
in Illation to tlu matter, ind that the n-Knlations were Ik in.u ( ouMdired,
and lif would mtorm yoii at the carlaM <lay })ossil)lr what had linii <lc( idcd.
so that liritisli and other vi>»t-U inij.'ht ;:overn tht insdves arc ordin^^ly.
In sirw ot' thr -tateiiients made i»y Mr. liav.ird in his nolc of tlu ^d
Kfl.niar\. 'o wIikIi I have reicrreil above. Her Majest\'s CioMinnKnt
a>siiined liial. penclinu a n»n«liiMon of the disrnssion hetv.een tin lu(t .no\ -
vrniu''U's on iln ^eiu-ral 'I'lt-stuin iii\o!\e(|. no hnlhir similar M'i/ures of
r.riti-n vi sm-1> wonhl he iiadc l»y order ol tin I nited .Slates (lovcrnnienl.
Thev U'arn. ho\\(\er, from the mntents of .Mr. Ilax.ird'-. note of the i^lh
nltiuio. inrlo>ed in \«>iir di"i|«al« h. No, 245, of the 15th nlinno, that such
uas not the nieaniiii; whirh he intended should he attai hed to his (oinnuini-
e;',tion of the v' Kehmarv: and they dee] »ly regret to fmd a jiroof of tlieir
misinieriiretation of the intention^ of the L'niteil .Stales ( loxernnient from
an aiiiionnrement reeently re<eive<l t'roni the rommander-in-i hief of Her
^l.li^^l\■^. iur>al tones in the l'a« ific, that sevend more llritish \tssel> (.•iiLja^ed
in seal hnntinj^ in llehrin^x's Sea have been sei/ed uiien a Ioiil; distain c from
land l>\ an Ameriean revenue ves,'<-l.
iler .Majesty's (lovernment have earefully considered the tran-( ript of
re( ord of the iudiii.il pro<.eeilin{,> in the I'nited St.ites I)i-.Mi( i ('onrt in the
se\eral cases of tlie s< h'-mners •'Carolina." •'(>Muard.'" and ••Thornton."
whi. ii were comtieinii itcfi to yon in Jul), and wer.' traiisiniiled to me in
\oMr despa'cli No. 196 of the I2ih of that month, and the\ i annoi t'md in
tluin any jiistit'ii aiion tor the > mdemnation of those vessels.
The libels of information allege that they were seized for killing tnr-seal
•.\ithMi '.he limits of -Ma- ka Territory and in the waters thereof, in violation
of hellion lu^C) (>f tf.e kevi>ed Statutes of die lidted States: and the
I'ni'eii Slate-- naval ( 'jinn'.arder Abl>ey (eriainly atlinued thai ilie vessels
were seized within the warer^ of Alaska and the Territorxnf .Alaska : but
accordiiiLr to iiis own evidenre. they were seized 75. 115. and 70 miles
re .pel live!;,- souih->outhwe>l ■>{ St. (ieorge'^ Island.
ll is not disputed, therefore, that the seizures in (juestion were elTeded at
a distance from land far in ev< e>s of the limit of maritime jurisdiction,
whii '1 an\ nat'oi i an r bini !>y .nternational law. ,ind it is hanllv necessary
to add iliat ^{icii linut cannot f»e enlarged bv am munii ipal law.
The ( i.Min tiiU' set up a{>i»ear> to be founded on the e\( epiional title said
to have be-n conveyed to the I'nited St, lies by Russia at the time of the
' e.^sioii of the .Maska Territory.
The pretension vvhieh the Rus-ian (ioxernnieiit .it one time put forward
'to e\( liisive jurisdiction over the whole of llehrin:;'s Sea, was, iiowi v( r.
nevi r ad mi lied either bv this. « oumrv or the I nited Slale> of Aim ■.if a. ( )n
the ((iiilraiv. it was strniiiuiisly resisted, .i> I sliall |ircsfntl\ ^Imw. and the
AiiHTican (loviTiimrnt (an hardly « laim lu liavi- ri'i rived trum kll^•^ia riiilUs
vvhii h tlif\ dr( laird 1(1 lir inadniiviMr wlicn assorted li\ tlu' Russian (lov-
i-rniiK-nt. Nor doi-s it apiaar from tlu' tt-vt <tf tlu- Trcatv of isr.y that
Riis>ia cillicr intended nr imriKirted to niaki aii\ snch ^;rant ; ti.r hv Artirlt-
I Ml thai instrument Russia a-rerd to < ede to the Tnited States all tlu-
tfrritorv and dominion then |ios,>essed liy Rus.sia "on ili (oiitinent of
Ameriia and in the adjaceiu islands" within i ertaiii ;;eoma|.hi«al limits
des( ril»ed. and no mention was made of any exclusive right uvcr the waters
of !>ehrinj,''s Sea.
Moreover, whali'ver rights as reijards ilieir respe. tive sulijn tsand < iti/eiis
ma\ he reri|.ro( ally conferred on the Riis>ian and Aineri( an Governments
by 'iVi-aty stipulation, the suhjei ts of Her Majestv < annot he thereliy affec ted.
exrept liv spec iai arran^'einent with this < otmtrv.
With reLrard to llu' i'\(hisi\i' < hiims advam ed in tune, jiast l'\ Russia. 1
transmit to you documents ((unmunicated to the I'nited St.Ue> Congress in
iN2J. which show the view taken l)\ theAineriian (io\ernnunt of these
pretensions.
In iSji the l-aiiperor of Russia had is>ued an edict estaMishinu "Rules
lor the limits of navi^Mtion and order of < c)uuiiunic ation aloiii,' the coast of
the Eastern Silieria. the Northwestern coast of .\meri( a. and the .Meuiian.
Kiirile. and other islands."
'The first section of that edict said: " 'i'he pursuit of c oiiunerce. whaliii"-
and fishin,L;. and of all other industrv on all .>lancls, ]iorts. and L,Milfs,
including; the whole ot' the Northwest coast of America. he^inninL; troin
iiehrin^j's Straits to the 51st degree of northern latitude; also troui the
Aleutian Islands to the eastern coast of Siberia, as well as along the Kurile
Islands from Behring's Straits to the South Cape of the Island of L'rup. vi/..
to the 45" 50' of northern latitude is e\c lusivelv granted to Ku^sian sub-
jects;" and section 2 stated: "It is, llieretore. prohibited to all foreign
vessels not only to land on the coast and islancU belonging to Russiii. as
stated above, but also to approach them within less than 100 Italian miles.
The transgressor's vessel is subject to confiscation, along with the whole
.\ copy of these regulations was officially communicated to the Americ an
Secretary of State by the Russian Minister at Washington on the i ith beb-
riiary, 1822: whereupon Mr. (,)uincy Adams on the 25th of that month,
after informing him that the President of the Inited States had seen with
siu-prise the assertion of .1 territorial c laim on the ])art of Russia, extending
to the 51st degree of north latitude on the American continent, and ;i regula-
tion interdicting to all commercial vessels other than Russian. ui)on the
penalty of seizure and confiscation, the a])i)roac h upon the high se;is within
100 Italian miles of the shores to whic h that < laim was made to applv. went
on to say that it was e\])ec ted befo.e any a< t which should define the
boundarv between the territories of the United States and Russia, llutt the
saiix wiMild li.uc liiTii nrranni'd !>> tnatv lulwiiii the parties, and thai "to
i'x« liuk- till' vi'sstis of Ainrriian < iti/iMs trt»m tin- shdri- /'lyxiiJ f/ir ot;fi>hir\
distant f t(i \vlii( li t«.rrit(irial jiirisdii tinii fMcndrd has (.'xt itrd still ^jnatrr
siir|iris' ■." and Mr. Adams aski'd vvhithtTthi- Russian Minister was aiithor-
i/i-d t(i i,M\c t'\|ilanati(itis nf thi' "^nMiiids ol rif^hi. ii|inii j.riiK i|>lfs f,'cncrally
ro-opni/i-'d liy iIk' huv> and tisaj;i's of nations. \vhi< h i an warrant tlir claims
and ri'unl.nidii^."
'I'lv Rns«.i.in Ministi-r, in his rtply, dati'd the jSth I'llunary, alUr
cApiaininj; Ikinv Russia had a< tpiircd Iut possessions in North Anxrica. said :
"I ou^'ht, in the last phii r. to n.(|ni'sl ymi to (on^idfr, sir. th.it tin- Rns-
sian possessions in the l'a( ific < )(L'an extend on the northwest ( oast ot Aineri( a
froni r.chring's Strait to ilie 51st de^'ree ot' north latitiule. and on the o|)posite
side ol A>ia and the islands a<lja(ent t'roni tin- same strait to ihe 451)1 ile^rir.
The extent of sea i)f whi( h these |)ossessions form the limits comprehends all
ilie (iiiiditions which are ordinarily attached to shut seas ('in.-rs fermees'),
and the Russian (lovernment might consetp'.ently jndge itself aulhori/.ed to
exercise upon this sea the right of sovereignty, and especially that of entirely
intcrdi(ling the entrant e of foreigners; Imt it preferred only asserting its
essential rights without taking advantage of lot alities."
On ihe plh Mar' h M\. \dains repli/d lo the explanations given by the
Russian Minister. He >lated that, with respect to the jiretension advanced
in reg.in! !u tcrril>>i\, it ninsi lie 1 oiisidered not onh with reference lo the
ipiestion ol' ternlori..! rights, hnt also to that prohiliitioii to the vessels of
oti'.cr ii.itKMis, iii< hiding those of the Inited Stales to approach witiiiii 100
Italian miles of the coasts. Tiiat from tlie jicriod of the existence of the
I'lvted States a. an independent nation their vessels had frt'ely n.ivigated these
sea--, the right to navigate them l"'in^ a-part of that indepeiulence; and with
regard to tlu' suggestion that "the Russian (lovernment might have justified
thi' exercise of sovereignty <i\er the I'ac ific ( )cean as a (lose sea. 'becan.se it
claims territorv both on its .American ami .Xsiatit sliores." it mav suffice to sav
that the distance tVom shore to shore on this sea. in la
titndi.
^ I ' north. IS not
less than n:net\ ilegrees of longitude or 4,000 miles." Mr. .\dams coiu liid(.d
as follows: "The President is jjersnaded that the citizens of this Union will
remain unmolested in the prosecution of their lawful ((immerce, and that no
etfect will be given to an interdiction manifestly iinompatible with their
rights."
I'he ( Oir cndon between ihel'mted Static of America and Russia of the
17th \|iril. i.s.v|, put an end to any further ])reten-.ion on the part of Russia
to restrict Jiavigation or fishing in Hehring's Se.i so far as American citizens
were ( oncerii' d : for i>\ .\rti( If 1 it was agreed that in any |)art (jf the (Jreat
Ocean, comnioidy called the Pacific Ocean or South Sea, the resjiective citi-
zens or stibjects of the MiLrh Contracting I'owers shall neither be ilistiirbed
nor n'strained. litlier in na'. ii^ation or fishim/. sa
\ intJ certain restrictions
which are not material to the |(re^(.iu i.ssue ; and a similar stipulation in the
C'oru'ention between tiiis country and Russia in the following vear ( 15th May,
1.S25.) |nit an ttul. a> ri^'ir'ti'l HritisI) siilijccts, Ut ihr prtlc'iisidns of Russia
ti)\vlii(h I liavf ri-fcrn-d. and \vhi( li had ln-cn iMUirol\ rtiMidialid by Her
Majt-sty's (iovirnnifiit in < (irri>-|)()iidcMi( i- willi tin- Kii?.siaii (luMriKmnt in
1S21 and 1.S22, wliii I1 for your nion- parlii ular iiiriirination I iii< lost- litnin.
Ifir Majrsty's (idVfrnnuiit tnl >iiri' tluit. in view ul tin- ronsidcrations
wliii ii I liavf si't fortli in tliis dis|iati h. wlii( h ym will idiiuiuinicatf to Mr.
I'.asard. tlu- (Mivi'rnnicnt ottlir I'niU'd Stales will .wlnnl that tin- -.ei/iire ami
< (iiulcnination ot lluse liritisli vi^els aiid the iiii|in><>nnn.'nt ul' their ma>ters
and «Tt'ws wcri' not warranted liy the ( irt iiin.slaiK ts, and that lliev will lie
ready to afford reasonahle < iinipen^ation to lliDse who have snifered in <iin
se(|iieii( c, and issue immediate iiistru* lions lo their luual uHiiers whi< li will
prevent a re( iirreiire of these re^'reltahle in( idents.
1 am, live.,
_ SALlSHL'kV
No. 2.
5//- A. .V. Sack:'i7/i' ll'tsHo Mr. /iavan/.
.Sir:
WA.MiiMiroN, .SV/A 7// /',/./, /Sci6. [Ret 'd Sept. 2.S.]
1 iiave the honor to infoiin you that Her Majesty's Ciovernment have
received a telegram from the Commander-in-Chief of Her Majesty's naval
fon es on the I'a( ifi<' station resjuM ting the allege*! seizure of three Hntish
Cohimhian seal schooners by the I'nittd States revenue cruiser " Comiu,"
and I am in consequent e instructed to re(|ue.-it lo be liirnished with any partic-
ulars which the United States (iovernment may |)ossess relative to this
occurrence.
I have, iS;c.,
I,. S. SACKVHJ.K WE.ST.
No. 3.
.SV> L. S. Stuk:'i//c IVrs/ to Mr. Bayard.
Washington, Oclolur^i. 1S86. [Rec'dOd. 22.]
Sir:
With referent e to my note of the 27th ultimo retpiesting to be furnished
with any parti( ulars whit h the United States Ciovernment may jiossess relative
to the seizure in the North Pacific waters of three British Columbian seal
s( hooners by the United States revenue cruiser "Corwin," and to which I
am without reply, 1 have the honor to inform voii that 1 an now instructed
by the Karl of Iddesleigh, Her Majesty's jfrint ipal Secretary of State for
Foreign Aff^iirs, to protest in the name of Her Majesty's Government against
such seizure and to reserve all rights to compel, ation.
1 have, &c.,
L. S. SACKVIIJ.r. WKS'J-.
i
No. 4.
Earl of Iddcsleigh lo Sir L. S. Sackville IVcstJ^'
FoKKKiN OincE, Oiti>/>rr JO, 18S6.
hJiK;
Her Majesty's {lovcrninent arc still awaiting a rejiorl on the Rsult of the
ai)pli(ation \vhi( li yon were directed by my despatch No. 181 of the 9th
ultimo tt) make to the (loveriiment of the United States for information in
regard to the reported seizure by the United States revenue i utter "("orwin"
of three Canadian schooners while engaged in the pursuit of seals in Behring's
Sea.
In the meanwhile, further details in regard to these seizures have been
sent to tiiis country, and Her Majesty's (Government now consider it incum-
bent on them to bring to the notice of the United States Government the
facts of the case as tiiey have reached them from British sources.
It appears that the three schooners, named respectively the "Carolina,"
tlie '"Onward," and the "Thornton," were fitted out in N'ittoria, British
Cohnnbia. for the capture of seals in the waters of the Northern Pacific Ocean,
adjacent to \'anconver's Island, Queen Charlotte Islanils, and Alaska.
According to the depositions enclosed herewith from some of the officers
and men.T these vessels were engaged in the cajjture of seals in the open sea,
out of sight of land, when they were taken possession of on or about the ist
August last by the United States revenue cutter "Corwin"— the "Carolina"
in latitude 55° 50' north, longitude 168° 53' west; the "Onward" in latitude
50^ 52' north, longitude 167° 55' west; and the "Thornton" in about the
same latitude and lonLritude.
i'hey were all at a distance of more than 60 miles from the nearest land
at the time of their seizure, and on being cajitured were towed by the "Cor-
win" to ( )unalaska, where they are still detained. The crews of the "Caro-
lina" and ••Thornton." with the exception of the captain and one man on
each vessel detainetl at that [ ut. were, it appears, sent by the steamer "St.
i'Mul" to San Francisco, Cialifornia, and then turned adrift, while the crew
of the "Onward" were kept at Ounalaska.
At the time of their seizure the "Carolina" had 686 sealskins on board,
the ••Thornton " 404, and the "Onward" 900. and these were detained, and
would appear to be still kept at Ounalaska along with the schooners by the
United States authorities.
*\.c\\ at the Department of St.ile tiy Sir L. S. Sackville West. Novenitier 12, i836.
ti. Copy of ,1 letter from Daniel .Munroe, master of the Canadian sealinj; schooner "Onward."
2. Copy ..f .1 Idler from James Ogilvie, master of the C.madian sealinj; schooner " Carolina."
3. Ileposiiicn of J,.hn Oallas, seaman on hoard the " Thornton " : of Thomas Mcl.anlv, cook on hoard
the "Carolina •■ ; of Kd«ard Shields, seaman -.n hoard the " Carolina " : and .if Win, MuMMr, .nvncr of the
"Carolina "—all of the Province of Urilish Columbia.
Acconliiig t.. iiiforinaticjii given in I he .L'„s/.uu/, ;i iiewsiKipor puhlislird
at Sitka, in the Territory of Alaska, and dated the 4tli Septenil.cr. 1.S.S6, it
is reported :
1. riuit the iiuistcr atul iiKitf .,f tlie schooner " rii.,rMl.m - were linm-lu lur iriai l.clure
Judjic Dawson, in the Lnittd States district Court at Sitka, on ilie .^otii Au-u-i last.
2. I'liai tlie .■vidcMCc given hy the odicers of the Init.d States revenue culler "Corwin"
«<ni t.. sliuw that tiie "J-hornlon" was seized while in llehrin-s Sea. alxnit 60 <.r 70 miles
south southeasi of St. ( ieorge Island, for the offense of hunting and Isdlii.- seals within that
part of liehring's Sea which (it was allei,'ed l.y the.//,,./-,,;/ newspaj.er) was eeded t„ ti,c
L'nited States liy Russia in 1867.
3. That the judge in his charge to the jury, after (|Uoiiiig the IM artKic of il,e treaty ^.f ilie
30tli .March, 1S67. hctwcen Kus.ia and the l.niied Slates, in winch the wesiern Loundarv of
.\laska is (K'lined, wenl ..n to say: ".Ml tlie waters within ihe lu.undary -et forth in this
treaty to ihe western end of tlie .\leuiian archipelago and cliaiii of inlands are to he considered
as comprised within the water.-- of .\laska, and all tin penalties jjrescrihed l>y law against the
killing of fur hearing animaN must, therefore, nltacii against any violation of law wiUiin the
limil-. heretofore descrihe<l. If, tlurefore, the jury liclieve from the evidence that tlie defend-
ants hy them-elves, or in conjunction with others, did, on or about the time charged in the
inforniali(.n. kill any otter, mink, marten, sahle, or fur-seal, or other fur-hearing animal or
animals on ihe >hores ..f .Maska or in the I'.ehrings .Sea ea-t of 103=' of west longitude, the
jury should llnd the defendants guiliy, and assess their jmnishment separateh at a line of not
l<-^s than 200 dollars nor more than 1,000 dollars, or ini|)risonmem not more th.ni .■^i^ months,
or hy both such line, within the limits herein set forth, and impri>onment.'
4. Tiiat the jury hrouglu in a verdict of guilty again'^t the pri.soner.s, in accor.lance with
which the master of the " Thornton, " Hans ( iuttounsen. was .-.entenced to imprisonment for
ihiny days, and to pay a tine of 500 dollars; and the in.ate of the "Thornton," .\orm;;n, was
sentenced to imprisonment for thirty d.ays, and to p.ay a line of joo dollars— wiiicli terms of
imprisomnent are ])resumal>ly now being carried into effect.
Ihere is also rea-^on to believe that the ma.sters and mates of the "< inward " and "Caro-
Inia h.Lve since been tried, and senli-nced to undergo penalties -similar to Uio-e now being
intlicled ein the ni.ister and mate of the " riioriiton."
\'()ii will olKscrve, fioni the tact.s given above, that the authorities of the
L nited States appear to lay claini to the sole sovereignty of that ]iart f)f
liehring's Sea lying east of the westerly boundary of Alaska, as defined in the
1st article of the treaty ((included between the l'nited States and Russia in
i,S67, by which Alaska was ceded to the Inited States, and uhieh iiuludes
a stretch of sea extending in its widest part sonic 600 or 700 miles casterl\-
[uesterly?] from the mainland of .Maska.
In stip])ort of this claini, those authorities are alleged to Iia\e iiUerfcred
with the peaceful and lawful occujiatioii i4 Canadian citizens o\\ the hi;>;h
seas, to have taken po.ssession of their slii])s. to have subjected their propcrtv
to forfeiture , .and to have visited upon their persons the indignity of imjirison-
ment
Snch ])roceedings, if correctly reported, would apjiear to have been in
violation of the admitted principles of international law.
I rei|tiest that you will, on the receipt of this de.sjiatch, seek an interview
with Mr. iJayard, and make him acipiainted with the nature of the inforina-
li. u with which Her ]\fajesty's Government have been furnished resjiecting
this matter, and state to him that they do not doubt that, if on inciuiry it
should i)rove to he rovrcc t, the (lovernment of the United States will, with
their well known sense of justice, at once admit the illegality of the proceed-
ings resorted to against the Uritish vessels and the liritish subjects above
mentioned, ami will cause reasonable reparation to be made for the wrongs
to which they have been subjected and for the losses which they have sustained.
Should Mr. bayard desire it, you are authorized to leave with him a copy
of this desixitch.
1 am, i^cc,
IDDKSI.EIGH.
No. 5. .
Mr. Bayard to Sir L. S. Sackville West
DEPART.M.VNT OF StaTE,
Sir:
The delay in my reply to your letters of September 27th and October 21st,
asking for the intormation in my possession con<-erning the seizure by the
United States revenue cutter "Corwin," in the liehring's Sea, of British ves-
sels, for an alleged violation of the laws of the United States in relation to
the Alaskan Seal fisheries, has oeen caused by my waiting t<j receive from the
Treasury Departuient the information you desired. I tender the fact in ajxilogy
for the delay and as the reason for my silence, and repeating what I said ver-
bally to you in our conversation this moruing, 1 am still awaiting full and
authentic reiwrts of tlie judicial trial and judgment in the cases of the seizures
referred to.
^-My application to my colleague, the .Attorney-General, to procure an
authentic report of these proceedingN was promi)tly made, and the delay in
furnishing the report doubtle.ss has arisen from the remoteness of the place of
trial.
So soon as I am enabled, I will convey to >ou the facts as ascertained in
the trial and the ruling> of law as applied by the Court.
I take leave also to acknowledge your communication of the 21st of Octo-
ber informing me that you had been instructed bv the Earl of Iddesleigh, Her
Majesty's prinrii,al Secretary of State t^jr Foreign .Vff^iirs, to protest "^igainst
lie vessels above referred to, and to reserve all rights of com-
lensation.
the seizure o
isa
All ofuhidi ^hall n
eceive respectful consideration.
1 have, ivc.,
I', v. i;\\.\Rl).
Sik:
No. 6.
Sir L. S. Sackvillc Jl rs/ to Mr. Pnixard.
Washin(;ton, AvvW;,v 7, y^^S-^. [Rfc'd boc. S.]
Rofcrring to your not. of the i3th instant [ultimo^] on the sul.ject or the
sczure of Hrms^, vessels in the F.eh,.ng Sea, and pron.su.g to convey to n,e
as soon as poss.ble the facts as ascertained in ,he trial and the rulings of law
as appl.ed by the Court, i have the honour tn state that vessels art now as
usual equippn^g ,n British Columbia for fishing in that sea. Tl>e Canadian
Covernment there ore, in the absence of information, are .lesin.us of ascer-
ua m of Alaska would be exposed to seizure, and Her Majestv's (knernment
at the same tmie would be glad if some assurance would be given that nend-
.ng the sett ement of the question, no such seizures of liraitl , vesse^^ w 1 be
made in JJehnng Sea.
1 have, &c.,
L. s. SACR\'ii LK \\i;sr.
Sir:
No. 7.
Sir L. S. Sackvillc J Vest to Mr. Bavani.
W.ASHiXGio.v, i^th January. 1887. [Re.'d ],m. 10.]
have the honor to inform you that I l,ave received instructions from the
harl of Iddesle.gh, Her Majesty's principal Secretary of State for Foreign
Allairs, again to bnng to your notice the grave representations made by Her
-Majesty s Covernment respecting the seizure of the British vessels " Carolina "
•• O.nvard,- and - Thornton " in Jiehring's Sea bv .he Inited States cnJs^r
••^-orwin. tc which no reply has as yet been received.
On tlic .7th of September last I had the honor to address to vou a note
•n ^vh„ h I stated that Her .Majesty's Government recjuesled to b'e furnish.d
^^'tli an> partuulars whi, h the United States Government might po.ssess
relative to this o( ( urrem e. .- i -•
On the 2ist of October last I had the honor to inform von that I was
instructed by the Karl of Iddesleigh to protest in the name of Her Majestv's
'-vernment against such seizures, and to reserve all rights to compensati,'.,,
n a note dated the ,2th of .November last vou were good enough to
t'XjWam the delay win. h had occurred in answering these. <mu
and on the .same day I had the honor t
nnunications.
bom the Karl of Idd
your hands.
o communicate ic
csleigh a .ojiy of which, at vour
' you a des
re.iuest.
patch
pla. e.l m
lO
On llu- 7tli ulliiiK) I again had thf lienor to address yon, stating tliat
vessels were e(inii)i>ing \n Hritisli ('olnnil)ia for fishing in Ik-liring's Sea, and
tliat the Canadian (lovernment were desirous oi astertaining whether snch
\essels lisliing in the o]>en sea and l)e\nnd tlie territorial waters of Alaska
would lie exposed to seizure, and that Her Majesty's (jovernuient would be
glad it some assurance could be given that pending the settlement ot" tiie
(juestions no su( h seizures of Uritish vessels would be made in liehring's Sea.
Tlu' \es>els in (piestion were seized at a distanc e of mori' than sixty miles
the nearest land at the time of their seizure. The master of the
uirnton " was sentenced to imprisonment for thirtv days, and to pay a
trom
ri
fine of five hundred dollars, and there is reason to believe that the masters
ol' the "Onward" and "Carolina" have been si'iitenc ed to similar penalties.
In Mip|iort ot this claim to jurisdic tion over a stretc h of sea extending in
its widest part some six or seven hundred miles from the maiidand, advanced
liv the judge in his charge to the jur\-, the authorities are alleged to have
iiiterfiTed with the peac eable and lawful occupation of Canadian citizens on
the high seas; to ha\e subjected their ])ro]iert\ to fort'eiture and to have
\ isiied upon their persons the indignitv of imprisonment. Sue h proceedings,
therefore
if correctly reported, appear
to h,
ue been in violation o
f tl
le
admitted jiriiu iples of international law.
Under these circumstances Her Majest\"s (lovernment do not hesitate to
express their concern at not having rec eived am reply to their representations,
nor do they wish to conceal the grave nature whic h the case has thus
a.ssume(l. and to which I am now instructed to call your immediate and
ne> ssarv for me to allude further to the
most serious attention.
It
un
intormation with whic h Her Majestv's Cioverninent have been furnished
resptcting these seizures ot
'.ri
tish
vessels m the open seas, and which for
some time past has been iii the possession of the Cnited States Government
bei ause Her Majest) 's Cioveriiment do not doubt that if. on iiupiiry, it
slioU
Id
in i\ !.■ to lie CO
rrect, the Oovernmeiit of the I'nited States
wil
wi
th
their well known sense of justice, admit the illegalitv of the proceedings
resorted to against the liritish vessels and the British subjec ts above men-
tioned, and will cause reasonable reparation to be made for the wrongs to
whii h the\ lia\e been subjected and for the losses which tliey have sustained.
In ( oiichision. I have t!ie honor again to refer to \our note of the i2tli
of NoMinber hist, and to what you said \erball\- to nie on the same dav.and
to express the hope that the c ause of the delav com|)lained of in answering
the re])resentations of Her Majesty's Co\erninent on this grave and ini]
tant matter mav be speedilv rt'iiioved.
I have, iVc.,
1,. S. SACKVHJ.E WEST.
)or-
II
No. 8.
Mr. Bayard to Sir /. S. Sackvillr West.
Sir;
Dki'akt.mext ok Statf.
\our not. nl the. ,lh instant was r.rnvcd l,v n.. on the next dav an.l 1
regret exreecln,,!, that, althongl, n>y efforts have been dil,.cntlv n to
|..-o.:t.re fr..m Alaska the authentu ate.i . o„ie. of the iuduial J e Z^
the cases of the IJritish \ ' --' ' '^^'""^-^ "
esse Is
to which \
on rele
r. I
have made tiie nrgent and
supcrfluons.
arolina." "Onward." and
should not have l)een able to obtain th
liurnton,
em in time to
renewed application of the Earl of Iddeslei.di
TIh
pressing nature of your not
September 27 last, when 1
e constrains me to inf
received my tirst intimat
orm \-oii that 0:1
question was possible as to the validity of the judicial
ion from \i)u tl
at anv
to.
lost no time in re(|uesting
inv CO
IS — to procure for
whose l)e])art!rient the case
IS would enable me to make full response tc
league, the Aitornev-(
proceedings referred
I en era 1 — in
From week t
o w
eek I have 1
niesuch authentif information
your ai)pli<;itiori.
leen aw
to-
tlay, at my re(juest, the Attornev-C
Oregon, the nearest ti
dite the furnish
ing of the desired paiiers.
■aiting the arrival of the papers, and
eneral has telegraphed to Portland,
in order to expe-
(raph station to Sitka, in Alaska.
You will understand that my wish t(
instructions you have received f
) meet the (juestions involved in tht
liie (
fa( ts.
ielay has been enforced by the absence of
rom _\-our government is averred.
and that
re(|uisite information as to t
ne
1ie distance of the vesst-ls fr
upon their seizure, are unk
■om any land, or thecirciimst
lole, and it is essential t
nown to me save bv the statement
nil es attendant
( >f whatever informat
Kit such fa( ts should be devoid of all
ion nia\ be i
(loNernment J hav(
11 th
■'i in )()iir last
uncertain tv.
)f
ot course, no
k
e ])ossession of Her Majest
\- s
till
s l)e|)artnient of the <
nowledge. or means of knowledge, but
J
■ overnmeiit of the I'nited Stat
m
possession of that accurate informat
isK/ii in a ijuestion which you are certainlv
es has not \et 1
)een
ion whi( h would just
warrantul in
,Mave lUiportance.
if\- Us de-
onsidering to be
slial
diligently endeavor to pro, ure the best
matters in(]uired of, and will m
tiinity of decision is afforded to
evidence possible of the
ake line re>ponse thereupon when the oppijr-
me.
Vou retpiire no assurance that no avoidance of
tions need be apprehended.
I have, iVc.,
our international oblit:a-
T. F. BAVARJ).
12
No. 9.
S/r L. S. Sackvillc West to Mr. Bayard.
Hkitish Lki;.\ti()N. Washinm/ion,
Fclmiary I, iH8j. [Rcc'd Fel). 2.]
Sir:
With icR-rciicf to vour note of the i2tli ultimo. I have the honcMir to in-
lonn \(Mi that under date of tlie 27th ultimo the Mar(|uist)f Salisbury instructs
me to en(|iiire whether the information ami papers relative to the seizure of
the ['.lit i.sh schooners, "Carolina." "Onward" and "Thornton," have
reached the Uniteil States (Government.
I have, (Jirc..
I>. S. SACKVILLE WEST.
No. 10.
Mr. Inxyard to Sir L. S. Sackvillc West.
Dl-PAUrMEN'T OF StATE,
\\ ashin(;ton, Feb. j, j88j.
MR:
I heg to ai knowledge your note of yesterday's date, [Feb. i,?] received
to-day.
L'pon its receipt I made instant application to my colleague, the Attorney-
(ieiieral. in relation to the record of the judicial proceedings in the cases of
the three l>ritish vessels arrested in August last in Behring Sea for violation
of the United States laws re.milating the Alaskan seal fisheries.
1 am informed that the dot innents in (piestion left Sitka on the 26th of
January, ami may be e.\])ected to arrive at Port Townsend, in W'ashington
Terriiorv, about the 7th instant, so that the pai)ers, in the usual course of
mail, sluiuld be received by me widiin a fortnight.
In this ((iniiectioii 1 take oc casion to inform vou that, without conclusion
at thi^ time of any (juestions which ma\ be found to be involved in these
( ases of :iei/,ure. orders have been issued by the President's direction for the
discontinuance of all jK-nding jiroceedings. the discharge of the vessels referred
to, and the release of all i)ersons uniler arrest in connection therewith.
I have. (S:( ..
T. V. BAYARD.
13
No.
1 1,
MK:
S/r L. S. Sackvillc West to Mr. /hivard.
Wasiiincion. Frhnian 4^ itiHj. [Re. 'd IVh. 3.]
[ liaw the honor to a( kiiowlcd^'c thf rc< ci|.t of your note ot tlif ;,(1 instant,
informini,^ nic tiiat without conchision at this time of anv (luestions whicii may
W- tound to he involved in the ( ases ot" seizure of British vessels m 15ehrin>;'s
Sea. orders have been issued. l)y the President's direi tion. for ihe dis( on-
tiniianee of all |)ending jn-oeeedings. the diseharj^e of the vessels referred t.>.
and the release of all persons under arrest in connection therewith.
I havt'. iVc.
I.. S. SACK VII. I, K WEST.
Xo. 12.
Sir L. S. Sackvillc West to Mr. Bayard.
W.\shin(;tox. A/^iil f, /,S'A~. [Re. 'd .\i)ril 4.]
Sir:
In \iew of the aiijiroac liiui; fishiiiy season in I'.ehrinn's Sea and the fittiu"'
I'lit of vessels for fishing operatioiis in thos<' ".aters. F4er Majc stv'^ (iovernment
have requested me to inciuire whether the owners of such vessels may reh on
lieing unmolested by the cruisers of the L'nited States when not near lain!.
Her Majesty's (lovernment also desires to know whether the documents
referred to in your note of the _:;d of February last connected with the seizure
of certain British vessels beyond the three-mile limit and legal proceedings
connected therewith have been received; and I have the honor, therefore,
to reipiest you to be good enough to enable me to re])lv to these in(|uiries on
ill.' part of Her Majesty's (lo\ernment with as little deiav as ]iossible.
1 ha\e. ivc..
L. S. SACKVII.I.K WEST.
SIR:
No. 13.
J/r. Bayard to Sir L. S. Sackvillc West.
DErARTMENT Ol' SlATE,
Washington, ,-//;77 /2, [88~.
I have the honor to acknowleilge your note of the 4th instant relative to
the fisheries in Jk-hring's Sea, and inquiring whether the documents referred
to in my note of February 3d, relating to the cases of seizure in those
14
watiTs of vvssds char^'rd with violating tlu' laws of ihc Unitrd Stat
latiiig thr killing of fiir-srals, had huLii ri'( (.'ivrd.
fs rcgu-
Thr ir( Olds of the judicial proci'cdiiij^s in the lasfsiii the l)i:.(ri(i Coiiit
y rccLMvi'd at this Dcpartiiiciu on Satnrdav
on
in .\la>l<a ixlVrrcd to. \w\v
last, and arc now nndcr examination
'I'h
c remoteness of tiie scene of the fur-seal fisheries and the special
reasurv officials
la'( uliarities of that industry have unavoidably delaved the'!'
in framing appropriate regulations and issuing orders to I'nited States vessels
to p.ilii e the Alaskan waters for ihc protection of the fur-seals from indis-
( riminate slaughter and (di
ise(|ueiit speedy extermination.
The laws of the liiitc-d States in tiiis behalf
ire ( ontained in the Revised
lave lieen m force
Statutes relating to Alaska in Se( tions t()5()-H)-j\, and I
lor upwards of ^e\entein \cars; and prior to the seizures of last
a >ingle infraction is known to ha
ished.
\e oc( inred. and that was
summer hut
irompti)- pnn-
piestion ot instructions to Government vessels in regard to prevent-
ing the indiscriminate kill
will inform \-ou at the earliest (Ia\
Hritish and other vessels visiting t
ing ot tur-si'ais is now
heing < cinsidered, an<
1 I
lios.Mlilc what has \)vvn decided
that
selves ac (-ordinal V.
ng the waters m (piestion (an govern the
m-
I h,
xve,
r. F. I '.AVAR I).
X
(). F
4-
Sir:
S/r /.. .V. Sat'kvi7/c U'csno Mr. Pyavard.
Wash I M ;t()x, /-//,■ ,V. iH8j. [Rec'd July 9.]
Wit'
th
1 retereiK e to your note of the 12th A]iril stating tl
e jiKlicial jiroceedings m the cases of the I'.rit
Sea had 1
ish \esse
)een received. I h;ue tl
lat the records of
s sei/ed m liehriim s
ie honor to inform von that the Mar
alishury has instructed me to recpiest you to I
|Ul:-
w iih a (ojtv
the same for the informati
>e good enough to tnrnish me
on of Her Majesty's (
I h;
rovernment.
ive.
1- S. SACKVII.T.E WEST
'5
\n. 15.
■^/r. /hiynn/ fo Sir L.S. S(ukvi//c JVisL
1)i:i.\kimi:m 01 Staik,
^,„. \^"\>iiiN(;i().\, ////i //. /.v.S-.
CninplyiuKuith tiu. ,v,|iK'st . ontainc.l in \u,n uou- ..f t'lc ,Sth insimt
-•nvcyr.l h. mr niulcr ihr inMrii. tinns of your ( inuTninu.,. I have ihr
hoiu.r 1.. fiKlosf y.Mi tw., printed ,n|,ifs n\ the jiuli.ial pro. ch din-s in thr
I mud Status District C.nrt tor the District of Alaska in the several < ases cf
hlH'l against the s.hn,,ners •• Onward," faroiina." and '•Thornton," tor
kiHinn tiir-seals in Alaskan waters.
Aiiept, iVe.,
T. I'. l!A\AKi).
I'.nclosiire in No. 15. Transcript of record in cases referred to.
Jii IIk irtttttcd Stntcs IHistrict Court
i()i< rm-; i )i>^i-uic'r
<)|- AKAWKA.
TIN': UXIT1:D STATHS. I.lP.lil.L.WT.
Till-: SCIIOOXHR "CAKoiJiXA." \m
TACKiJi, inc.
O/i Lil'c' ' Infoniidtioii
for />ei/!x cnxa.or,/ in
tlii- hiiiiitess of /•///,'>/(,■■
fi/r-sru/ III J/as/ci.
(hi tlic jStft day of Ah oust, /SS6, 7.hxs filed tfw follcKciuo fjM
of Information.
IN I 111. DlSIKler O.IKT Ol- THi; INII 1,1, STATIC Kik THI. l.lSlRiCr Ol' ALASKA.
Ar(.f,Sl .sl'KclAr. IKK.M. xim.
To //it- IIoNOKAKI.K I.AiAVKTTK I )A\V--i IN,
Ji'ti^t' of said I">i>tiiit Court:
Tlie libel of information of M. 1 1. I!all, .Attorney for ihe Inittd States for ilie District of
Alaska, who prosecutes on beiuilf ,.f >ai.l fnite.i .States, and bein^^ present here in Court in his
liroper person, in the name and on beiialf of the said Inited States, uKain.st the schooner
"Carolena," her tackle, ai)pMrel, boats, eari^o and furniture and atjain.si all jiersons intervening
I'T their interest therein, in a cause of forfeiture, alle.ues and informs as follows :
That Charles A. Abbey, an officer in the Revenue Marine .Service of the I nited States and
on special duty in the waters of the District of Al.-uska, iieretofore, to wit, en the first day of
I6
Aii^ii-.!, iSSi), wiiliiii ihf limits of Alaska Territory aii<l in the waters llicrcdf, ami wiiliin tlii'
civil ami jmlicial I tistrict of Alaska, to wit in the waters of iliai [jorlimi nf itclirini^'s Sea heloni;
in;^ to saiti l>istriei, on waters n.ivicaMe fr«'m the sea by vessels nf iiii or iiKire tuns liiinleti,
seized the ship nr vessel commonly called a Schdoner, tlic "Carolenn," her laikle, ajiparel,
lioais. ear^jo ami rurtiiture being eh«- |>ri>|jerty of some person or |)ersons to said Attorney
ind.nown, as forfeited to the use of the L'nited Mates for the following; tauscs;
I liai ilie said vessel was found eii;;aged in killing fur seal witliiii the limits of Alaska Ter
riioiv and in tlie waters thereof, in vk»laiion of sictiort I956 '■''^ •'"-' 'Revised Staiiites of ihe
I'niied Stale-.
And the -aiil Aiiorney saith that all ami nn^ular the premises are and were true and within
the admiralty and maritime jurisdiction of thi' < oiirt: and that \>y reason ihercol, and by force
of the Sialiites of the l'nited Mates in such caHrs made and provided, the aforementioned and
dcscrii'cd schooner or vessel, l>einj; a ve»s<I of over twenty tons burden, her tackle, apparel,
bciats. car^'o and furniture, became and are forfeited to the use of the said I niied Stales, aiul
thai said schooner is now wittiin the I>i-trict afore^r.id.
\\ lieiefore the said Attorney prays that the usual process and inoniiioii of this honorable
( (iiiil issue ill till- behalf, and that all ;)cr*ons interested in the beforenientioncd and dcscribe<l
scho<>ner or vessel may I e cited in };ericral and s|K;cial to answer the premises, and all due pro
eeediiii;s iieiiii; h:id, that the said schcjner or vessel, her tackle, ajiparel, boats, car^'o and fur
niiiire, may for the causes aforesaid, and other* ap])earinj;, be loiidemned by the delinite sen-
lence and decree of this Honorable «Vur;. as forfeited to the use of the said L'nited Stales
according to the form of the Statutes of the sai<i L'nited Stales in such ca.-^e made and provided.
M. H. IIAI.I,,
I '. .v. Pis/. .U/oin,v I'or llir nisi. >'/ .Unskd.
Thcrcitpfii issued fortliwith the folloa'iuo- uiouit'uui .
I)l-ri( 1 I'l .\l A-KA S' 1.
The I'resident of the L'niied s.tntes 10 the Mar-hal ./f tiie I )i>lrict of .\la-ka ;j;iTc;inu; :
Where.is a libel of information hath l*en tiled iii ilie I)isirici (.'oint of the Lniieu State-
lor ihe 1 li-irici of .\!,'-^a. o;i the ;.Sth day of August in the year 1X.S6, by M. I), liall, L'nited
Mal.^ .\tloiiiey Tt (he I »i-tri(.t aforesaid, on '-ehalf of the L'nited States of .America, aL;ainst
tile rchooner '• 1 aroltiia, " her tacklf, a|>|/arel, Ixjais. carj;o and furnituie, as forfeited lo the
use of the Lniied Suui- Tor the rea.s<.>ns and causes in the said libel of information mentioned,
ami prayiny the usual proces.^ and monition of t!ie said * 'ourt in that behalf to be made, and
thai all persons interested in the -w\ -ch'xjncr "Carolena," her tackle, apiiarel, boats, car^o
and funiiuiri etc. may be cited in genera! and special to answer the premises and all (iro-
coediiiLjs beini; had, that the said schfoner " Carolena, " her tackle, apjir.rel, boats, cars^o and
Uiriiitiue may for ilu- e.ni.ses in the said lii.«I of information mentioned be condemned as
forl'eiled Up tiie use of the Lr.iied States.
\'oii are iliercfoie lien 1 a- coinmandtd to attach the said schooner "C'nrolena." her tackle,
apparel, boats, carLjo and furniture, to dctiJn the same in your custody until the further order
of the t omt respecliiii; dit ^aiae.aiid to give notice to all pjersoiis claiiiiini; the same, or know-
in^' or haviiiL; anyiliiiii; to -a*; wliy the same •.liould not i'e condemned and sold pursuant to
the prayer of the said libe! of infonnaiioi . that they be and appear : efore the said ( 'ourt to ) c
liv'ld .11 ai:d for the I ii-irii.! of Alaska, on the 4th day of < klol .a-, tS 16. at to o'clock in t':.;
lorcnooii of the -ame day, if the same -hall 1/e a <lay of iurisdiction, otherwise on the 1 '• .1 day
of jurisdiction thi-reafter, then and there to interpose a claim for the same an<l to make their
allcLialioiis in thai behalf.
17
Aiirl wlial y<m shall have iluiic hi the itrciniscs do you thi-n ami tlaro make return tlicrwf
together with this writ.
Witness the IIonoraKlf Lafayette Dawson, Jud^je of said I'ourt. and tlic seal tlieriof
affixed at the City of Sitka in the Distr'.n of Alaska, this 28th day of Aumist in the
year of < )ur Lord One ThoUMind, citjht liundrrd and eit;lity >ix and of iliu Iniii'peiid
ence of the United States the one hundred and eleventh.
[>rA>.]
ANDREW r. MAVIS,
On the 6th day of September, /SS6, 7eas filed the following
Affldai'it:
IN" I'HK UNITED STATES DISTRICT LOlRr IN AND l-OR THE DISTRICT Ol' ALASKA
UNITED STATES (JK AMERICA.
THE UNMTED STATES OF AMERICA
THE SCHOONER " CAROI.ENA.•■
UNm:Il Statks UK Amt.kica, "I
' s ss.
I
District ok Alaska.
(
C. A. Abbey being duly sworn (kixiscs and says: —
That he is and at all limes hereinmeniioncfl was, a Captain in the I'nitcd States Revenue
Marine, and in Command ol the United Stales Revenue Cutter "Corwiii. "
That affiant and the foUowinjj; named officers and men of said " Cjrwin '" are material and
necessary witnesses for the United States in the above entitled action, to wit:— J. C. Cantwell,
Lieutenant; 'Ihos. .'^inf^leton, seaman; I. U. Rhodes, Lieutenant; 'T. Lorensen, seaman ; and
J. H. Douglass, I'ilol.
That owing lo scarcity of provisions and fuel u[)on sai<l " L'orwin," the said " Corwin " and
deponent and said witnesses will he obliged to, and are about to go to sea within live days,
and out of the district in which the said case is to be tried, and to a greater distance than one
hundred miles from the place of trial of said action before the time of said trial:
That there is urgent necessity for taking the depositions of affiant and '^aid witnes.ses forth-
with.
That James ISlake was the mate of said Schooner at the time of its seizure, and is tiie only
person or ofticer of said Schooner now within the jurisdiction of this Court, or ujjon wlmm
service of notice can be made as affiant is informed and believes.
C. A. Ar.HKV.
Subscribed and sworn to before me this 6th day of Scpten-iber, iSST).
ANDREW T. l.KWIS, tV.;/-.
lg
()// the same day was entered the folUKviu^^ order :
IN I III M \ II I K iM I III I M I I h s| \ ||>
M llcii'M K " llloKNKtN," lane Nn. vl
■■( \K(t|.INA,' •• SI
i\\\ \KI>, ■ ■' V,.
•■> \S l>ll <;i»," '< jg.
Ill till- ill dm: tii!illc<l acliuii!. ur;;cnl ii(.'i.i'«-il\ niul ^;(hk1 Ciuisc apiuaiiii^ tluTLl'iir fi.mi llic
alt'ulavils of i '. A. Ahlicy, now. mi iniilioii of M. 1 1. liall, I'liilfil Slates hixiiict Aitoriu-y for
Alaska, ami ( ■■iiii«cl for llic I nilcd Slates licreiii, it is unlcrcd thai llic ilf|i<isili(iiis of the
wiimssfs <'. A. Ahlny, J. \V. Ilnwisoii, |. ('. Cantweli, |. l'. Uiioilcs, j. II. I loiij^lass, ('. I'.
Win-low, \]l.(it I.iaf, t '. Williflni, 'I'lms. .Siii^;k'ioii ami \. Lorciiseii lie taken licfori' the
I !iil- ipf the •'aid ! »isiri(.l Couri on 'riiosiiay liio 7tii day of Se|)temlit'r, iSS'i, at Jo'ijock
|i. 111. or as sooii thereafter as liie matter can ln' reaclied at the oliuu of -.aid ( lerk at Sitka,
.\l.i.-ka, .mil if not LdiiipKlcd on ».iid eveiiinj;, then the taking; of said d( |lo-itioll^ to lie con
iMiucd |iy ■'aid (lerk, lioiii time to time iiiilil eoin|ileU'c|. Tliat iioliie of tiie iniie .iiid jilaee
of lakinj; sail! depoviiioi,.; he served liy the M.iisli.il of >aid i li-lriit on I laiis ' ailtorinsen,
'■lines Itlake, 1 i.iiiiel Muiiroe and i luules \\. Kayiior, and ii|miii W . ( lark 1>'|., Aiiijnity at
1 aw , on or hefore Septeinlier 7tli at 12 in. and that «iu'li shall he due and suilieient and
reasonaMe iiotiee of the taking; of said depositions.
1 )oiie in (r|ien i oiiii llii>. (ilh d,iv of Se|ilenilier, iSSd, now at llii« time
\\ . (kirk l'.si|. leint; present in Court waives service of notiee,
On the jth day of Septen/f)er, iSS6, loas filed the I'olUnving
notiee and return the)-eof: —
IN in I INI 11 11 .si A 1 i:s Ills IKU irdt U I . 1\ .\Nli 1(1 k I III HIM K 11 I til ALASKA,
I'MIKI) .si A! I.S ni .\.Mi:kU.A.
1 III-. rMTFI> STAIKS
ini- SI IKioNKK "CAROLKNA."
To James iilake i;reetinf;: ^'on are notiiied tliat liyorderof Lafayette hawson, huh^e of
.said District Court, that the depo-itions of C. .\. .Mihey, j. C. Cantweli, J. L'. Khodes and J.
II. 1 >oiiL;la-s, will be taken hefore the Clerk cf s.iid liiMrict Court at his ( )llice at Sitka in said
l)i-tricl on Tuesday, Seplcmher 71I1, 1SS6, at 7 o'clock p. m., or as soon thereafter as the
matter can le reached, and if not completed on said eveniiiL;, the taking of said deposilion.s
will he continued by said (lerk from time to time until C()mi)leted.
Paled S.intmlur 7ih. 1SS6. ANDKI'.W T. I.IAVIS,
Clerk.
CmH |i SlAil..- M|. .\MI.KIiA, 1 _
DisTRU I 111 .\l.\>KA. i ■'*■
This is to certify that on the 7th <lay of Siptemliei, 1.S.S6, before 12 o'clock noon of that
ilr.y, 1 served the annexed notice on the within named James I'lakc, at Sitka, I )istrict of
.\hiska, by then and there personally deliverinj^ to said James Hlake a copy of said notice.
And then anil there ^ave him the privi!ei;eof beiny; present at the taking of said depositions.
I lated September ijth, iSSb.
liARTOX .\rKI\S,
/, . S. iVurs/icil.
>9
( hi the (;f/i ihiy of Sifhnibcr, iS^6, were filed the follo-cing
itcposititnis: —
IN I III. I'M IKli MAILS IH^TKUr ( (ilK r. IN ANh Ink I III I 'Is | UH r ( ir AIA.-KA.
IMI 111 >l AII-S 1)1 AMI kICA.
IHK UNITED STATKS OF AMI kRA I
T'*. V A'o SI.
THK SCH()<)NKR "CAROLENA."
I 'epositions of \Vitiii'»'<cs swiirn and cNaiiiiiuMl lid'nrc iiic on tlic 71I1 day of Septctnt>er,
A. |). iS.SCt, at 7 o'clock j). m. of i.iid day and on >ciiiiMnl'er Sili and (>tli, iSSf). tticrcnftcr,
at the CltrkN ottid- of >anl Coiirt in Sitka, l)i^tricl of Alaska, I niti'd '^talcs of America, hy
\iilnc and in |iiir-iiancc of ilic order of saiil Court, made and iiitered in the aliove entitled
action on Stptenilier fdh, iSN^), directing' tiiat the ttsliinonv and ile|iosition^ of -aid witnesses
lie taken heforc nie at ■•aifl lir>t nu'ntione<l time and phKeandat siirli siiliseniient tinvs as the
taking; of tlic same mi^hl l)e continued to hy me, in said action tlirn am', there pending in
»nid I)istrict < 'onrt i'etwecn tlie rniteij Slate^ as plaintill and tin' Sctioo ler " ("aroleiia" as
defendant, on hehalf of and at tlie instance of the said piaintilV, tiie I'niti'd Stales, and upon
notice of the time and phtce o." takinj; of said depositions, si" ed iii>'"'. James HIakc, the
mate of said Schooner, hi- iHin^' the oidy olfux-r of said Scliooiur "ipon wiiom service could
lie made, and upon W. (lark F,s(i liis Attorney, the owners of said Schooner iiein^; unknr.wn
and withoi'f the jurisdiction of this t'ourt.
('a])taiii < '. A. Atihey heinj; (Kily sworn deposes and says: —
<,>. State your name an<i occupation.
A. Captain < '. .\. .\i<iiey, in the I'nitcd States Revenue .Marine Service, ati>rrsent incrm-
inand of the V. S. Revenue Ste.imer "Corwin" on sjiecial duty in .Alaskan waters, for the
protection of the S<'al islands and of the ( ioverimient interests in .\laska (generally.
(J. What were you doinj; and wliat occurred on the 1st of .Vuf^ust last in tht; line of your
duty?
.\. Cruising in l!el)rin.i; Sea about 75 miles soiith-soutlieast from St. ( ;ef>rp;e's island and
I found the iiriii^h Schooner "Carolena" of X'icloria, 1>. '., driftini; with sails down. Her
1 mats were absent and she wa.s evidently a sealer. I saw 'lead seal lyin^J upon her forward
deck. ini|uired of the schooner in which direction her iioat-. were.
I then ordered her to be sei/ed by I .ieui. Canlwell for killin;.^ fur seal in the waters ol
.\laska, took her in low and proceeded to hunt np her boats, all four rif which 1 found with
freshly killed fur ^eal in them, arms, annnunition and hunters, some of whom I saw shooting
at the seal in the water. These boats all went on iioard the "Carolena."' ( 'n this evidence
1 caused the vessel tf) be seized by l.ieut. < anlwell, 1 took her in tow and proceeded with Iter
to < )unalaska where I jjlaced the vessel, tackK . car};o. furniture r.iid apjiurtenaiues in cliarge
of Deputy I'. S. .Marshal Isaac .\nderson of Hnnalaska; the cargo of lur seal skins bein^^
stored in " Keuch," in one of the warehouses of the .Alaska Commercial t'ompany and inider
seal. The arms and anmnniition (jf this \essel 1 look on board the "Corwin'" and brought to
Sitka and delivered into the custody of the V . S. Marshd there.
The vessel tackle, furniture ar ' cargo are now in the custody of the V . S. Marshal of
this I)istrict.
(^). Was this the vessel against V- .ich this libel of information is tiled?
A. It is.
20
Q. Did tliis all "cur witliiii tlic waters nf Aliiskii and the 'rcrriloiv of AlasUa and witliin
the jmisdicliciu of this Cdiirt? y
A. It (lid. «
(,). Dili this occur wilhm tl:c waters of the Sea na\i};al)lc for vessels of ten (lo) (ftn.s
burden or over?
A. It did.
r. A. AHDKV.
Sul'srril.od and sworn to before me this Qth day of September,
A. 1). iSS6, after having been read over by me to deponent.
ANDREW T. I.IAVIS,
CUrk.
I.ieiuen.ini John ('. ( antwell bein^' duly sworn deposes and says: —
<,i. Si.Ue your nana- o( cu])ation and at,'e.
A. jfilin • '. (ant well, ^d l.ieulenanl, I . .S. I<e\enue Marine Service, at present (jn cbily
on tin L . s. Ke\enue Steamer "Corwin" and o\er the a,L;e of twenty une years.
(J. W ere y(Ai so on the 1st day of August last ?
.\. 1 was.
i,>. Stale what occurred on that day in the line of your duty.
\. A schooner was siL^iued I'rom the "Corwin" ^\\A I was directed by ('apt. .Abbey to
board hiT. I found her to be the Schooner ''Carolena of \ictoria, I!. (J. lames ( )y;ilvie,
I aptain and James lilake, Male. I saw dead seal upon her deck and the (.'ai)tain admitted
that he was eni,'aL;ed in takini; seal and tiiat four of the Schooner's boats were at the lime
ai'sent from the vessel en!;a!.;ed in killing' seals. [ sij,maled this fact to ( 'a])t. .\bbcy and he
(lirecied me lo seize the vessel which I did and the ■'Corwin" tocjk us in tow,
I J. I)'] you recot;ni/.e these j)a])ers.-'
A. I do. '1 iiis paper marked (K,\. "i") is the cerliticate of •■o^Msir_\- of the Schooner
"C-'arolena," of \icloria i!. C. [Said i;r/i/K<i(e is ilatal M,ir,/i j/.</, iS/<\ ,ni,/ i;-pi;\<nils
itiid Sthc'ih-r <i^ ,/';/oii A/.',-, burden ivul ini<)i,',l hv l-'iaiich .\riintr,in:^ ,i/ lli/inia, A. ('.)
This pap'ir marked ( I'.x, "J ") is the bill of heahh of >aid schooner. {S,ii,i hill of lieu II h is
ilaled III I'itiorii, l>. ('. [Miiy n)lli /SS6 and >r/>ri'si'iils stiid Si/icii/irr " ('<ir,'l,iiii'' us lluii
ready to depart j, r HelirliiL,^ Sea and Okhotsk Sea and other plaees leyuiid the Sea, loith. Jam, s
OJiTie, Master, and el, :-en persons ineliidini; .uiid Master.) This paper marked ( V.\. " K "')
is the coastins^ license of -^aid schooner. (Said lieense is in the usual foriiijo fames O^^ilrie,
Madcr ,f the Sehoon. r •' ('arol, iia." dated at I'ietori.i, /I. ('., i-'eh. ;f>lh iS.S(>, and in terms
expires on the jot/i il.yv of June /SS(:i I'hi.-, jjaper marked (\'.\. "1.") is the Clearance of
-aid Schooner. \Saia' elearanec is J'or said 'ehooner as .'/_,'/<?" tons, nari-dted -oith eleven
men, James if'ilr'ie. Master, hound for Paeilie Oeean, Ihhrini^ Sea and Okhotsk Sea, on a
lishin- ana' hunting vovavr, and is dated at I'letoria, H. C, May rgth rSSt>.) .\11 of which
papers were found on board of the "Carolena" at the time (jf seizure and taken pos>e.-sion of
by me.
<J. Slate how mat:y men the "(;arolcna" had on iioard as crew when seized?
.\. Tliirteen or fourteen.
(J. State whether ihis is a rca.sonalile number of nun for ordinary purposes of commerce
and na\iL;ation.
A. It is an unusually lar-e number lor tliat |iur|)ose on a vessel of that size.
JOIIX C. C.\N TWKI.l.,
jd /.lent. r. S. A'. ,1/.
Sub.scribed and sworn to liefore me this ylli day of .Se|)leinber,
A. D, iSS6, after havinti been read over by me to de))onent.
['^''^'••1 ANDKIAV T. MAVIS,
Clerk I '. S. IHst. ( 'o/irt.
I
21
John U. Rhodes hcinij duly sworn deposes and savs:
<J. Slate your name, ai,'e and occuijation
A. John V. Rhodes, I.ieut. U. S. Revenue Marine and at i^rescnt on duly (.n ihe L'. S.
Re*'enuc Steamer "Corwin" and over the a^'<- of 21 years.
',». State what arms and ammunition were seized on the Schooner " Carolena" al the time
of her seizure.
A. 4 Rifles
1 .Musket.
5 Shot i^'uiis
171 Shot ^un cartridt;es
353 Killc c'arlridf^es.
14J jiafjs buck-shot
^ liag of bullets
40 Hajjs of wads
21 ito.xes wads
13 " [iriiners
if, " of ca|)s
()I lbs. powder
n, Were there any nautical instruments .sei xd on the "Carolena'' except what is included
in the Ljeneral inventory?
A. I ( )ctant.
I (Quadrant.
Q. What has become of this property?
A. It has all been delivered to the L'. S. Marshal at Sitka and is now in his custody.
JOHN U. RHODES.
Subscribed and sworn to before me this 9th day (jf SeiHember,
\. I). i8Sf), after having been read over by me to dei' .lent.
[■^i'\i-] . ' . :^NI)Ri;\V T. I.I':WIS,
(7rr/,- C. .V. /)/s/. Coiirl.
J. H. I)f)u^dass bt'in^' duly sworn deposes and says: —
Q. State your name, a^e and occupation.
A. J. 1 1. I)ouj,dass, am over the a},'e of 21 years, am a Pilot in the Revenue Marine Service
of the U. S. and have been .so for 7 years last [last. I am now, and on the llrst of August 1S86,
was, I'ilot on '.lie Revenue Steamer "Corwin."
(^). State what experience you ha\e had in the fur .sealini,^ business and your knowledj^e of
the habits of the fur seal
A. I have been cruising for more than 15 years off and on in .\laskan waters always as an
olficer or pilot and have visited tlie I'ribyloff Islands, St. I'aul and Si. ( ieor^e, several iiundred
limes and am perfectly f.imi liar with ihe sealing,' business as conducted (jn those islands and
understand th mi^raiini,' haiiit, of the fur seal. From about the 1st of May to about the isi
of July of each year ;he fur seal is niij^ratin^' north throu^jh the Lniinak and .\kutan jiasses
to these islands for b. ceding; purposes. They go to no other place in the known world except
these inlands ;.'id ( opper Island for breeding purposes. After the breeding sea.son of about a
month they begin to migrate soiiih and until intu .Ndvember of each year are migrating south
thrtiugh liehring Sea. l)uring ihis season from May till .November the fur seal are plenty i.i
the waters adjacent to ihe I'ribyloff islands and are migrating to and from these islands and
are at all limits very plenty between Inimak jjass and said islands in a track about 30 miles
wide which scemS to be their highway to and from said islands. The Schooner "Carolena"
and her boats when seized were directly in this track. I was present at time of seizure.
J. H. DOUCLASS.
Subscribed and sworn to before me tljis 9th day of September,
A. I). 18S6, after having been read over by me to deponent.
[sK.Ai..] ANDRFAV T. LKWIS,
Chrk U. S. Dist. dnirt.
22
1
Thomas Sini;leton being duly sworn deposes and says:
(). State your name, age, and occupation.
A. Tliomas Singleton, am over the age of 21 years, and am a seaman. Was employed on
the Steamer "C'orwin" on llie i.-^t day of August 18S6 when the "Carolena" was seized. I
was sent on board the "Carolena" right after the seizure and saw a immher of dead fur seal
on deck and some of them had fur on them. Saw also some fresh fur seal skins in the boats.
THOMAS SINGLETON.
Subscribed and sworn to before me this 8lh day of September,
1886 after having been read over by me to deponent.
[SKAL.]
ANDREW T. LEWIS,
C/eri U. S. Dist. Court.
IN THK UMTKI) SI ATKS IJIS fRICT COURT I\ .VN'l) FOR THE DISTRICT OK ALASKA,
I'MTF.l) STATKS OF AMERICA.
THF. UNITKI) STATES
vs.
THE SCHOONER "CAROLENA."
l.
51-
I*
Whereas on the 6tli ilay of I )ecember, 1 886, the .said District Comt duly made and entered
in the journ.\l of said Court an order in the above entitled action directing that the testimony
and (lei)osiiioMS of the witnesses: C. .\. Abbey, J. C. Cantwell, J. U. Rhodes, J. 11. Douglass
and Thouia.- Singleton be taken before mo, the Clerk of said Court, at the time or times and
place and U[)nn such notice ns are specified in said order :
A'lW ///ivvyiiri' tins is to certify: — That in pursuance of said order, on September 7th, 1886,
at 7 o'clock p. m.. each and all of the aiiove-nami'd witnesses apjiear- 1 before me at the
Clerk's oliice of s.iid Cnurt at .Sitka, I )istrict of Alaska, L'nited States i. .America; Tliat M.
D. Hall Ks(|. Dist. .Vtloniey of sai<l (.'ourl and District and W. 11. I'ayson Escj. aj)peared then
and there on behalf of and as attorneys and proctors for the l'nited .States, the l.ibellant
herein; and W. (lark l-"si|. then and there appcarcfl on behalf of and as attorney and proctor
for the said Schooner and her owners; and |anics ISIake then and there appeared in [uirsuance
of fiotice >-ervL(l upon him.
Tliat I wa^ unable to conijilete the taking of said dejOTsitions on said 7th day of September
1886, and 1 continued the taking thereof on the Sih and gtli of September 1886, and com-
pleted the same on said last named day. That the said [)arties by their said .\ttorneys and
proctors then ana tiiere appeared and were jiresent on each of said last named days and at all
times during the taking of said depositions. That each of said witnesses was then and there
tirst duly cautioned and sworn by me, that 'he evidence he should give in said action, should
be the truth, the wlmlr tnuli, and nntlnng hut the trmh, and thereafter each of said witnesses
was then and there examined liefore me, and 1 then and there took down the statement and
fesiiniony of each of ^ai'' ^v itne'^ses, and reduced the same to wri ing in his presence, and
then and I'.u re read the >anie over to him ; and he then and there, after the same had been
so reduced to writing and read over to him, subscribed the same in my [iresence, and swore
to the truth thereof.
In witness whereof 1 have heri unto set my hand and the seal of said District Court
this oili d.iy of September, 1886.
[sKAi..] AVnUEW r. LEWIS,
CUrk cj the V. S. Dittriet L\'tiri in end for the Distriet of Alaska,
i'iiite</ States of Ameriea.
23
On September 2oth iSS6 loas filed the folUncino- .Inieuded Libel
of Iiiformatio)i : —
IN THK I'MTKIJ STATKS DISTRICT COURT IN AND FOK TIIK DIS-rKU:! OF ALASK; .
UNri'El) STATES (JF AMKKICA.
th, 1886,
lie at the
Ihat M.
ared then
iliellaiit
proctor
rsuance
id ( 'ouit
Auy;ust Special Tenii, l88o.
7',) ///,■ IIi).NOKAI;l.l. I.AI AVl.TTi: I)A\V.-,uN,
Jud^^e 0/ said Distnct Courl.
The amended libel of information of M. 1). liall, Attorney for the L'nited States, for the
District of Alaska, who prosecutes on hehalf of said United States and Ixmiil; ]iresetit here in
Court in his own proper person, in thr name and on hclialf of tae said L'nited States, allews
and informs as follows, to wIl: —
That C. A. Ahhey, an ollicer in the Re\eiuie Marine Service of the United States, duly
commissioned by the President of the L'nited States, in cominand of the United States Revenue
Cutter "Corwin," and now on special duty in the waters of the District of Alaska, heretofc re,
to wit on the 1st day of Auf^ust 1S86 within the liniil.i of Alaska Territory, and in the waters
thereof, and within the Civil and judicial District of Alaska, to wit, within tiie waters of that
|)ortion of Heliring Sea belonijiiig to the United States and said District, on waters navii;able
from the sea i)y vessels of ten or more tons burden, seized the Schooner "Carolena." her tackle,
apparel, boats, cargo and furniture, being the property of some person or pciions unknriwii to
said Attorney. The said property is more particularly described as i'cillows, to wit: —
I Schooner " Carolena" of N'ictoria, I!. < '., 4 canoes, I yawl, carpenter's tools, cltick, chron-
ometer, nautical instruments, sails and running gear. 2 anchors, ropes, twine, oars, paddles,
rowlocks, \c., lamps, tanks, provisions, 685 fur seal skins, 12 pup seal skins, I hair seal skin,
4 ritles, 5 shot guns, and ammunition for same, and all other property tound upon or ajsiiurten-
ant to said Schooner.
That said C. \. .\bbey was then and there duly commissioned and .lutliorized by the [iroper
Department of the United States to make said seizure.
That all of said property was then and there seized as forfeited to the United States for
the following causes : —
That said vessel, her captain, olticers and crew were then and there found engaged in killing
fur seals within the limits of .Alaska T'erritory and in the waters thereof, in violation of Section
1956 of the Revised Statutes of the United States.
That all the said property, after being seized as aforesaid, wa.-> brought into the port of
(.'unalaskrt in said Territory, and delivered into the keeping of Isaac .Vnderson, a Deputy L'.
S. Marshal of this District, with the exception of the said nrms and ammunition, which latter
were brought into the port of Sitka in said District, and turned over to the U. S. .Marshal of
this District and all of said property is now within the judicial District of .Maska, United
States of .\merica.
.■\nd the said M. D. l!all, .\ttorney as aforesaid, further informs and alleges: —
That on the 1st day of .\ugust, 1S80, James I'.iake and certain other i)ersons whose names
are to said U. S. .Attorney unknown, who were then and there engaged on board of the said
schooner "Carolena " under the direction and by the authority of James ( )gilvie, then and
there Master of said Sclux.uier, engaged in killing and did kill, in tiie T'errilory and 1 »istrict of
.\l.iska, ami in the waters thereof, to wit, 20 fur seals, in \ iolation of Section io5() of the
Revised Statute^ of the United Slates, in such cases made and provided.
That the said 685 fur seal skins, 12 pup seal skins and I iiair seal skin, and other goods
so seized on board of said Schooner "Carolena" constituted the cargo ol .^aid Schooner at the
time of the killing of said fur seals, and at the time of said seizure.
m
And said AUorncy saith that all ami singular the premises were and arc true and wUhin
the Ailiniraltv and Marilinie Jurisdiction of the I'nited States, and of this IIonoraMe Court,
and that by reason thereof, and by force of the .Statutes in such cases made am' provided, the
aforementioned Schooner, \)c\ng a vessel of over 20 tons burden, and her said tackle, apparel,
iioats, cari^o and furnitun;, became and are forfeited to the use of the United States.
\Vlierefore the said .\ttorney prays that the usual ])rocess ami monition of this I lonorable
Court issue in this jjehalf against said Schooner and all said hereinbefore described property
to enforce the forfeiture (hereof, and requiring notice to be given to all persons to appear and
show ear se, on the return day of said process why said forfeiture should not be decreed; and
that after due jiroceedings are had, all of said property be adjudged, decreed and condemned
as lorfeiteil to the use of the United States; and for such other relief as may i)e proper in the
premises.
JJated Sepiemlicr 2cth, I.S86,
M. I). ISALL,
LL S. nisi. Attontey for the District •■/ Ahuka.
On the same day zoas filed the folhnoing claim by Proctor
for ozuners:
IN THE VNITEU STATES DISTRICT COURT TOR THE DISTRICT OF ALASKA.
In Adiniraltv.
In the matin- of the Libel of Lifo/i/ia-
tioii a:;aiiist the Si-Jioo/irr • ' Carole net ' '
her taekle, afpa>el, fitnuture and
car^o.
C/ai/n by Proctor for Owners.
And now W. Clark the duly authorized I'roctor for Munzie & Co. owners of the property
above named, intervening for the interest of the said Mun/ie .^ Co. of Victoria, ]!. C, owners
of the said Schooner •■ Carolena," her tackle, apparel, lurnilure and cargo as set forth in the
libel of information herein, ajipears before this Honorable Court and makes claim to the said
Schooner " Carolena," iier lackle, appar.l, cargo and fmnilure, as set forth in the said libel of
nilormation and as the -anie are attached by the .Mar>lK.I under process of this Court at the
instance of M. 1'. I!all K..,,. L'. S. I )ist. .\ttorney for the District of Alaska.
And the sai.l \V. Clark, Troctoras aforesai.l, a.vers that the said Mun/ie .S; Co. were in pos-
ses>i,,n of the ~,nid Schooner "Carolena-' at the time of the attachment thereof and th.at the
said .Mun/ie .S: Co. above named are the true and /'oimf.te owners of the said .Schooner "Car-
olena" her tackle, ai)parel, carg,. and furniture as seized by the .Marshal as af..re.said and that
no other per.-on is the owner thereot.
Wlniefure he prays to defend aeeordiiigly.
W. CLARK.
\\. ( I.AKK \ I). A. DlNllIIV,
J'liHtioi jvr Ctainitiiits.
25
On I he same day ivas filed the following denmrrei' :
IN THK UNITED STATICS DISTRICT COURT KOR THE DISTRICT OF ALASKA.
UNITED STATES
MUXZIE Sc CO. AND SCHOONER
' CARO-
> / h-iiiurrrr.
LENA."
The demurrer of Munzie ^: Co., claimants of the property proceeded against in the above
cause, to the amended information tiled herein.
1st. The said claimant hy protestation, not confessing all or any of the matters, in said
amended information contained, to he true, demurs thereto and says that the said matters in
manner and form, as the same are in said information stated and set forth, are not sufficient in
law for the L'nited States to have and maintain their said action for the forfeiture of the proijcrtv
aforesaid.
2d. The said Claimants by protestation deny that this Court ha.s jurisdiction to determine
or try the question hereby put in issue.
3d. And that said Claimants are not bound in law to answer the same.
Wherefore the said Claimants pray that the said information may be dismissed with costs.
W. CI.ARK .V L). A. DINGLEV,
Proctors for Claimants.
Which iiias oi'errtdcd by the Court.
On the same day was filed the /allowing answer .
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA.
UNITED STATES
vs.
MUNZIE & CO. AND SCHOONER "CARO-
LENA."
> AitS'-.ver.
The answer of .\Iun/Je lV Co., owners and claimants of the said .Schooner" Carolena," her
tackle, apparel, furniture and cargo, as the same are set forth in the information filed herein
in behalf of the United States.
And now come Munzie iV Co., Claimants as aforesaid, and for answer to said information
against the said Schooner "Carolena," her tackle, apparel and cargo as set forth in said infor-
mation say that the said tackle, apparel and cargo as set forth in the information mentioned,
did not nor did any part thereof become forfeited in manner and form as in said information
in that behalf alleged, or at all.
Wherefore, the said Claimants pray that said information be dismissed with costs to these
claimants attached.
W. CLARK ^1 D. A. DINGLEY,
Proctors for C/niiiutnts.
26
0)1 the 227id day of September, /SS6, loere filed t/ie follinving
exeeptiiUis to aHS70cr: —
UMTKIi SIATKS DISIKICT COURT, DISTRICT OV ALASKA, CXITED SIATKS OK
AMERICA.
UNITKD STATES
vs.
THE SCHOONER "CAROLENA."
I
No. Si.
'1 he said LiliellaiU herehy excepts to the .siiltkicney of tlie defendants' answer herein, on
the fullowing grounds: —
1st. Said answer is not properly or at all verilied as required liy Rule 27 of the U. S.
Admiralty rules ;
2nd. Said answer is not full, explicit or distinct to each or any allegation of the libel
herein, as required by said rule ,
3r(l. Said answer does not deny or admit any of the allegations of fact in said libel, but
merely denies a conclusion of law.
September 2ist, 1SS6.
M. D. BALL \ \V. 1 1. TAYSON,
Proctors for Lihcllant.
]]liieJi exeeptions loere sustained by the Court, and on the same
day 7^'as pled the folloicnno- amended answer : —
IN THE UNT TKI) STATES DISTRICT COURT FOR THE IHSTRICT OF ALASKA.
UNITED STATES
vs.
MUXZIK S; CO. AND SCHCJONER "CARO-
LENA."
^ Ainendi'd Ans'ver.
In Admiralty.
/]' ///(■ lIuNORAlil.E LaKAYKTTK DaWSON,
///</;'(' (////(' r. .S". District Cotirt
for tlic District of .Maska.
James ISlake, the duly authorized mate of the Schooner "Carolena," for Munzie i!v; Co.,
intervening in the interest of and on behalf of said Munzie ^: Co., owners and claimants of
said Schooner " Carolena," her tackle, a])parel, furniture and cargo .""or amended answer to
the libel of information herein against said Sthuoner, her tackle, apparel, furniture and cargo
alleges as follows ; —
1st. That he denies each and every material allegation in said libel of information contained;
2n(l. 1 lenies tliat the said Schooner " Carolena," her tackle, apparel, furniture, and cargo,
and the jiroperty appertaining thereto as set forth in said libel of information or any part thereof
became forfeited to the I'nited Stales;
,^rd. i )enies that said Scliooner, her Captain, officers and crew or any one of them were
found engaged in killing fur seal within the limits of .Maska Territory and within the waters
tlureof in violation of section 1956 of 'he Revised Statutes of the United .States as set forth in
said libel of information or at all;
27
4tli. Denies that they killed any number of fur seal or other fur iiearing animals within
ilif waters of Alaska or within said Territory of Alaska or in any part tiiereof
5th. That all and singului the premises herein set forth are true.
Wherefore he prays that this Honorable Court will be pleased to pronounce against the
liliel herein and that the same may be dismissed with costs to these claimants to be taxed.
W. CI..\RK .V 1). A. lUNt.LKV,
I'rortors /or Claimaiils.
L'MTKD Statics, 1 ^
District of Alaska. ( ^ '
lames 151ake being first duly sworn upon his oath says : —
I am the Mate of said Schooner intervening for the within-named claimants. That I
have read the foregoing answer and know the contents thereof and that the same is '.rue as I
verily believe.
JAMES BLAKE.
Subscribed and sworn to before me this 22d day of September,
A. D. 1 886.
ANDREW T. LEWIS,
C/crJi- of the U. S. Dist. Court for the District of Alaska.
On the 4th day oj October, /SS6, the folhnoing ret 11 7i>as
made to the Monition heretofore cited, page 5.
Sitka,
\
District of Alaska. /
Be it remembered that, in obedience to the annexed monition, I have attached the within
described property and now hold the same in my possession subject to the order of this Hon-
orable Court.
And I have given due notice to all persons claiming said property to be and appear before
this District Court on the 4th day of Uciober 18S6 at 10 o'clock a. m. if the s^.me shall be a
(lay of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and there to
make their claim and allegations in that behalf; —
And I have, as ordered by the said Court, caused said notice to be published, and the same
has been published in the "Alaskan" a newspaper published at Sitka in said District, on the
4th day of September 1SS6 and in each issue of said newspaper subsequent thereto, until
said 4ih day of ( )ctoi)er 18S6.
)r^\\kv,, tW^i.'^Vvi, October 4th, iSSb. , ^„-,>rr-
^ BARTON ATKINS,
Marshal, Dist. of Alaska.
On the same day was ji led the following decree:
IN- THE rXIXKl) STATES DISTRICT COURT IN .-^ND KOR THK DISTRICT' OF ALASKA,
UNTTKD STATES OK AMERICA.
UNITED Sl'ATES
THE SCHOONER "CAROLENA."
V -^'o- St-
The Marshal having returned on the monition issued to him in the alH.ve entitled action
that in obedience thereto he has attached the said Schooner "Carolena," her tackle, apparel,
boats, cargo and furniture and has given due notice to all persons claiming the same to appear
l,efore this Court on this 4tli <lay of October 1886 at 10 o'clock A. M. at the District of
28
\lasUa, rnitc.l States of America, llien aii<l there t.. interpose their chiims aiul make their
alleKalions in thai behalf; ami W, (lark, i's.,., IVuclor for Mutuic .V Co., of Victoria, I!. ( .,
havint; heretofore tiled a claim to all of sai.l property on l.ehalf of said Mun/.ic \ ( o., the
owners of said jjioperly, and no other persons having api.eared and no claims or allegations
having' l.een made or filed herein by any oilier person or persons, aiul the usual proclamations
having been made, and said cause having been hear.l upon the pleadings and proofs, M. I).
Hall Ks.i. and W. 11.1'avson Ks.i. appearing as advocates for said lii.ellant, and W. Clark
Es,i as advocate for said Claimants; an.l said cause having been submitted to the Court for
decision, and due deliberation being ha<l in the preinises, it is now ordere.l, sentenced and
dtcreid as follows:
1st. That all persons whatsoever (,tlier than said ( •laimants be and they are hereby declared
in contumacy and ilefauh.
2.1. That said Schooner "Caiolena" her tackle, apparel, boats and furniture and her cargo
of 6S5 fur seal skins, 12 pup seal skins, and I hair seal skin and all other property found upon
or appurlenaiii to said Schooner, be and the same are hereby condemned as forfeited to the
use of the United States.
3rd. That unless an appeal be taken to this decree within the time limited and prescribed
by law and the rules of Court the usual writ of vriuii/ioni exponas be issued to the Marshal
commanding him to sell all the said property and bring the proceeds into this Court to be dis-
tributed according to law. Costs to be taxed are awarded against said Claimants.
Dated October 4lh 1886.
LAI AYETTE EAWSOX,
District Judge.
' Done in open CVjurt this 4di day of October 1886 at Sitka, District of Ala.ska, United States of
America.
ANDREW T. EEWIS,
" . Clerk.
On the same day ivas filed the folhmmig motion t: set aside
decree.
IN IHK UN'ITED STATV.S DISTRICT COUR T FOR I'HE DISTRICT OK AI.ASKA.
UM TKD STATES
vs.
MCNVIE S: CO. AND SCHOONER "CARO-
LKNA."
Motion to set its/i/c decree.
Now come W. Clark and D. A. Dingley, Proctors ' ervening for and in behalf of the
Claimants herein, and move the Court to set aside the Decree rendered herein for the reason
that the evidence produced on behalf of the United States is wholly insufficient upon which to
base said Decree.
W. CLARK & D. A. DINGLEY,
Proctors for Claiinanls.
I make tlicir
;loria, I!. C,
c \ Co., llu'
r allej^ations
roclamations
HMlfs, M. 1).
1(1 W. Clark
;he Court for
intcnccd and
eliy declared
ml her cargo
Y found upon
rfeited to the
id prescribed
the Marshal
urt to he dis-
n7iic/i motion tms overruled by tlie Court, and on the same day
was filed the Jolloioing Notice of Appeal.
IN TIIK rNITKD STATKS DISTRICT COCRT FOR THK. DISTRICT oK AI.AhKA,
UNIIKD STA IKS
\H NZIK it CO. AM) SCHOONKR "CARO
LENA."
- Sotkc of A/'fical.
\„d now come W. Clark \ 1 ). .\. I )mi;ley. IWtors for and in lahalf of the daimanls
iKTcin and noiify thi.s Honorable Court that they Ifereby appeal from the Decree rendered
luiein to the Circuit Court having appellate jurisdiction over this District an.l that said appeal
:, taken upon (luestions of law and fact, and pray the Court for an order on its Clerk to pre-
^ ,are a complete transcript of the record herein, as the law requires.
' • W. CI.AKK cV D. A. DLNCiI.EV,
rroctors for Claimants.
\VSt)X,
'ia Judge.
lited States of
[,K\V1S,
Clerk.
set aside
r\I,ASKA.
behalf of the
for the reason
upon which to
NGLEY,
Claimants.
On the gth day of February, 1SS7, was entered the follozoi no-
order .•
\ THI-. MATTF.K OF THE UNFI'El) SIAIKS
No.
49.
-( IIOONER "ONWARD,"
"THORNTON," " ="■
"CAROLENA," " 51-
'SAN DIEC.O," " 5^-
\U.MS Si AMMCN'ITIOX SCHR. SIERRA,
No. 57.
\R\IS S: AMMUNI TION SCHR. Cll V OF SAN
DIEOO, No. 58.
In the above causes, upon motion of the Attorney for the United States an.l art;umeni ui
rounsel for the United States and for the interveners in said causes, and consideration by the
( ..U1I, it is this day ordered that writs of venJilioni ,:xfo,n,s do issue from the Clerk of said
I „urt' to the Marshal of said District, for the sale of the attached ves.^els, with their tackle,
cnrooes and furniture of whatsoever description, and of the arms ;md ammunition .ttached m
>aid causes,- And as to said attached ve-.sels that li-.e sale of the same (except the Schooner
•'San Diego," which shall be sold at Sitka) shall be made at l"ort Townseiul in the DistrK-i o:
Washington Territory, and as to the seal skins, part of the cargoes of sM vessels attached, ibat
-ale of the same shall i:e made at San Francisco in the District ni Calilornia, and that .'-ale ^f
■aid Schooner " San Diego," and all the other attached property be made at Sitka in the Dis-
trict of Alaska. Thirtv days notice of such sales to be given at each of the places where the
same are to be made, b'v posting such notice, or by publication in some newspaper published
at such places respectively. And that said Marshal do have the moneys arising from such
sales together with the writ commanding the same, at a District Court of the United States for
so
iliis, ilic -^aul Ihsiiict of Alaska, t<> \>e held on the hM Monday in September, 1S87, and tliat
he lliin pay ilic same to tlu- <'lcrk of said Court.
Ci.i;kk".s uffick L'. b. Hist. Cm-ki, Im.stku r ok Aiaska,
Sitka, .U.hc// /o, /SS7.
1, Andrew T. Lewis, Clerk of the United States I»ifirict Court for the District of Alaska,
do certify that the foregoing transcript of the record in the case of the I niled States fs. the
Schooner " Carolena " her tackle, apparel, He, on l.ibel of Information, pending; in said Court,
has been compared by mr with the original, and that it is a correct transcript therefrom and of
the whole of said original record, except the full text of the exhibits referred to in the testi-
mony therein, of which the puqiort only is >iatcd, and that said purport of said exhibits is cor-
rectly stated, as the same aiijiears of recor<l at my office and in my custody.
Witness my hand and the seal of said Court the day and year above written.
[sKAi..] ANDKIAV r. LEWIS,
Sir:
No. 16. • .
Sir L. S. Sackvillc West (o Mr. liayard.
\\ashin(;i(jn. .tu.^iiif II. iS^j. [Rcc'd Aug. 12.]
I liavc the lionor to inforni yoti that Her Majt-sty'.s (lovcrnnient have
rc( eivcd a telc;,rrani froin the Commander-in-Chief of Her Majesty's naval
fori es ill the I'a( ifn dated \'i( toria. British Cohimhia, Aiii;iist 7lh, reporting
the seizure liv I'nited States (misers of tliree lirilish C"oliniii)ian sealing
seliooners in IJehring's SJa, a long distan* e fnjm Sitka, and that several other
vessels were in sight being towed in.
In conveying this information to yon. 1 am recniested at the same time
by the .Mari|uis of Salisbury to state that, in \iew of the assurances given in
your note of the ^^d of February la>t. Her Majesty's Covernnient had assumed
that pending the ( onehision of dis< itssions l>etwecn the two governments on
general (piestions involved, no further seizures would be made by order of
the L'nited States Government.
I have. &:c.,
L. s. sac:k\'ii,le wkst.
Sir
No. 17.
Mr. Bayard to .Sir L. S. Sackvillc West.
Dki'aktment of Statk,
Washing ro-x, Aiii:;iist ij. j88/.
I have the honor to acknowledge the re(eii)t of \()ur note of the iith
instant, received yesterday afternoon, informing me of a telegraphic rom-
mimication from the Commander in Chief of Her Majesty's Naval Forces
in the Pacific, dated at Victoria, British Columbia, August 7th, reporting
.V
[, and thai
U /SSy.
,{ Alaska.
Iilcs -'.V. the
Isaid Court,
In 111! and of
In till' tcsti-
liliits is cor-
|:\vis,
Clerk.
{. 12.]
ncnt have
ty's naval
reporting
an sealing
veral other
same time
.'s given in
id assumed
nments on
)V order of
YEST.
. 1887.
r the I ith
.phic rom-
val Forces
reporting
the seizure of three British C'ohimbian Sealing Schooners "in Mehring's Sea.
a K)ng distance from Sitka." and that "several other vt'ssels were in sight
lieing towed in."
'I"he reference to my note to yoii of the _^d of l'Vi)niar\ last, witicii \(.ii
make under the instruction of the Manpiis of Salishin'x . has caused me to
rxaniine the expressions contained therein, audi < an dis( over no ground
wliatever for the assumption by Her Majesty's (lovernment that it contained
•osurances " that jiending the conclusion of di.scussions between the two
(lovernments on ^'eneral (piestions involved, no further seizures would be
made by order of the United States (lovernment."
Until your note of the iith instant was reteived. I had no information
(if the seizure of the sealing vessels therein referred to, and have no knowl-
edge whatever of the cir( umstances under which such seizures have been
made.
1 shall at once endeavor to sujipK m\self with t!u' information necessary
to enable me to rei>lv to you more fulls.
The cases of seizme referred to in my note of February 3, icSSy. had
iKciirred during the |)revioiis August, and uiioii the basis of the information
then obtained. I wnjte you as follows :
" In this c(jnnection I lake the occasion 10 intorm you thai, without
((inclusion at this time of any (piestions whi( h may be found to be involved
in these cases of seizure, orders have been issued by the President's direc-
tion for the discontinuance of all pending |)roceedings. the discharge of the
\er5sels referred to. and the release of all persons under arrest in connection
therewith."
Having no reason to anticipate any other seizures. nf)thing was said in
ivlati(jn to the possibility of such an occurrence, nor do I find in our cor-
re^ipondence on the subject any grounds for such an tmderstanding as you
inform me had been assumed to exist, by Her Britannic Majesty's Govern-
ment.
A short time since, when you called upon me and personally obtainetl
copies of the record of the judicial jtroceedings in the three c-ases of seizure
\\\ August last in Behring Sea. nothing was said in relation to other cases.
Whether the circumstances attendant upon the cases which you now rejiort
to me are the same as those whi< h induced the Executive to direct the re-
lease.; referred to. remains hereafter to be ascertained, and this with as little
delay as the circumstances will permit.
I have, (S:c.,
T. F. BAYARD.
32
No. 1 8.
Sir L. S. Satkvil/c JVcst to Mr. Bayard.
British Legation,
Washington, Septnnhcr 2g, 18H7. [Rcc'd Sept. 29.]
Sir:
I h;ivc- tlif lionor to inform you that Her Majesty's Government have
I, eei\ officially informed that the British vessels, mentioned in your note of
the 3d of February last, have not been released, and that I am instructed to
enciuire the reason for the delay in complying with the orders sent to this
efrei t, as slated in your above-mentioned note.
I have, iVc,
L. S. S.\CKVILLr<: WEST.
No. 19.
Mr. Bayard to Sir L. S. Sackville West.
Department of State,
Washington, October ii, iSSj.
MR:
I have the honor to acknowledge your n(ne of the 29th ultimo, stating
liiat Her Majesty's Government had been offi( ially informed that the British
vessels referred to in my note to you of the 3d of February last, had not
been released, and asking the reason for the delay in comjjlying with the
orders of the I'Aecutive in that regard.
Upon receiving your note I at oiu e wrote to my colleague, the Attorney-
Cent nl, as the head of the Department of Justice, in order that I might be
enabled to reply satisfactorily to your cn([uiry.
I am still without answer frcn nim, which, when received, shall be
pronipllv comnumi( ated to yo'i.
In the nuantiine, in acknowledging your note. I take occasion to state
my impression — that if the three vessels seized and ordered to be released
have not been repossessed by their owners, it is not because of any hindrance
on the iiart of any official of this Government, or failure to obey the order
for release, but probably because of the remoteness of the locality (Sitka)
where thev were taken after arrest, for adjudication, and the proceedings
ha\ iug been in )c»i, the owners have not seen proper to jjrcxeed to Alaska
and rejjossess themselves of the i)roperty in question.
Accept S'l-, «*cc.,
T. F. BAYARD.
No. 20.
6"/;' L. S. Sackvi//c IVcst to Mr. Bayard.
WAsJiiNfiTON, 12 Octoha; rSSy. [Rr< M Q. t. i v]
Sir:
In < oniK'clion witli the ir presentation \vlii( h f was instriK ted to make to
\(Hi respeetiii},' the sfi/.iirL- of the British Schooners "Onward." "('aroiina,"
and "Thornton" i)y the United States triiiser "Corwin" in Ik-hring's Sea.
I iiave the honor to inlorni you that I am now further instructed to make
simikir rejiresentalions in the cases of the Uritish ('olumi)ian vessels "drace,"
" Dolphin," and "W. I'. Sayward," seized lately h\ the United States revenue
(Utter " Ri( haril Ru-.li," and at the same time, as in tlu' (a-.es of the "()n-
waril," " Carolina," and " 'l'honit(jn," to reserve all rights to compensa-
tion on behalf of the owners aiul crews.
I am also instructed to ])oint out to you that according to the deposition
of the mate of the " W. P. Sayward," coj^y of which is enclosed, no seals
had been taken bv her ( rew in liehring's Sea as is alleged in the libels of
information fd' ..' on behalf of the United States I)istri( t Attorney in the
District CJourt of Alaska.
I have, (Sec,
L. S. SACKVIULE \VF:sT.
[ Encloscrh in No. I'o.]
Deposition of Aiidvcio Lang, tnafc of tJic scJiooncr
Savzvardy
JV. P.
DKCI.AR.MIOX.
I, Andrew Lang, of Victoria, mate of the British schooner " VV. I'.
Sayward," do solemnly and sincerely declare: —
That I left Victoria, British Columbia, in the s(-hooner " W. P. Say-
ward" on the i6th day of May, 1887, bound on a sealing voyage, with a
trew of seven men and sixteen Indian hunters with eight canoes.
We commenced sealing off Ca])e .Scott on the north of Vancouver Islaid,
and killed 479 fur seals in the P.icitlc Ocean, and entered the Behring's Sea
on 2 July, 1887, passing between Umnak Island and the Island of the
Four Mountains. The weather was very thick and foggy and we did no
sealing in Behring's Sea in conse(iuence.
On the (;th July we were captured by the United States steamer "Richard
Rush" being then from 30 to 40 miles off the nearest lan(.l. We were taken
in tow to Ounalaska where we arrived on the loth July, and they laid us
alongside the steamer "St. Paul" belonging to the Alaska Commercial Co.
They removed the sealskins and took them ashore to the wharf and ])ut.
them in the Company's warehouse, and they resalted the skins with salt
taken from our vessel. They put an officer from the " Rush" on board and
towed us out to sea and told us to go to Sitka.
Wc iniscd iherc on the 22nd Julv aiul on the next day an investigation
was held iK'lore ludgc Dawson, who hound us over to appear on the 22nd
\u-ust for trial. " The vessel was left in charge of the United States officers^.
and we were onlv allowed to remove our i
lothing. The Indians were left
10 lind their way home as they could ; they were about 700 miles from their
^"'^'^'-^•^- • —■- of the
replied
have to obev orders, and take everything I come
f further say that when we were taken I spoke to the captain
" Rush" and told him we had not taken a seal in j'.ehring's Sea: he
■• 1 am sorry for you,
across in 15ehring's Sea." - , . 1 • ^i
\nd [ make this solemn declaration hv virtue ot the .Act passed m the
:; 7th year of Her Majesty's reign, eiititled -'An Act for the Suppression ot
\''oluntarv and Ivxtra-judicial Oaths."
A. LANCi.
Taken and declared before me at Victoria
this Sth day of Augiist, 1S.S7.
M. \V. TYRWHITT DRAKE,
A^otarv Fiiblic
No. 2 1 ,
Mr. Inward to Sir L. S. Sackvillc West.
I
DePART.MENT of Sl'ATE,
Washincton, Octohcr fj, iSSj.
MR :
Continuing mv reply to your note of the 29th ultimo, incpiiring the
reason for the delav in complying with the order issued in January last for
the release .'fr.rilish vessels seized -last year in Behring Sea, I beg leave to
hiionn von that I have this da- received a communication from my col-
league, the Attorneys ;eneral. infiu-ming me that his telegram to the United
Stars Marshal at Sitka, of January 26th last, ordering the release of the
British schooners •■Onward." "Carolina." and "Thornton," owing to
^(.me mis< (inception and mistake on the part of the official to whom it had
be-'ii iiddre^^sed. had not been acted upon.
A renew. (1 order has gone forward for their release— as had been dis-
tiiut'y dii"' led last Januarv- and which I had no reason to doubt had been
proiiiplh obeyed.
In my note to von of the nth inst.. 1 stated it to be my impression that
no hindrance to their repos.session by the owners of the vessels named
existed. Tiii> imjiression. it now ajipears. was not well-founded; and as
!iiv obie< I is to give you the fullest information within my power in relation
to all transactions touched in our corres|)ondence, I hasten to communicate
the latest report made to me from the Department of Justice.
iiing the
,■ liiht foi-
I take leave also to cxjiress my regret that any tnisc-onceptioii of the in-
tentions and orders of the President should have delayed their ]>romi)t
execution.
I have, iSic,
T. F. EAYARD.
No.
Mr. Bavard to Sir L. S. Sackville Jf'rst.
Washington, October jj, iSSy
MR
I have the honor to acknowledge your note of yesterday in relation to
the cases of seizure of the British schooners "Onward," "Carolina." and
"Thornton," in Behring Sea. by the United States revenue vessels, in
August. 1886, and also \uur nistructions to include by similar representa-
tions the cases of British Columbian vessels "Grace," "Dolphin," and
" \V. P. -Sayward." seized by the I'nited States revenue authorities in
Behring Sea, with notification that Her Britannic Majesty's Government
reserves all right to compensation on behalf of the owners and crews of the
above-mentioned vessels.
The affidavit of the mate of the " W. P. Sayward" has been read, and
the facts therein stated will be at once investigated.
I have, iJcc,
T. F. BAYARD.
No. 23.
Sir L. S. Sackvii/c I Vest to Mr. Bavard.
W.vsHixuTOX, Octobrr ig, jSSj. [Rec'd Oct. 21.]
Sir:
1 have the honor to inform you that T am instructed by the Marquis of
Salisbury, Her Majesty's Principal Se( relarv of State for Foreign Affairs, to
protest against the seizure of the Canadian vessel "Alfred Adams," in
Behring seas, and against the continuation of similar proc eedings bv the
Cnited States authorities on the iiigh seas.
• i - I have, iSrc, . "
],. S. SACKVn.TK WEST.
36
No. 24.
Mr. Bayard to Sir L. S. Sackvilie W^^'L
AVashington, Oitoher 22, 1887.
Sir
I liad the honor to receive last evening your noie of the T9th instant,
conveying: the instruction to you by the Marquis of Salisbury that you should
jM-otes't a-ainst the seizure of the Canadian vessel "Alfred Adams" in
Behring's Sea. and against the continuance of similar proceedings by the
UnitecrStates authorises on the high seas; and 1 have the honor to be, &c.,
T. F. BAYARD.
I ;
No. 25.
Sir L. S. Sackviilc- IVcsf to Mr. Bayard.
Washin(;ton, Oclohci 26, 1887. [Rec'd Oct. 27. j
MK
With reference to my note of the 19th instant, jirotesting against the
seizure of the British schooner ••Alfred Adams," 1 have the honor to trans-
mit to yf)u herewith, copy of the report of the Canadian Minister of Marine
and Fisheries and other pajr rs relating thereto.
1 have. (S:c..
• L. S. SACKVILLE WEST.
[K.NCLflM KF. I IN N'o. 25.]
Report of Geo. B. Foster, Canadian A/inister of Marine and
Fisheries.
Df.i'.mmmf.nt ok Fishei-mes — Canada.
(\x\ WW. I ^^th September, 1887.
With reference to jirevious corres])ondence c(-:icerning the seizure and
anaibai, Sealing Vessels by the United States' authorities in
id F"isheries begs to submit for the
Cieneral in Council, the fol-
deliMition
iienn
Can;
U"- Sea. ihe Mini>ter ot Marine an
consideration o
lowing ]iapers :
f His Kx(
.■n( \' the (io\ernor
lya) A letter from CoUe
her i>
of the ( 'anadian seahng s(
Sea ;
tor Mamley. of \i( toria. B. C. dated Septem-
■> the seizure
■;-; Behring
t. 1SS7. eiK losmg certain jiapers n rett ren-
looner
A If
red
.vdams
0/
^7-]
ic and
%
(I) The declaration of William Henry Dyer, of Vi( toria, B. C\. Master
of the Canadian schooner "'Alfred Adams";
ic) A certificate of seizure of the "Alfred Adams" signed by L. ().
Shepard, Captain of the United States Revenue Steamer " Rush";
(//) A sealed and unopened letter directed to the Cnited States I)istri( t
Attorney and United States Marshal. Sitka. Alaska;
(e) A letter from Collector Hamley, of Victoria, 11. ('.. dated July 26th,
relating to the detention of the Caiiadian s( hooners "Onward,"
"Carolina,' and "Thornton," seized in August, 1.SS6, by the
United States Cutter "Corwin "
in Uehring Sea ;
(/) Copy of a telegram and order jjurixirling to be from the United
States .Attorney Cicneral and Judge Dawson respectively relating
to the release of the above named vessels, and
(if) A letter dated SejUember 3rd, 1.S87. from the law firm of Drake,
Jackson (.\: Helmcken, of Victoria, (ontaining additional informa-
tion relating to the same.
From the above mentioned papers it a[jpears that on the 6th August,
1887, the Canadian sclujoner "Alfred Adams," whilst engagetl in catching
seals in the open sea more than fifty miles distant from the nearest land was
forcibly seized by an armed vessel of the United States, her ships pajjers
taken, he- cargo of seal skins, thirteen humired and eighty-six (1386) in
number, together with all her arms, ammunition and fishing iinj)lements
transferred to the United Slates Cutter, and her Cajttain (jrdereil to jircx eed
with .sealed orders to Sitka, and to deliver himself, his vessel and men. into
the hand of the United States Marshal at that place.
This treatment of the " Alfred .\dams " whilst jieaci ablv pursuing her
lawful calling on the high seas, is but a repetition of tl e unjustifiable seiz-
ures of ('anadian vessels made by the United States authorities in Behring's
Sea, and which have been dealt with at length in previous reports to
Council.
The Minister therefore, does not consider it necessary in this instance
to traverse the ^' round already so fully covered, and recommends tliat a coj)y
'<f this report with the i)apers attached be forwarded to Her Majesty's Gov-
'"nment for thi'ir eami'si; and immediate ( on^ideralic^n. and ihat a cojiy
..'-lereof be sent to the liritish Minister at Washington, together uitli the
.- iled letter given by Captain Shepard to the Master of the "Adams." with
die reipiest that it i)e forwarded to Mr. Secretary Bayard. With reference
;■' ', le atta( hed papers K. F. iS: (i., the Minister ol)serve> that from the first
.^ii) it appears that eiKjuiries made by the Collector of Customs at \'ictoria,
B. C, in July last, resulted in his obtaining the infonnatiori thai Judge
Dawson had up to that date, received no orde;s for the release of the Cana-
dian sealing vessels seized in 18S6, that the > esseis had not been sold and
remained still under seizure, and that J.;'!,'^'' lyawson. when (piestioned as to
the rejjort that a telegram had been sent to him b\ the Attorney-( ieiieral of
the United States ordering the release of the vessels, had replied that he
had iieard of diis re|)orl before, but that nothing of the kind had reai hed
either himself or the United States Marshal at Siika. Tin- paper marked F.
irv j6th. 1887. from the
• r])
jrts
'py
h
'7-
bnited States .Vttorney-General Garland to jiulge Dawsoii ordering him to
relea.se the vessels .seized in August preceding, and of an orcler founded
thereon from Judge Dawson to the United States .Marshal at Sitka bearing
date February 19th, 1887, directing him to " release the ' I'arolina.' 'On-
ward,' 'Thornton,' and 'San Diego,' together with all their ta( kk. apjiarel,
38
skins, guns, amniiinition, small boats and everything pertaining to said ves-
sels." 'I'he third pajjer marked (}. is a copy ot" a letter from the law firm
of Drake, Jackson i\: Helmcken, of Victoria, B. C, to the Minister of
Juslirc, informing him tliat they are advised that a telegram was received l)y
judge Dawson from the United Suites Attorney-Cieneral ordering the re-
lease of the vessels above referred to ; that Judge Dawson did issue an order
act ordingl) . l)ut that he afterwards rescinded the order on the assumption
that the telegram was a forgery and that since "no official letters of any
s(;rt either conihiniiig the telegram or respecting the affair has been received
at Sitka."
The MiiUNler obsirves that if tlie information conveyed in fclie above-
mention.ed papers is correct, of whi<'h there appears no reasonable douot,
it reveals a state of affairs by no means satisfactory.
On the 3d of February, icS.Sy, Mr. Secretary Bayard informed the British
Minister at Washington that "orders have been issued l)y the President's
dire( tion for the discontinuance of all pending proceedings, the discharge
of the vessels n '• -crl to and the relea.se of all persons under 'i-.rest in con-
nection therewitf.' telegram in ac( ordance with Mr. iiayard"s com-
munication appears : ve been sent to Alaska, and an order based thereon
to have been issued bv ine District Judge, but to have been afterwards re-
.scinded, and nt) further action has been taken up to date of latest informa-
tion. Meanwhile the vessels remain under seizure, the seal .skins are
forfeited, and the property of Canadian citizens forcibl) withheld from
them under cin imistances which involve very great loss and damage.
'I'lie Minister further observes that with a view of guiding the action of
Canadian citizens interested in sealing in the northern seas, repeated
atleui[)ts were made previous to the commencement of the ])resent season to
ol)iain an oflic ial expression from the United States Covernment of the
polii y they i);()i)osed to pursue in their treatment of foreign vessels sealing
in iieliring Sea, but that these efforts proved altogether tmavailing. From
Mr. Bavard's communii ation of February 3d, icSSy, above referred to, the
fair inferen( e, however, was to be drawn that until the cpiestion in disi)ute
between tile two Governments as to the legality of the previous seizures had
been ihially disposed of, no f irther seizures would be made. And there is
no doubt that on the strength of tliis coinmunication, and in the al)sence of
any exjjlicit statement of jjolicy to the contrarv, Canadian citizens did, in
tlie beginning of the |)re.sent season, embark upon their customary sealing
expeditions to Beliring Sea, under the reasonable im])ression that they would
not be interfered with by the United States authorities so long as they con-
du( ted tiieir o])erations in the open sea; only, however, to find their vessels
seized, their pro])erty confiscated and their ventures completely ruined.
It is respec thilly submitted that this conditicjn of affairs is in the highest
degree detrimental to the interests of Canada, and should not be permitted
to continue. For nearly two years Canadian vessels have been exposed to
arbitrary seizinr and ( onfiscation in the pursuit of a lawfiil occupation upon
the iiigh seas, and ( anadian citizens subjected to imprisonment and serious
financial 1 is. while an important and remunerative Canadian industry has
been threaleneil with absolute ruin. This course of action has been pursued
b\ Ihiited States ofli( ers in opposition to the contention in the past of their
(lovermnent in regard to the waters in which these .seiztu'es have taken
place, in violation of the I'lainest dictates of International law and in the
face of re])eated ami vigorous protests of both the Canadian and British
Ciovernments.
The Minister advises that Her Majesty's Covernment be again asked to
gi\e its .serious and immediate attention to the repeated remonstrances of
39
the Canadian Government against the unwarrantable a(tif)n of tlie United
States ni respect to Canadian vessels in Behriiig Sea, with a view to obtain
a speedy recognition of its just rights and full reparation for the losses sus-
tained by Its citizens.
The whole respectfully submitted,
CEO. K. FOSTER.
Minister cf Almiii,- ,iiij /•'is/u-rics.
: [F.Nl'LOSl KE .' IN No. 25.]
Mr. Han I ley to Mr. Foster.
Custom Housf,, \'ktoria. 26 July, 1HS7.
Dear Sir :
Captain Carrol, Master of the American steamer Olvmpian has been
taking parties of excursionists to Sitka and I asked him "to see the judge,
Mr. Dawson, and find out something avc could trast respecting the "seized
vessels. Dawson told him he had received no orders whatever for the re-
lease of the vessels — they have not been sold — and remain as they were,
under seizure. Captain Carrol told Dawson of the telegram dated last Jan-
uary, purporting to have been sent by Mr. Garland, Attornev-Genera! at
Washington, in the President's name, ordering the vessels to 'be released.
Dawson said he had heard of it before and tliat it must have been as he
termed it, a " put up thing," as nothing of the kind had reached either
himself or the U. S. Mi.'-shal at Sitka.
The serious i)art is that our people, trusting to the st()r\- of the order for
release, have sent 13 vessels again this year to the .sealing grounds. One
has been seized already and if the others fall n the wav'cif the Revenue
Cutters they will probably be seized also. I luav perhaps learn something
more from the Admiral when he returns from .Alaska, and if so I will write
to you again.
Vours very trulv.
W. HAMEi:V.
[Knclosiire 3 I.N No. 25.— Copy of Ti-;i.i:gham.]
Washington, D. ^1., January 26tli, f88~.
'I'o Judge Lafayette Dawson and M. D. I^all.
U. S. District Attorney, Sitka. Alaska.
I am directed by the President to instruct _\'ou to discontirme any further
proceedings in the matter of the seizure of the British vessels "Carolina,"
"Onward," and " Thornton," and disc:harge all ves.sels now held under
such seizure and release all persons that may be under arrest in connection
therewith.
A. H. GARLAND,
Attorney-General.
Eua
I
40
[Encliisuhr 4 IN No. 25 — Copy of Okdhk.]
To Barton Atkins, United States Marshal for the District of Alaska.
You are herel)\ directed to release the vessels "Carolina," "Onward,"
"Timrnton," and "San Diego," which were seized in Behring Sea for
violation of section (1956) U. S. Statutes, togetlier with their tackle,
apparel. .i/vV/.c guns, amnuuiition, small boats, and everything pertaining to
said vessels this 19th day of February. iSSy.
I -AFA V1:TTE DAWSON,
District Jutlgc, District of Alaska.
[ F.N'CI.OSl'KH 5 IN No. 25.]
Mr. Hamlcv to Mr. Foster,
Custom House, Victoria, / September, 1887.
Sir:
On the 7th of August the Master of the I'nited States Revenue Cutter
"Rush" seized in Behring Sea, 60 miles from any land, the Canadian
schooner "Alfred Adams." Her register, clearance, guns and ammunition
and the seal skins she had taken, 1386, were all taken from her and the
vessel herself ordered to Sitka. No one from the revenue Cutter was
put on board by Capt. She])ard, and the Master of the "Alfred Adams,"
instead of going as he was ordered to Sitka, returned to Victoria, aiTiving
here Aug. 31. I forward the Master's deposition before a Notary Bubbc,
and what Capt. Shei)ard is ])leased to term, a cerlificate of the schooner's
seizure, bv himself. Mr. Drake, a Solicitor, is at Sitka waiting for the ca.ses
to ])e heard in Court. The trial was delayed for the arrival of the "Rush,"
and she was expected bout the; beginning of this month. Mr. Dvake will
no doubt report to the Minister of Justice.
I have, &(■.,
W. HAMLE,
%■
I also enclose a sealed letter addressed
Attorney and United States ^larshal at
"Alfred Adams" brought down with him
anv wav vou think fit.
by Capt. She])ard to the District
Sitka, which the Master of the
and whicii you can deal with in
W. HAMLEY.
[F.NCI.OSIHE 6 IN No. 25.]
Certificate of Seizure of the " Alfred ^Idanis.''
U. S. Revenue Stk.vmek " Rush,"
Behring Se.a, August 6, 1887.
To Whom 11 M.av Concern:
This will certify that I have this day seized the British schooner "Alfred
Adams," of Victoria, M. C, Capt. W. H. Dyer, Master, for violaticMi of
law, ami have taken charge of his ship's papers, viz. : Register, shijjping
articles, clearance, bill of health and k)g book; also her arms and seal skins.
Very respectfully,
U. G. SHEPARD,
Captain U. S. Ji. M.
41
[Enclosure 7 in No. 25.]
1)1 the Matter of the Seizure of the Sea/ini:; Sehooner '' A If red Afanis
United States ReTe/iue Cutter " Ric hard J\ii sit.'"
/'!■ the
' Public,
hooner's
tilt; cases
"Rush,"
)vake will
I, William Henry Dyer, of \i( t(<ria. 1!. (.'., Master Marinir. du S( leninly
and sincerely declare that —
I. I am the Master of the schooner "Alfred Adams." of the port ol
Victoria, British Columbia, engaged in the business of catching seals. On
the 6th of August, 1S87, while on board the said schooner and in command
of the same, being in latitude 54^ 48' north, and longitude 167° 49' west,
the United States Revenue Cutter "Richard Rush" steamed alongside,
lowered a boat commanded by the First Lieutena.iit and jjoat's crew. The
said Lieutenant came on board the said "Alfred Adams" and ordered me
to take the ship's register, log book, articles and all others of the ship's
])apers on board the " Rictiard Rush." In obedience to his conmiand 1
took all said pajjers and accom])anied the said Lieutenant on board the
"Rush." When I arrived on board the "Rush" the Cajjtain of the
"Rush" asked me what was my business in the F5ehring vSea. 1 replied,
taking seals. He encjuired how many skins I had; I replied, i,^<S6. He
then said he would seize the ship^ take the skins, arms, ammunition and
spears. 1 stated I did not think the ship was liable to seizure as we had
never taken a seal within 60 miles of Ounalaska nor nearer St. Paul's than 60
miles south of it, and that we had never been ui.'tified that the waters were
prohibited unless landing and taking them from the island of St. Paul. He
stated he must obey the orders of his (rovernment, and that oiu" Covern-
ment and his must settle the matter, and ordered me to jjroceed on board
the said schooner and deliver up my arms, ammunition, and skins and
si)ears. He sent two boats belonging to the " Rush." in charge of the Lirst
and Second Lieutenants of the "Rush' respectively, and manned with
sailors from the " Rush." who came on board the said schooner. (I re-
turned in company with the I'irst Lieutenant.) They took from the said
schooner 1386 (thirteen hundred and eighty-six) skins, 4 kegs powder (3
triple F and i blasting powder), 500 shells, 3 cases caps and primers, 9
breach-loading double-barreled shot guns, i Winchester rifle, all in good
order, and 12 Indian spears, and he then gave me a sealed letter addressed
to the United States Marshal and U. S. District Attorney at Sitka. He
also gave me an acknowledgement of the goods taken, and also gave me a
certificate that the said schooner was under seizure, and after being along-
side for about 3IJ hours I received orders in writing to proceed to Sitka and
report to the United States District Attorney and Marshal. We then parted
( om])any. My crew consisted of msself. mate. 2 seamen, i Chinese cook
and 21 Indians. Previous to the said seizure we had spoken the schooner
"Kate," of Victoria, and had been informed by the mate of that vessel that
the crews (and jjarticularly the Indians) taken to Sitka on schooners ])re-
viously seized had been very badly treated. The Indians became very
mutinous on learning that we were to proceed to Sitka and rejiort to the
United States authorities and declared they would not go to Sitka, and to
avoid trouble I came to Victoria instead of going to Sitka. I arrived in
Victoria on the 31st of August, 1887, at about 7 p. m.
And I make this solemn declaration conscientiously, believing the sam.e
to be true, and bv virtue of the (^aths Ordinance, 1869.
W. H. DYER.
Declared before me this isl clay of September, A. I). 1887, at Vic-
toria, liritish Columbia. H. 1)AI:LA.S IJF.l.MCKKX,
A A'ohiry Public in and for the Pnn'ince of British Columbia.
42
[KncLIISI'RF. 3 IN No. 25.]
Messrs. Drake, Jackson and I Iclnicken to Mr. 'riiompson.
ViciokiA, H, C, September J, 18S7.
Sir:
Wc have the lioiior to inform yon that we are in receipt of a letter from
our Mr. Drake written from Sitl<a, under date Auji;ust 25th in which he
states that a teie^^rani was received at Sitka, relative to the Schooners seized
last year. iVom tlie United States Attorney CJeneral-Clarland directing their
release and di.sc liarge of the men. The Judge gave an order accordingly
whicii was afterwards rescinded on the assumption that the telegram was a
forgery. No official letter of any .sort either confirming the telegram or
respt '.ng the affair has been received at Sitka. The schooners now seized
and at Sitka are the " .\nna I?eck," " W. P. Sayward," "Dolphin," and
"(Jrace." The "Alfred Adams" was al.so seized. The trial of the pre-
sent men, Mr. Drake states, would not take place until after the arrival of
the Revenue Cutter " Rush ;" also that judging from the past and the views
held l)v the ("oiu't the result would most ])rol)al)ly be the same and urges
that immediate ste])S should be taken to prevent the imprisonment of the
Masters, and that he would obtain dec larations fron^ the Masters duly certi-
fied, and enter a ])rotest at the trial. The "Rush" was not expected at
Sitka until yesterday.
Regarding the seizure of the "Alfred Adams," we have to state that
that .schooner has arrived here safely. The declarations of her Captain,
Capt. Dyer, and his men have been duly taken, which her owners, Messrs.
Guttman and Frank, of this City yesterday handed to Hon. Mr. Stanley,
Ct)lle( tor of Customs, together with a sealed letter which the commander of
the " Rush" handed to Captain Dyer to be delivered to the District
Attorney at Sitka. These ])a])ers no doubt Mr. Stanley has already for-
warded to the [jroper Department.
We have since forwarded a coi)y of this information to ihe Right Hon-
ori'.ble Sir John .\. Macdonald, K. C. B., \:c.
, We have, (S:c.,
DRAKE, JACKSON & HELMCKEN.
[l'".Nti.iisri;i-; y in Xd. 25.]
Mr. Biirbidoc to Mr. Hardie.
Department ok Justice — Canada.
C) iTAWA, 1 2th September, 18S7.
Sir:
1 have the honor to enclose for your information a copy of a letter
whi( h has been received by the Minister of Justice from Messrs. Drake,
Ja< kson ..V Helmcken in which they report with reference to the sealing
vessels whicii have been seized in the Ikhring Sea by the United States
authorities.
1 am to state that the Minister of Justice has taken no action with re-
spec t to this communication, but that he is of the opinion that the Minister
of Marine and Fisheries should at his earliest convenience take .steps to
communic ate the substance thereof to the Colonial Office and to the British
Minister at Washington.
I have, &c.,
GEORCE W. HURHIDGE, D. M. J.
f>son.
887.
ter from
.vliich he
IS seized
ng their
ordingly
.111 was a
'gram or
w seized
n," and
the pre-
irrival of
the views
nd urges
nt of the
dy certi-
)ected at
itate that
Captain,
i, Messrs.
Stanley,
nander of
■ District
eady for-
ght Hon-
KEN.
v.
1887.
of a letter
■s. Drake,
he sealing
ited States
1 with re-
e Minister
e steps to
the British
M. J.
PART II.
PRIOR CORRESPONDENCE RELATIVE TO THE RIGHTS OF THE
SOVEREIGN OF ALASKA.
It is evident that whatever riL^hts the United States have
over the Territory of Ahiska and the waters adjacent thereto
have been derived from Russia. It is necessary, therefore,
to trace the history of the relation of the United States to the
Russian possessions on that coast prior to the cession of
Alaska to the United States in 1S67. The followin^r papers
and extracts tend to explain that relation.
No. 26. .
Mr. Polctica to Mr. Adams.
[I'KANSLA-iroN. ]
WASHiN(;TON,y;?wcr/;'rjC). [Feb. II,] /6'22.
The undersigned, envoy extraordinary and minister plenipotentiary of
His Majesty the Emijeror of all the Russian, in consequence of orders which
luivc lately reached him, hastens herewith to transmit to Mr. Adams. Secre-
tary of State in the Department of Foreign Affairs, a printed ( o])y of the
regulations adopted by the Russian-American Comiany. and sani tioned by
Mis Imperial Majesty, relative to foreign commerce in the waters bordering
the establishments of the said company on the northwest coast of America.
The undersigned conceives it to be, moreover, his duty to inform Mr.
Adams that the Imperial Government, in adoi)ting the regulation, supiioses
that a foreign ship, which shall have sailed from a European port after the
ist of March, 1822, or from one of the ports of the United States after the
rst of July of the same year, cannot lawfully i>retend ignorance of these
new measures.
The undersigned, &c.,
PIERRE DE POLETICA.
44
( En< l.nslPd. I IN N(i. id. \
F.did oj //is /niperial Majesty, Autonat of all tin- Russias.
The l)irectin}j Senate maketh known unto all men:
Wlioreas in an edict "f Mis Imperial Majesty, issued to the Directing,' Senate on the 4th
day of September, and .ligned \)S His Majesty's own hand, it is thus expressed:
"Ohservinj,', from rep<^jrt.s submitted to us. that the trade of our suhjects on the Ale; 'an
islands, and on the nonhvvest coast of America, appiTtainini; unto Russia, is sunject, because
of secret and illicit trattic, lo oppression and impediments; and lindinj; that the i)nncipal
cause of these flit'ticulties is the want of rules establishinf; the boundaries for navij;ation aloft;
these coasts, and the order of naval communication, as well in these places as on the whole
of the eastern coast of Siberia and the Kurile Islands, we h.ive deemed it necessary to deter
mine these cnmmunicatioiis by specific re^;ulations, which are hereto attached.
" In forwardint; these re;;ulaiions to the I (irccliiij,' Senate, we command that the same be
published for universal information, and thai the proper measures be taken to carry them into
execution."
COUNT D. (J U KIEF,
A/inistcr of Finances.
It is therefore decreed by the iJirectinf; Senate that His Imperial Majesty's edict be pub-
lished for the information of all men, and that the same be obeyed by all whom it may concern.
[The original is signed by the Directing Senate.]
Printed at St. I'etersburg. In the Senate, Se|)temi)er 7, 1821.
[( )n the original is written, in the handwriting of His Imperial Majosty, thus:]
He it accordingly,
ALEXANDER.
K AMI.N.NMY 0<<1KOVV, September ^, /^2i.
[Enxlo?;i-kh II IN N(
26.
Kiilts t'stiil'lishid for the limits of navigation and order of eoiitiiiiinica/ion a/onj;- the coast oj
the Eastern Siberia, the northiue stern coast of America, and the Aleutian, Kurile, and
other islands.
SlCi:. I. The pursuits of commerce, whaling, and lishing, and ol all other indu.stry, on all
islands, ports, and gulfs, including the whole ot the northwest coast of America, beginning
from lichring's Strait to the tifty -l"rr>t degree of northern latitude, also from the Aleutian
islands to the eastern coast of SiL/eria, as well as along the Kurile islands from ISehring's
Strait to the south cape of the island of Urup, viz., to 45° 50' northern latitude, are exclu-
sively granted to Russian subjects.
Si'.c. 2. It is therefore prohibited to all foreign vessels not only to land on the coasts and
islands Ijelonging lo Ku.ssia, as stated alxjve, but also to approach them within less than a
hundred Italian miles. The tran.sgressor's vessel is sui)ject to confiscation, along with the
whole cargo.
Sec. 3. An exception to this rule is to be made in favor of vessels carried thither by heavy
gales, or real want of provisions, and unable to make any other shor».;-5 but such as belong to
Russia; in these cases, they are obliged to produce convincmg proofs of actual reason for
such an exception. Ships of friendly governments, merely on discoveries, are likewise exempt
from the foregoing rule (section 2). In this case, however, they must previously be provided
with passports from the Russian Minister of the Navy.
on the 4th
e Alev.'''an
ct, IjL'causc
e principal
uion ak)|^
the whole
■y to deter-
he same be
I them into
EF,
iict lie pub-
y concern.
NDER.
the coast oj
Viirilc, and
ustry, on all
1, beginning
he Aleutian
m I'ehring's
2, aie exclu-
e coasts and
1 less than a
ng with the
ler by heavy
as belong to
d reason for
wise exempt
be provided
45
No 27.
Mr. .'h/aws to Mr. Polctica.
DkI'ARIMENT ok STA IK,
VVASHINfJiON, Fi'hruary 2^,. 1822.
Sik;
I liavc the honor of receiving,' vour note of tlic i ith irstant, cnclosiiiif a
printfd (O])}' of the regulations adopted I)y the Russian Anerican ("onipaiiv.
and sanctioned by His Inijierial Majesty, relating to the coninien e of for-
eigners in the waters bordering on the establislinients of that compaMy ujion
the northwest (-oast of Anieri< a.
1 am directed l)y the President of the United Stall's to inform \(Ui tliat
he has seen with siiri)risc, in tiiis edic t. the assertion of a territorial claim
on the ])art of Russia, extending to the fifty-hrst degree of north latitude on
this continent, and a regulation interdiiting to all commercial vessels other
than Russian, upon the penalty of seizure and confiscation, the approach
upon the high seas within one hundred Italian miles of the shores to which
that claim is made to apply. 'The relations of the United States with His
Imperial Majesty have always been of the most friendly character ; and it is
the earnest desire of this (lovernment to jireserve them in that state. It
was exjjected, before any act which should define the boundary between the
territories of the Unitt.'d States and Russia on this continent, that the same
would have been arranged by treaty between the jiarties. To exclude the
\essels of our citizens from the shore, beyond the ordinary distance to
which the territorial jurisdiction extends, has excited still greater surjirise.
This ordinance affects so deeply the rights of the United States and of
their citizens, that I am instructed to in(|uire whether you are authcjrized to
give explanations of the groimds of right, upon princiitles generally recog-
nized by the laws and usages of nations, which can warrant the claims and
regulations contained in it.
I avail, (!v:c.,
JOHN QUINCY ADAMS.
No. 28.
Mr. Polctica to Mr. Adams.
Mr. Poletica replied on the 28th of the .same month, and after giving a
summary of historic al incidents which seem-d to him to establish the title of
Russia to the territories in iiuestion by first discovery, said—
"I shall be more succinct, sir, in the exposition of the motives which
determined the Imperial Government to prohibit foreign ve.ssels from approach-
ing the northwest coast of America belonging to Russia within the distance
46
of ill K';isl oiif liiiiidrid Italian iiiilrs. This inr.isiirc luiwrvrr si-vrrc it i:iay
at liiM appear, is, aflcr all, hut a nuasiiic of iiri'vciitioii. It is L-xcliisiwly
(liivi tL'cl a^Minst the ciilpaMc (.mi tcij irises of lorci^ii adventurers, who, not
content with exercising upon the coasts ahove ini'nlioiied an illi( it trade ver\
pr'jiKlicial to i!ie ri,i,dus reserved eiilirely to the Russian A;neri( an Company,
take upon them ln>ides to furnish arms and ammunition to the luUivos in the
Russian possessions in Aineri( a, e\( itin.g them likewise in every manner to
resist and revolt aj^'ainst the authorities there established.
'•'I'lie American (iDvernuunt doubtless rei oIle( Is that the irregular con-
dui I ol these ad\enlmers. llu' majoritv of w hom was ((imposed of Ameri< an
citizens, has been the obje( t of the most pressing remonstranies on the part
of Russia to the Federal Ciovernment from the lime that diplomatic missions
wore organi/.etl between the countries. These remonstrances, repeated at
different linns, remain coiistanllv without effe( t. and the incon\erMcn( es to
wlii( h thev ouglil lo bring a renuwh < (lutinue to iiK rease. '■'• ■'•' '■''
•'I ought, in the last phu e, to re(iuest you to consider, sir, that the
Russian possessions in the I'acil'ic ( )cean extend, on the northwest coast of
America, from ISehring's Strait to the fifty-first degree of north lattitude. and
on the opposite side of .\sia. and the islands adjaieiil. from the same strait
to the lorty fifth degree. The eMent of sea. of wliidi these iiosst'ssions torm
the limits, comprehends all the ( (indilions whi( h are ordinarily attached to
-v/'/c/' .V(V/.v (mers fermces), and the Ru.ssian (Jovernmc'nt might conse<|nently
juilge itself aulhori/ed to exer( ise upon this sea the right of sovereign and
esjiec iallv that of entirely interdicting the entrain e of foreigners. it
preferred onlv asserting its es.seinial rights, without taking any advaiuage of
localities."
No. 29.
J/}'. . I dams to Mr. Pohiica.
Sir;
Dei'Art.men']' ov Sf.vrE,
Wa-hi\(;ton, March jo, 1822.
I ha\e had the honor of receiN ing your letter of the 2Sth ulliino, which
has lueii siiiimitted to the < oiisicii ration of the I'resident of the United States.
From the de'hiction which it contains of the grounds upon which articles
of regulation of the Russian American Companvhave now, for the first time,
extended the claim of Russia on the northwest coast of America to the fifty-
first degree of iiorlh latitude, its oid\- foundation apjiears to be the existence
of the small seltlemenl of Novo .\rchangelsk. situated, not on the .\inerican
continent, but upon a small island in latitude 57"; and the prin( iple upon
which you state that this ( laim is now advaiK eil is. that the fifty-first degree
is ecjuidistant from the settlement of Novo Archangelsk and the establishment
of the United States at the mouth of the Columbia river. Hut, from the same
47
vcic it I. lay
cxcliisivt'lv
. who, lint
t tradr very
(■(imiiany,
tivi's in the
inaiiiUT to
L'^'iilar con-
f Amcrif an
on tlu' jiart
ir missions
•r|icatiMl at
cnicni cs to
•1-
r, thai the
est coast of
titiide. and
same strait
ssioiis form
iittaclied to
)nse(|uently
.'iii'i' and
rs. it
Ivaiiicige of
), r822,
no, which
:i.\ States,
h articles
lirsl time,
the fifty-
existence
American
i|tle upon
-St degree
ilishment
the same
statement, it a|i|»ars tiial, in the u.n- 17.)!), the limits prixrilied li) the
i;iii|nnH- I'aiil t(p the RiiN^iaii Amerii.in ( oinpaiiv were fisid it tlie tiftv-fifth
decree of latitude, and that, in assiimin;^ imw tlie latitude 57 '. a new |-reien-
-i.in is asserted, to which no settleiiuMU made ^ime the sear 1799 lia>. -iven
ilu' color of a sanction.
'I'liis pretension is to lie (diisidered not oiily w ith relereiu e to the (luotion
(if territorial riglit, Imt also to that proiiil.itioii to tlu \-essels of other nations,
in( liidinj,' those of the liiited Slater, to ap|iroa( h within one litindreu Italian
miles of the coasts. I'Voin the period of the existence if the I'nited States
,is an independent nation, their \essels have freely navigated those seas, and
ihe right tf) navigate them is a jiart of that independence.
With regard to the suggestion that the Russian Ciosernmenl mi^lit have
justified the exercise of sovereignty o\er the i'ac ific ( )( ean as a (lose sea he-
( ause it claims territory both on its .\inerican and Asiatii shores, it inav >iiffic<'
to say that the dislame from shore to shore on this sea. in latitude 51^ north.
is not le.ss than ninety degrees of longitude, or toiir thousand miles.
As little can the L'nited States a< ( ede to the justi( e of the rt'asoii assigned
for the prohiliition above mentioned. The right of the < iti/eiisof the L'nited
St.ites to hokl < ommene with the aboriginal natives of the northwest coast
of America, without the territorial juriidictioii of other nations, even in arms
,ind munitions of war. is as ( lear and iiidis|)Ul:ilile a^ that of luuigating the
■^eas. 'i'liat right has never been exercised in a s])irit uiilViendly to Russia;
mm\ although general complaints have (jccasioiiall)' been made on thesnbjei t
of this commerce by .some of your predecessors, no spec in<; ground of charge
has ever been alleged by them of any transactioti in it whi< li the United
States were, by the ordinary hiws and usages of nations, liound either to re-
^train or to punish. Had any such < liarge been made, it would have received
the most pointed attention of this (iovernment. with the >incerest and firmest
disposition to perform every act and obligation of justice to yours which could
have been refpiired. I am commanded by the President of the United States
to assure vou th;it this disjiosition will continue to be entertaine<i. togecher
with the earnest desire that the most harmohioiis relations between the two
countries may be preserved.
Relying upon the a.ssnrance in your note of similar disjjositions recipro' ally
entertained by His Imjierial Majesty towards the L'nited States, the President
IS persuaded that the cili/eiis of this Union will remain unmolested in the
prosecution of their lawhil commerce, and that no effect will be given to an
interdiction manit'estly incomi .able with their rights.
1 am, tVc,
lOHX OUINCY A1).\MS.
mnPBB
No. 30.
Mr. Poletica to Mr. Adams.
Mr. I\)lotira replied on the 2nd of April following, and after again en-
deavoring to prove the title of Russia to the northwest coast of America
from Behring's stra-'ts to the fifty-first degree of north latitude, said :
"In the same maimer the great extent of the Pacific ocean at the fifty-
first decree of latitude ( ar.nnt invalidate the right which Russia may have
of ronsidering that part of the ocean as close. But as the Imperial flovern-
ment has not\hought fit K, take advantage of that right, all further discus-
sion on tlii> sultjecl wcmld he 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 lmi)erial Government
will not certainly think of limilmg it, ami still less of attacking it there.
But I rannot dissemble, sir, that this same trade beyond the fifty-first degree
will meet with difficuUie:, and in< ..nveniences, for which the American
owners will onl\ have to accuse their own imijrudence after the publicity
which has been given to the measures taken by the Imperial Government
for maintaining the rights of the Russian American Company in their abso-
lute integrity.
••I shall not finish this letter without rei)eating to you, sir, the very posi-
tive assurance whivh 1 have already had the honor once of exi)ressing to
vou, that, in everv rase where the American Government shall judge it
nece.ssar_\ to make explanations to that of the h:mperor. the President of the
United States may rest assured that these explanations will always be
attended to bv the Kmpen.r. my august sovereign, with the m<ist friendly,
and conseipiently, tiie most ccMiciliatory dispositions."
No. 31.
Baro)i Tuyll to Mr. .Idaius.
fTKANSLATIoN.]
W.\siirx(noN. ,'//';v7 12 (24). T823.
The undersigned, envoy extraordinary and minister plenii)otentiary of
l{is MajeslN the iMiiperor of all the Russias near the United States of Ameri( a,
has had the honor to express to Mr. Adams. Secretary of State, the desire ot
the I'',mperor, his master, who is ever animated by a sincere friendship towards
the United States, to see the discussions that have arisen between the cabinets
o! St. i'etersburg and W'asliington, upon some iivovisions contained in the
ukase of the 4th ( 16th 1 of September. i82r. relative to the Russian i)ossessions
on the ncjrthwest coast of America, terminated by means of a friendly nego-
tiation.
49
again en-
America
:1:
the fifty-
may have
1 flovcrn-
jr discus-
)f trading
, witiiuut
)vernment
it tlicre.
rst degree
American
publicity
)vernment
hfir al)S()-
very posi-
ressing to
1 judge it
lent of the
ahva\s be
it friendly,
These views of His Imperial .lajesty < oincide with the wish expressed
some time since on the part of tlic L'nited States in regard to a settlement of
limits on the said coast.
The ministry of the E'ni)eror having induced the British ministry to
furnish Sir Charles Bagot, ainbassado-- rif His Majesty the King of England
near His Imperial Majesty, with full jjowers ne' essary for the negotiation
about to be set on toot for reconciling the difficulties existing between the
two courts on the subject of the northwest coast, the English (lovernment is
<lesirous of acceding to that invitation.
The undersigned has been directed tcj communicate to Mr. Adams, Sec-
ivtary of State, in the name of his august n aster, and as an additional proof
of the sentiments entertained by His Imperial Majesty towards the President
of the United States and the Anicrii an G.)vernment, th.e expression of nis
desire that Mr. Middleton be also furnished with thi' nciessary powers to
terminate with the Iin])erial c;u)inet by an arrangement founded on the
principle of mutual convenience, all the differences that have arisen between
Russia and the United States in consequence of the law published September
4 (i6), 1821.
The undersigned thinks he may hope that the cabinet of Washington will,
with pleasure, accede to a proposition tending to facilitate the completion of
an arrangement l)ased upon sentiments of mutual good will and of a nature
to secure the interests of born countries.
He profits, &c.,
TIJYLL.
No. 32.
Mr. Adams to Baron Tiiyll.
. 1823.
tentiary of
if Ameri( a.
ie desire of
lip towards
he cabinets
iiied in the
possessions
■ndly nego-
\
I
Department of State,
Washing ['ON, Mar 7, aV^?.
The undersigned, Secretary of State of the United States, has submitted
to tlie consideration of the President the note which he had the honor of
receiving from the Baron de Tiixll, Envoy Extraordinary and Minister
lMenii)otentiary from His Imperial Majesty the Emperor of all the Russias,
dated the T2th (24th) of the last month.
The undersigned has been directed, in ansv t to that note, to assure the
Baron de Tiiyll of the warm satisfaction with which the President receives
and appreciates tiie friendl\ dispositions of His Impe rial Majesty towards
the United States; disposition^ wliirh it has been; and is, the earnest de-
sire of the American Government to meet with cxirresjionding returns, and
which have been long cemented bv the invariable friendship and cordicility
wiiich have subsisted between the United States and His Imjierial lajesty.
IVnetraled with these sentiments, and anxiously seeking t<^ promote their
peri»eliiation, the I'rt^ident readily accedes to the proposal that the minister
50
of the I'nitcd States at tlie court of his Imperial Majesty should he furnished
with powers for negotiating, upon princi[)les ada])ted to those sentiments,
the adju^lmeiu of the interests and rights which have been brought into col-
lision upon the northwest coast of America, and which have lierelofore
formed a subject of corresiK)ndence between the two (lovernments. as well
at Washington as at St. Petersburg.
Tlic undersigned is further commanded to add that, in pursuii\g, for the
atljtistment of the interchts in (piestion, this course, e(|ually congenial to the
friei.dlv feelings of this nation towards Russia and to their reliance upon
the justice and magnanimity of His Imi)erial Majesty, the Presitlent of the
United States confides that the arrangements of the cabinet of St. IVtersbiu-g
will have suspended the possibility of any consequences resulting from the
ukase to which the Jianjn de Tuxll's note refers which could affect thi. just
rights and the lawful commerce (jf tlie United States during the amicable dis-
cussion of the subject between the Governments respectively interested in it.
'I'he undersigned, (.V'c,
JOHN QUINCY ADAMS.
No. 33.
Mr. Adams to Air. Middlctou.
[\o. 16.]
DFPARTMENr OF StATK,
Wasiiixcton. ////i' 22, 182J.
Sir;
I h;uL- the honor of enclosing, herewith, copies of a note from iSaron de
Tuyll. the Russian minister, recently arrived, proposing, on the part of His
Majesty, the Emperor of Russia, that a power should be transmitted to you
til enter u])on a negotiation with the ministers of his Government concerning
tin.' dilferences which have arisen from the im])erial ukase of 4th (\(i\.\\) Sep-
tember. i.S.'i. relative to the northwest coast of .\meri(a, and n{ the answer
from this Department acceding to th.is pro])osal. A full power is accord-
ingly inclosed, and you will consider this letter as communi< ating to you
the President's instructions for the conduct of the negotiation.
P'rom tile leiior of the ukase, the ])retentions of the Imperial Ciovern-
menl extend to an exclusive territ(;rial jurisdiction from the forty-fifth degree
of north latitude, on the Asiatic coast, to the latitude of tlflv-tjiie north on
the western coast of the American Continent; and they assume the right of
interdicting tiie iu!n\i;\iti(>ii and the fisheiy of all other nations to the extent
of one hmulrcd miles from the whole of that coast.
The I nited StatcN can admit no part of these claims. Their right of
navigation and of fishing is jiertat, and has been in constant exercise from
the earliest times, after the pea( e of i 7S3, throughout the whole extent of
the Southern Otean, subject only to the ordinary exceptions and exclusions
51
of the territorial jurisdictions, which, so far as Russian rights are concerned,
are confined to certain ishiiuh north of the fifty-fifth degree of latitude, and
have no existence on the continent of America.
The corresponded e l)et\veen Mr. Poleticaand this Department contained
no discussion of the principles or of the facts upon whicii he attempted the
justification of the Imperial ukase. This was purposely- avoided on our
part, under the expectation that the Imperial Government could not fail,
upon a review of the nieasure, to revoke it alto rether. It did, however,
e\( ite much public animadversion m this country, as the ukase itself had
already done in England. I inclose herewith the North Amrricati Rrririo
for October, 1822, No. 37, which contains an articb: (]>. 370) written i)y a
person fully master of the subject ; and for the view of it taken in England
I refer you to the ;2nci number of the Qiuirtcr/v A'('7'/r7i', the article v.pon
Lieutenant Kotzebue's voyages. From the article in the Nortii A)iier!can
Rivinc it will be seen that the rights (^f discovery, of occupancy, and of
uncontested pf)ssession, alleged by Mr. Poletica, are all without foundation
in fact. -^- '■■ •■■ ■^- -^ '■'■'•
The right of the L'nited States from the forty-second to the fortv-ninth
])arallel of latitude on the Pacific Ocean we c(jnsider as un([ucstionable, being
founded, first on the ac<iuisition, by the treaty of February 22, 1819. of all
the rights of Sjiain ; second, by the discovery of the Columbia river, first
from sea, at its mouth, and then by kuul, by Lewis and Clarke; and third,
bv the settlement at its inouth in rSir. This territory is to the United
States of an importance which nu possession in Nortii America can be to any
Furojiean nation, not only as it is but the continuity of their possessions
from the Atlantic to the Pacific Ocean, but as it offers their inhabitants the
means of establishing hereafter water comnumications from the one to the
other.
It is not conceivable that an\ possession 1. the continent of North
America should be of use or im|)ortance to Russia toranv 'ther purpose than
that of traffic with the natives. This was. in fact, the inducement to the
formation of the Russian American Company and to the ( harter granted
them bv the Emperor Paul. It was the inducement to the ukase of the Em-
jieror .Alexander. I'y offering free and ei|ual access for a term of years to
navigation and intercourse with the natives to Ru^^sia. within th(. I'luits to
which our claims are indisputable, we concede much more than wc obtain.
it is not to be doubted that, long before the expiration of that time, our
-M.'ttlement at the inouth (if the Columbia river will become so consi-! ■ .e
as to offer means of useful commenial intercourse with the Russian .ile-
inents on the islands of the northwest coast.
\\'ith regard to the territorial ( laim, 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 whu h the Emperor Paul had granted
exclusive privileges to the Russian .American Company, that is to say, latitude
- .0
33 •
52 .
If liie Russian Government apprehend serious inconvenience from the
illicit traffic of foreigners with their settlements on the northwest coast, it
may be effectuany guarded against l)y stipulations similar to those, a draft
of whicli is herewith subjoined, and to which you are authorized, on the
jiart of the United States to agree. * -J^ '■'- *
I am, Szc,
JOHN QUINCY ADAMS.
[ K.NXLdSi'KK IN Mu. Adams' No. i6, ]
/)rtr/Y of Tri'aty lit-hun'ii ,'/ic I 'iiited Slates aiit/ A't/rs/ii,
.Aim 111 I 1. Ill (irdcr Id stroni^tlu'ii the lionds of frieiidshii), and to ])iesc-r\L' in fiilure a
pi'ifni liarmmiy and <.;ooil understanding; lietweeii tiio contracting; ]iartii's, it is a_i;rccd that
tlic'ir rc-pective citizens and subjects sliall not he disturbed or molested, cither in iiavij^atini; or
in carrying on their fisheries in tiie I'aeilic ( )ccan or in the South Seas, or in landing on the
coasts of those seas, in places not ahcady occupied, for the purj)ose of carryini; '•:> ihei' com-
merce willi ihc natives of tlie country; suiiject, ncverliicless, to the rosuictions ami pnn' ' ns
specitied in the two following articles.
-•Vri'Ii 1,1, II. '1 o the enil tliat the naviijation and fishery of the citizens and .subjecls of the
contraciini; parties, respectively, in the I'aeilic < )cean or in the South Seas, may not be made
a ])relc\t for illicit trade with their respective setllements, it is a';reed that the citizens of the
L'nited Slates shall not land on any part of the coast actually occupied by b'ii.--sian seltle-
nienls. unless bv permission of the I iovcrnor or coniniaiuler thereof, and that Ru>sian stibjecls
shall, in like manner, be interdicted from landing without permission at any selllcmcnt of the
United Stales on the said north wt-^t coast.
Akiicj.k III. It is
[■cd thai
settlement shall be made hcrpafier
ih
e iiort Invest
coast of -Vmerica by cili/ens of the Inited States or under their aulhority, north, nor by i\us-
sian subjects, or under the •authority of Russia, south of tiie lifty-lifth degree of north latitude.
A/?'
No. 34.
Idanis fo Mr. RusJi.
[No. 70.]
Sir:
Department ok State,
Washington, y///r 22, 1S2J.
Among the subjects of negotiation with Great Ikitain \vhi( Ii are pressing
upon the attention of this Governiuent is the present condition of the north-
west coast nf thir. continent. 'I'his interest is connected, in a manner l)ccom-
ing n-Diii (la\ to day mo'v important, wilii our territorial rights: with the
whole system of our intercourse with the Indiai tribes; with the boiindar\
relations between us and the Uritish North Amem an dominions; with the fur
trade; the fisherie.'-: in the Pacific Ocean ; the ( ommerce with the Sandwich
Islands and China: with, our boimdary upon Mexico; and, lastly, with our
politii .il standing and intercourse with the Russian emjiire. * =i- "■!=
53
Hy the ukase u( tlie Emperor Alexander, of the 4th 1 i6th) of September,
1821, an exclusive territorial right on tlie northwest coast of America is asserted
as belonging to Russia, and as extending from the northern extremity of the
continent to latitude 51°, and the navigation and fishery of all other nations
are interdicted by the same ukase to the extent of one hundred Italian miles
from tlie coast.
When Mr. Poletica, the late Russian minister here, was called upon to set
forth the grounds of right conformable to the laws of nations which authorized
the issuing 01 this decree, he answered in his i.-tters of February 28 and April
2, 1S22. by alleging first discovery, occupancy, and unimcrrui)ted jjosses-
sion. ■'■' '^- -i^ '■'■- '" ♦ -i=
The United States and Great Britain have both jirotestcd against the Rus-
sian Imperial ukase of Sejjtember 4, (16,) 1S21.
At the proposal of the Russian Government, a full power and instructions
are now transmitted to Mr. Middleton. for the adjustment, ])y amicable nego-
tiation, of the conflicting claims of the ])arties on this subject.
We have been informed by the Haron de Tuyll that a similar authority has
been given on the part of the British Government to Sir Charles Bagot. -^ *
The ])rinciples settbd by the Nootka Sound convention of October 28,
I 790, were—
ist. That the rights of fishery in the South Seas, of tradiicg with the natives
of the northwest coast of America, and of making settlements on the coast
itself for the purposes of that trade, north of the (/c///^// settlements of Spain,
were connnon to all the Kuropean nations, and of course to the United States.
21h1. That so far as the actual settlements of Spain had extended, she
possessed the exclusive rights, territorial, and of navigation and 'fishery,
extending to the distance often miles from the coasts so actually ociupicd.
3rd. That on the coasts o^ Sou/h Anwrica, and the adiacent islands south
of the parts already occu])ied by Sjjain, no settlement should thereafter be
made either by British or .Spanish subjects, but on both sides should be re-
tained the liberty of landing and of erecting temporary buiklings for the pur-
poses of the fishery. These rights were, also, of course, enjoyed by the people
of the United States.
The exclusive rights of Spain to any part of the American continents have
ceased. That ])ortion of the coiuention. therefore, which recogni/es the
exclusive colonial rights of Spain on these continents, though confirmed as
between Great Britain and Spain, by the first additional article to the treaty
of the 5th of July, 1S14, has been extinguished by the tact ot the independence
of the South American nation and of Mexico. Those inde])en(lent nations
will possess the rights incident to that condition, and their territories will, of
course, be subject to no exclusive right of navigation in their \ i( inity, or of
ai cess to them by any foreign nation. * -'' •'•• ''■ "■" •*
The right of carrying on trade with the natives throughout the northwest
coast thev [the L'nited States] < annot reiiouiu e. With tlu' Kiissian settle-
ments at Kodiak, or at New .i.ehangel, they may fairly claim the advantage
54
of a frt-e trade, having so long enjoyed it unmolested, and because it has been
and would continue to be as advantageous at least to those settlements as to
them. Hut they will not contest the right of Russia to prohibit the traffic, as
strictly confined to the Russian settlement itself, and not extending to the
original natives of the coast. * ■•■ '■'''■ ''" * * ''"
I am, (S:c.,
JOHN QUINCY ADAMS.
No. 35.
Mr. Middlcton to Mr. Adams.
In Mr. Middleton's despatch No. 35, of the 19th of April, 1824, are
enclosed minutes of the conferences that preceded the signature of the
treaty.
The first conference took place on the 9th of the preceding February,
and Mr. Middlcton submitted the following draft of a convention:
" Akiici.k I. Ill order to .streni^tliCii the bonds oi' friendsliip and to preserve in future a
perfect harmony end good under.standhig between the hii;h contraciint; parties, it is at^reed
that their respective citizens and subjects shall not be disturbed or molested, ("ilher in navi-
<;aiin!^ nr in carryint; on their fisheries in any part of the great ocean vulgarly called the I'acilic
or South Sea, or in landing on the coasts thereof in places not already occupied, for the pur-
pose of carrying on tlieir commerce with the natives of the country, subject nevertheless to
the restrictions and provisions specitied in the following articles.
"Ari ici.f. II. To the end that the navigation and fisheries in the great ocean carried en by
citi/ens and subjects of the high contracting parlies may not be made n jiretext for illicit trade
with their respective settlements, it "is agreed that the citi/ens of the L'nited States shall not
land on any jiart of the coast actually (iccu|iied by Russian settlements, unless by permission
of the (ii)vernor or commaiidant thereof; and that Ku^^ian subjects shall, in like manner, be
interdicted from landing witlniUt [lermission at any settlement of the L'nited .States on the
northwest coast.
" .Ari'Ici.I'. I II. It is further agreed that no settlement shall be made hereafter on the
northwest coast of .\merica, or on any of the islands adjacent thereto, )ioi-tli of the lifty-lifth
degree ot north latitude, t'V citizens of tlie I nitcd Stales, tir under their authoritv; nor by
Ru.^sian subjects, or under the authority of Ru.s.-'ia, south of the same parallel of latituile."
At the seiond conference, which was on the 20th of February, Cotmt
Ncsselrotle, who was aci ompanied by Mr. Puletiia, gave Mr. Middlcton the
following counicr-draft :
[ 'rn.\NSI.ATI()N. ]
'' ArT!! I f. I. To cement the bonds of amity, and to secure, for the future, a good under-
standing and a perfect concord between the high contracting powers, it is agreed that, in any
jiart of the great ocean, commonly called the I'acitic ( )cean, or South Sea, the respective citi-
zens or subjects shall be neither disturbed nor restrained, either in navigation or in lishiiig, or
in the jjower of resorting to the coasts upon points which may not already he occu|)ied, for
the puriwse of trading with the natives; saving, always, the restrictions and conditions deter
mined by the following articles.
".Vkiici !■: II. With the view of preventing the rights of navigation and of lishing, exer-
cised upon the great ocean by the cili/.ens and subjects of the high contracting powers, from
55
heco.ninK the i.relcxt for an illicit trade with their r-spective establishments it is a.-reed tnal
the c.t.zcn^ of the United States shall not resort to any part of the coasts already occupied hy
Russian e .tahhsh„>enfs, .;• Mon^nn. /„ J^ussu,,/n.,n the line .f Janarcalio,, poinUd out in the
artHlvlnl.n.; without the permission of the governor or commander of said esiaMisl.ments-
an,l that reciprocally, the subjects of Russia shall not resort, without permission, to any t-tab-
hshment of the fnited States upon tlic northwot coast, /iv-w the same line <>,\irm.vrathu.
"Artici.ic hi. It is, moreover, agreed that, in the ies,,ective possessions of the two high
powers on the northwest coast of America, or in any of the adjac<-:n islands, there shall not
be formed by the cituens of the Lnitcd States, or un.ler the authority of the said States any
establishments to the north of 54- 40' of north latitude; .n<l that, in the same manner, there
sliall be none formed by Russian subjects, or under the authority of Russia, to the south of
llie same parallel.
" [With admission of American vessels to Xew Archangel.] "
As to tliis cotinter-draft, Mr. Middlt'toii's minutes of thf second confer-
ence contain the following:
"I observed, that the in.sertion in the second article was iitterlv inadmis-
sible, as repugnant to the stiimlations of the fcrmer article, antl that, instead
of the admis.sion of American ves.sels solely to New Archangel, in the third
article, I should i;ropose the commercial princ iple adopted by the United
States and England upon the same coast (indiscriminate admission, ett., for
a limited ])eriod). I'hat I mnst now frankly tell them tiiat my instructions
reqtiired that I should obtain two points as necessary conditions to -the third
object contemplated by the projet of convention. First, the revocati(;n.
either spontaneous or by convention, of the maritinie provisions of the uka-e
of September 4 (16). 1821. Secondly, the adoption of the counnercial prin-
ciple (or something similar; agreed ui)on between tiie United States and
Great Britain, in their convention of 1S18, in relation to these coasts.
Thirdly, that, these preliminaries being settled, ■MrrrHorial ,iL-liiiufatioii for
settlements at fifty-five degrees might W agreed upon.
"Upon this Mr. Poletica a.ssured me, with a strong asseveration, that Iic
would never be brought tt) sign an instrument containing the principle of
tree admission (or our s/iips to t/ir/r coasts, wl -'ever t/ic Coimf might think
proper to do. He continued to argue varmly against anything of the kind.
I rei)lied somewhat at length, and concluded by saying that unless he could
be brought to change his mind uijon this point, it was more than jjrobable
T.'e should be able to do nothing. Russia must then be (oiitent to keep her
ukase, and other nations would only have to see what means they may p(jssess
of carrying on the northwest trade /// spite of it. The Count look no share
in this a-parte discussion, and when it concluded I told him that 1 should
take his contre-projet home with rne to consider it and make such further
]jroi)ositions as reflection should suggest. We agreed to meet again in three
days."
At the fourth conference, wliich was on the 8th of March, Mr. Middleton
submitted to Count Ne.sselrode tlie following ])ai)er:
[ TuanslatiiinJ
"The dominion cannot be acquired but by a /r(?/occui)ation and posses-
sion, and an intention (animus) to establish it is by no iiieaiis sufficient.
56
"Now, it is clear, acconiin^i; to the facts established, that neither Russia
nor any other European ()ower has the right of dominion upon the continent
of America between the 50th and fioth degrees of north latitude.
"Still less has she the dominion of the adjacent maritime territory, or of
the sea which washes these coasts, a dominion whicli is only accessory to the
territorial dominion.
•'Therefore she has not the right 0/ exc/u..,iii or of ailmissioii on these
coasts, nor in these seas, which are free seas.
"'riie right of navigating all the free seas belongs, by natural law, to
every independent nation, and even constitutes an essential part of this inde-
pendence.
"The United States have exercised navigatioi\ in the seas, and commerce
upon the (oasls, al)ove mentioned, from the time of their indei)endcn( e; and
they liave a perfect right to this navigation and to this cunnnerce, and they
can only be deprived of it by their (jwn act or by a convention."
What then transpired at the conference Mr. Middleton's notes relate as
follows :
"Having read this with attention, he [Count Nesselrode] exclaimed,
'Well, here is a coireention. We must see if 't is not possible to come to an
arrangement.' He then stated that there could, however, now remain only
one means of accommodating the existing difference. This he would state
hypothetically (supposing the possibility of the Emperor's permitting, the
stipulation of a free trade for ten years to be agreed to.) It was a pro[)osition
whi( h, perliaps, would be made to me at a future meeting. It would be
intended to prohibit the trade in firearms and ammunition. He went into a
recajiitulation of the ( omplaints of Mr. r)as( hkoff and (\)unt Pahlen, on
account of the injuries arising from the firearms furnished to the natives by
our citizens. I took occasion here to declare that all the.se proceedings of
the Russian Government were founded in erroneous impressions, and arose
irom their having improperly conceived that they had a ri^^ht 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 ct)urse, expect any arrangement
whi( h should not be marked by reciprocity. I remarked that any restriction
of the kind would be in many resjiects liable to objections. That the first
which ])resented itself to my mind was. that such a regulation could not be
carried into effect without admitting a right of search, which was wholly
inadmissible in time of ].>eace. He replied, they had no intention of pro|)os-
ing anything of the kind, ("or that they would be satisfied with the right of
inal^i)!;^ reprcsoitatious to our Government, in case of the infraction of the
regulation which should be adopted, by our traders."
What occurred at subsequent conferences is stated in Mr. Middleton's
minutes as follows: —
"Considerable delay occurred after the conference of the 8th March,
occasioned partly, as 1 understood, by the indisposition of the Emperor,
57
and partly, too, as I siqiposcd. to <;'wv time for ronsiiltation with the
Directors of the Russian Ameridin Company. At length, on the morning
of tlie 22nd March, Mr. Poktica railed u])on me and staled tiiat he had
now a projet to offer on tlie jiart of liis Government (see pajier lettered /,)
and tliat he would leave it witli me for consideration. Among other things,
he observed that the prohiliition of a trade in arms and ammunition would be
a -f/V/d' (///</ nof/, and that the Kmperor wislied, in views of l)encvolence, to
add thereto all kinds of spirituous li(iuors. This was confirmed to me by
Count Nesselrode's note of 2otti March, 'see jjajjer lettered ///.) Mr.
i'oletica stated that Count Nesselrode ])roi)osed to receive me on Monday,
the 24th instant at his house, at one o'clock p. m.
"Accordingly I attended on Mondav, the 24th Mart:h, and offered the
projet lettered (//). The argument this day turned generally upon the re-
strictions proposed to i)e imposed upon tlie trade. The sale of arms to
tlie savages, wdiose blind passions are unrestrained by any moral tie, must be
e(iually pernicious to themselves and alt who come within their reach. The
greatest objection to this prohi])ition ajipeared to me to be tiiat the restric-
tion may be converted into a pretext for vexations upon our conunerce, if
seizure or confiscation were permitted ; and, on the other hand, it seemed
likely that all other modes of carrying the prohibition into effect would
prove nugatory. I had been told, however, that they would be satisfied
with its interdiction under such penalties as we might think proper to imi)ose ;
that in case of infraction tlie\- would content themselves witli rcprcsrniatioiis
to the Government; but tliat, fmally, tlie measure was a sine qua iioii. 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 Ciovernnient will probably
consider the proposal as less objectionable than at a former period, from
considerations, at least, of reciprocity, now that we liave an acknowledged
territory upon the western coast, and when, too, it luiglit perhaps be unavail-
ing to attempt to resist the claims of Russia, likely so soon to be fully
acknowledged by Great Britain.
"On the 28th Mr. Poletica brought me the projet lettered {0'). It now
a[ipeared to me that the latter i)art of the fourth article, 'that the reciprocal
right shall cea.se,' etc., had still too much the ap[)earance of a substantive
stipulation, although I had changed it from an entire article in their projet
of the 22nd of March, so as to stand as an accessory to the preceding stipu-
lation of an open trade. In the fifth article, their exj/ression 'of arbitrary
mea.sures' did not appear to me to be sufficiently precise, as it left them at
lil)erty to adopt rci^nlafions and to carry them into effect, because it could
not be said that such regulations were arbitrary. For these reasons I pro-
posed at our meeting on the 31st that the fourth and fifth articles should
stand a.s set forth in the projet lettered (/.)
"The fourth article became the subject of warm debate during the three
meetings upon the 31st of March and the ist and 2nd of April ; at the last
of which they proposed that I should sign a protocol of the tenor of that
58
UttiTC'd ((/.') This was refused by me as asserting what was evidently iin-
tiue, to wit : that the two forms specified therein inriiiif f/ir siiiiir lliiiij^ ; but
[ consented to sign an(jther protof ol. of which one of the originals is for-
wartied herewitli. lettered </•.) The protocol of signature is lettered (.v,)
and llie ( (invention (t.)
"Su(h is the sum and sultstance of what passed in our conferences, as
extra) ted fnun the short notes I made directly after each meeting. If it
should ajijiear to he nn.-agre and desultory, this must lie accounted for from
the ( in nmstance that we had set out disclaiming all n\i^n/iir i/isciission of right
or of fact : and if anything approaching to it was resorted to, it was only
when I deemed some statement absolutely necessary to sup])ort our preten-
sions ; but in general everything of the nature of i/Zsruxs/c/t appeared to l)e
carefullv avoided bv the adversarv."
[Enclosure I, in Mk Miudi.fton's No. 35.]
Projet of Russia of March 22.
[lHASsI.AriON.]
llis Majesty tlie J'.tnperor of all the Kussias and tlic ( idvernnienl of the United States f>t
America, wi^liiiit^ to cement the Ixjnds of amity which unite them, and to secure between
them the invariaMe maintenance of a perfect concord, hy means of tlie present convention
iiave named as thtir pienij)otentiaries to this effect, to wit : I lis Majesty the Emperor of a'. I
the I\ussias, his hel(n'i'(l and faithful f'harles Robert, Count of N'esselrode, Ovc, iVc, aid
Pierre de I'oletica, .\:c., and the 'iovcrnment of the I'nited States of America, Ile.iry
Middleton, Ks'[., \c., who, after having exchanj;ed their full powers, found in good and due
form, have agreed upon and signed the following stipulations;
Akiiii.k 1. It is agreed that in any part of the great ocean, conniionly called the racific
( )cean, or Soutii Sea, the respective citizens and subjects of the high 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 restrictions and conditions determined by the
following articles.
.Vurui 1: II. With a view of preventing the rights of navigation and of fishing, exercised
upon the great ocean by the citi/cens and subjects of the high contracting parties, from becom-
ing the pretext for an illicit trade, it is agreed that the citizens of the United States shall not
resort to any point of the coasts already occupied by Russian establishments, without the per-
mission of the governor or commander of said establishments; and that, reciprocally, the
subjects of Russia shall not resort, without permission, to any establishment of the United
States upon the northwest coast.
Ak rici.i'. III. It is moreover agreed that, in the respective po.ssessions of the two high
powers upon the northwest coast of America or in any of the adjacent islands, there shall not
be ftirmed by the citizens of the United Stales, or under the authority of the said Slates, any
establishment to the north of 54'' 40' of north 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.
.■\i;ii< i.i: I\'. It is, neverthele.ss. understo<j<I that the vessels of the two powers, or which
belong to their respective citizens or subjects, may reciprocally frerjuent, without any hindrance
whatever, the interior seas. gulf~, harbors and creeks in the ])o.ssession of Russia and of the
United States of America on the northwest coast, for the purpose of hshin{j and trading with
the natives of the country.
Mitly un-
vV/i,'-; but
Is is for-
LTt'll (i-,)
■(.'iict-'s, as
,g. If it
for from
'/ of right
wns only
r jirt'tcn-
red to 1)0
59
Articik V. This reciprocal rit;lii of (Ishing anfl of trade is only granted for a term .f il-h
years from the dale of the si-niiif; of tlie present convention, at the end of which term ii ^liall
cease on both sides.
AUTICI.K VI. From this time rne-arms, other arms, powder and munitions of war of every
i<ind are always excejjted from this same connnerte, wliith the two powers (■l^'■^v.c not to sell
nor allow to be sold to the natives by their res|)ective citizens iind subjects, nor by any person
who may be under their authority.
.\RTin,K VII. The present convention shall be ratilied, and the ratillcalions thereof shall
be exchanged at St. Petersburg in the sjiace of .
In faith whereof the respective pleiiiiiolentiaries have signed it and thereto allised the seal
of their arms.
Done at — the — of the year of grace, 1824.
d States ol
re between
convention,
peror of a'.l
;., i\:c., aid
ica, Ile.iry
od and due
the I'acilic
parties shall
e power of
purpose of
ned by the
■^, exercised
rom becom-
es shall not
jut the per-
rocally, the
the United
e two high
;re shall not
States, any
inner, there
south of the
s, or which
y hindrance
and of the
rading with
r Enci.osukf. M in Mh. Middi.kton's No, 3.1;.]
CouH^ hfcsselrode to Mr. Middlctoii.
[Thanslatkin. ]
The undersigned, Actual Privy Counsellor, Secretary of State directing the administration
of Foreign .\ffairs, has had the honor to mention to Mr. Middleton, Envoy Kxtraordinary and
.Minister rienijiotentiary of the United Stales of America, llie desire which the llmperor had
of seeing arms, munitions, and spirituous liquors excepted from the articles of which the
reci])rocal trade might be declared free during ten years with the natives of the norihwesl coast
of America, by the convention which Russia and the United Slates are ujion the point of con-
cluding.
The undersigned hastens to assure .Mr. Middleton, by writing, that the immediate prohibi-
tion of the trade in arms and munitions with the natives is a condition to wliich His Imperial
Majesty attaches the highest importance, a condition tiie absence of whieh would not pernui
him to give his assent to the rest of the treaty.
As to the prohibition of the trade in spirituous lii|uors the Kmperor eagerly desires that it
should be pronounced, and he does not doubt that .Mr. Middleton and the Inivernment nf the
United Stales [will] receive in the most favorable maimer this wish, dictated by motives of
humanity and morality.
The undersigned, i.\:c.,
NESSKI.Rf)Dr;.
St. PKTEKSHDRt;, March 20, 1824.
[F.".;ci.osui<E \ IN .Mh. Midih.eton's No. 35.]
Projet of tJie United States of MarcJi 2^.
[ Tkanslation. J ,^
His Majesty the Emperor of all the Russias and the President of the United States ol
•Vmerica, wi.shing to cement the bonds of amity which unite them, and to secure between them
the invariable maintenance of a perfect concord, by means of the [)resent convention, have
named as their plenipotentiaries to this effect, to wit: His Majesty the Emperor of all the
Kussias, his beloved and faithful Charles Robert, Count of Nesselrode, i."vc., >S;c.,and Pierre de
Poletica, lVc, tS-C, and the President of the United Slates of .Vmerica, Henry Middleton, a cit-
izen of said States, and their Envoy Extraordinary and Minister Plenipotentiary near His
6o
Imperial Majesty; who, after having exchaiined llieir full |)i(wer>. finiml in ^ikkI ami iliie fnriii.
have a^;ree<l uiK)n and sii4ne<l the followin)^ hli|)ulati<)ns;
Aim K IK I. It i> a^rei<l that in any part nl' the tjreat nteaii, t unininnly ealltil the racilic
Ocean, or SdiuIi Sea, the res|)ective citizens and .suhjeets nf the hi^;li cimtraclin^ parties shal
i)e neither disturhed imr restrained either in nnvij;atinn or in lishiiiL;, or in the power of resort
inj; to liic coa>ls upon points whidi may not already lie oeiiipied fur the purpose of trailing
with the native--, ^a\ iiij; alway'' the restrictions and condition-. <lctirniincd hy the following;
arlitles.
Akiici.i: li. With tlir \ iew of prevenliiif; the rij^dit-. of n,i\ if;alion and of ti>liin^;, exercised
upon the ^rcat ocean hy the citizens and >ul)ject> of the hi^di CDntractinj,' powers, frf)in becom-
ing' the pretext for an illicit trade, it is agreed that ine citizens of the I'nitrd States shall not
rexirl to any point where there is a Russian eslalilishmenl, withoul the |)ermission ol the j^ov
ernor or Commander; and that, lecipmcally, the >ul)iects of Rusiia shall not resort, withoul
perinis^iun, to any estaMislnnent of the I nited States upon the northwot coast.
AkiIi I I. III. It is moreover aL;reed that, hereaflcr, there shall not lie formed hy the citi
/cn^ of the Inited States, or under the aulhuriiy of the sai<l Slates, any establishment upon the
norlliwest coa.st of .Vinerica, nor in any of the i-l.ind> adjacent, to the north of 54° 40' of north
latitude; and that, in the .same manner, there >liall be none f(jrmed by Russian subjects, or
under the authority of Russia, to the south of the >aine parallel.
Arik I.I'. I\'. It is, nevertheless, understood that the vessels of ihe two [wwi-rs, or which
beloni.; to their citizens or subjects, res|jectively, may reciprocally frequent, without any
hindrance whatever, the interior sea.s, gulfs, harbors and creeks upon the said coast for the
purpose of ti.^hiiiL; and of trading with the natives of the country. Hut the reciprocal riglu
granted by this article shall cease, on both sides, after the term of ten years, to be counted
from the signing of the preseiH convention.
.\Kiiri.i, \'. I'ire-arms, other arms, powder, and munitions of war of every kind, are
always excepted from this same commerce ])ermitled by the ])receding .irticlc; and the two
powers eiij^age, reciprocally, 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 authority. It
being well understood that, in any case, this restriction 'shall not be considered to authorize,
under the pretext of a contravention of this article, the visit or the detention of vessels, or the
seizure of the mei :handise, or, in line, any vexations whatever exercised towards the owners
or the crews employe;! in this commerce; the high eoiuracting powers, reciprocally, reserving
to iheinselvcs to determine u|)on the penalties to be incurred, and to inllict the punishments
due, in case of the contiavention of this article by their respective citizens and subjects.
Akthi.K \'1. \\'hen this convention shall have been duly ratified by His .Majesty the
lunperor of all the Russias on one i)art and on the cither by the President of the L'nited
State>, with the advice and consent of the Senate, the ratilications thereof shall be exchanged
at ^\'a^hin!.^ton in the s[)ace of ten months Inini the date below, or sooner, if possible.
In faith whereof the resjjective plenipotentiaries have signed this convention, and thereto
affixed the seals of their arms.
I lone at — the — of the year (,f (Irace 1S24.
[ Enclosuke O in Mk. .MninLiiroN's No. 35.] '
Contrc projct of Russia of March 28.
'I'his jjrojel is virtually identical with that of the L'nited States of March 24 (Enclosure N),
the only change being a verbal one in the second sentence of Article V.
6i
f f''N( tcsi lu' I' IN Ml' Miiini kton's No, 3;. )
Ih-ojct of (he ( 'nilcd Slates of }farcli ?/.
I III VN-aI AI 1i>\, 1
Ak I II 1.1 l\. It is, iKVcrilicli.^^, uinlcr^liKMl iliiit, lUirint,' .1 Icnn III* icii years, ui lie Liiutiied
Iriiiii till' ■•i,i;iiiii)^ iif tlic i)ri>ciii conseiitiiiii, llic sliijis nf ilic twn |hi\vcts, or wliiili IilIumi; Vt
tlicir lili/cn.s or Milijects, rcsjicctivL'ly, may rccipnically liciiueiit, withuut any liinilraii(,e wliat-
cvLT, the interior seas, nulfs, liariwrs, a.id creeks upon the coast mentioned in the preceding;
article, for the inirpose ol I'l^hin^' atid trading' willi tiic natives of the country.
Arik l.K V. All s|)irituous lii|Uors, lire-arms, other arms, powder, and munitions of war of
every kind, are always excepted from the coinnierce permitted iiy the precedint; article; and
till' two ])owers en^aj;e, reci|)rocally, neither to sell, nor sul'i'er them to he sold, to the natives
by their respective citizens and subjects, nor by any person who may be under their authority.
It is likewise stipulated that this restriction shall never serve Im a pretext, nor be allet;cd, In
any case, to authorize eillier the search or deliniion oi sesseK, or (In- seizure of the nierchan
disc, or, in line, any nieasm-es of constraint whatever towards the merchants or the crews who
may carry on this commerce; the hi^h contracting powers, reciprocally, reserving; to them-
selves to determine upon the penalties to be incurred, and to intlict tlu- punishmenis due, in
case of a conlravention of this article by their respective cili/.ciis or subjects.
[Encuisiki.' (J i\ Ml', .\Iiiii)1.i.;i(>n's No. 15. |
Pt'ojet of Protocol submitted In' tlu Russian ncgotiatoi's on
,\pril 2, wliicli Mr. Middleton refused to sign.
[IhANSL.M liiN, I
The under-i};ne(l, after having discussed in several conferences a projel of comention
|iroposed for removini; all ilie dillerences wliicli liave arisen between Russia and the L lined
."states of .\inerica, in consei|nence of a re^iilaiion published by the former of tliese jiowers,
oil the 4th (ifith) September, 1.S21, delinitively drew up the dill'erent articles of which this
convention is composed, added to dieni their si<,;n mainial, and iniiiually engaj^ed to si^n
ihem as they are found annexi'd to llic jjiesent protocol.
In drawing u]) the 4th of these arlicles, the plenipotentiaries of Russia lecollectcd that
they had proposed to the i)lenipotenliary of the L nited States to arrange the said 1 --ticle in
the following terms:
AKrici.K IV. " It is, nevertheless, understood that the ships of the two jjowers, or which
belong to their citizens or subjects respectively, may mutually frei|uent, without any hindrance
whatever, the interior seas, gulfs, harbors, and creeks upon tb.e said coast, for the purpose .if
there fishing and trading with the natives of the country, liut the reciprocal right granted
bv this article .shall cease, on both sides, after a term of ten years, to be counted from the
signing of the present convention."
The plenipiitentiaries of Russia acUleil, that, after
asireeiiiK to this arrangement, the plenipntcntiary of
the I'liileil States had aflerwartls invited tlieni to
clian)4e the ending of this very article, and to agree
to it as it is transi rihed opposite * oliserving thai this
seco.ul arrangement, more conformable to the letter
I if tile instructions which he had received, in no way
altered the sense of that whit h hat. heen proposed liy
the plenipotentiaries ot Russia,
'I'hc plenipotentiary of the United Stales having
repeated this observation, the article in question was
signed with the modification which he had demanded
to he there introduced,
.\ftir which all the other articles were also signed, and it was resolved to proceed to the
signature of the co!ivention itself tlie — following.
Done at St. I'eter.shurg, the — , iS.':4, '
* Aurict.i; 1\', — " li is, nocrihclcss, under-
stood that, during a term of ten years, to he counted
from the signing of the present convention, the ships
of the two powers, or which belong to their citizens
or subjects, respectively, may mutually frequent,
without any hindrance whatever, the interior se;is,
gulfs, harbors, and creeks npoji the .said coasts, for
the purpose of there fishing .iiid trading with the
natives of the country."
62
[ F.N-ci,nsi'\uc R IN Mr. MinmiiToN's No. ;,s.]
Protoco! of Sioiiaturc of tlie A'-ticlcs.
[ 'i'HANSl.ATlllN. I
Tlie iin<lcrsi<j;iic(l, after liavin;^ discussed in several ci'iifcreiices a projet of a convention
proposed for settlini; all the differenees which arost' between I'le Tnited Slates of America and
Russia, in consei|uence of a regulation puhlislu'd by the i.iller of these powers on the 4th (i6t!i)
Septeniher, I.S2I, dellnitively drew up the differcnl articles of which this convention is com-
posed, added to them their si^n maniial, and mutually euyaged to si^n them as they are found
ainiexcil lo the iiresenl protocol.
In drasvin<^ up the 4tli of these articles, the pleni])otcntiaries of Russia recollected that they
proposed to tiie plenipotentiary of the L'nited Slates to arran!.;e the saiit ariicle in the following
terms :
.\i; III 1,1 W . " It is, ne\- rthcless, understood that the ships of the two powers, or which
iiclons.; to tlu'ir ■ i/ens or subjects, respectively, may mutuall)- fre(|uent, without any hindrance,
wliatexcr, liie mlerior seas, gulfs, harbors, and creeks ujion the said coast, for the purpose of
there tishi^ig and trading w'ith the natives of the country, llui the rici]'rocal right granted by
this article shall cease, on both sirles, after a term (;f ten years, to be counted from tlie signing
of the i)rcscnt C( invention."
The plenipotentiaries of Russia added that, after agreenig to this arrangement, the pleni-
potentiary of the L'niied States had afterwards invited them Uj change the ending of this very
article, and agree to it as it i< found signed in the convention, observing that this sjcond
arrangement, inore conformable to the luiler of the instructions which he received, is the only
one which he thinks himself authorized to sign ; but, moreover, that this arrangement does
not essiMitially alter the sense of that whicli had been propose', by the plenipotentiaries of
Russia, because, at the end of the lerui mi'iitioned, the -lipulaiion ceasing eiiuallv bv the two
arrangements, the reciprocal power of trading granted b\- that >iipulation cannot be jiroloitged
beyond the said term but liy mutual agreement.
liKler these observati< < ihc article in 'luestion .has been signed, with the modification
which ilie plcnip'i'entiary of the L'nited States had demanded to be there introduced,
.\fter which all the other articles were also signed respectively, and it was resolved to pro-
ceed to the signature o( the crmxentioii itself on the liflh following.
I)oiie at St. I'etcrsbnrg, ,\pril 1. (14'), 1S.14.
ili:M<\ MlDhLKTON.
Ah:sSF.I.k( )1)K.
i'< d i:ric.\.
[ KNCi-osrur: S in Mk. Miiidlp ion's Xo. ;,^.'\
Proforo/ of Sij^iKi/iwr of the Co)i:'cutiou.
['rixANsl ■ liN. I
'I'he undersigned, having engaged by the protocol wf llv.lr last conference to sign on ihe
5th .Xiiril of the presf-nl \ ear the convention nf which they signed all the articles, assembled
this (h,\ ai two o'clock in the r.ftcrijMon, at the hotel inlial)iled by Count Xessclrode, and alter
having duly clLiied \viih the said articles the two copies of the convention which ihey had
caused to be prepared, ihey have attached to both Ihei- respective signatures and ihc seals of
their arms.
l»o
at St. Tetcrsburg, .\pril 5, [17,] 1S24.
IIK.NKV MIl)l)(.i:rn\.
m'sski.rodk.
1", 1'(»i,i;t!('a.
[ EstLOSlRi; 1' IN Mi;. MllMVl.lTllN's No. 35.]
I lie Convention.
l'rnA.>;si..\ri(is.]
Ill the name (if ilic Mo-i ilnly and liidivisihlo 'Iniiiiv,
'I'lic rresidcin of ihe Inited StiUu- uf .\inerita and His Majc>!y tlic I'-inpuror of nl! llio
Kus.sias, wishiiii; U> ccmciU ilir limd- iif amiiy which uuiio tliem, and to .secure iiclwccn liit-'m
ihc invaria'nle niaintcnancL' (if a iicrfcct foncord, iiy moans of llie present convention, have
named as tlieir l'leniiioteiuiaii(;s to this effect, to wit:
Tlie President of tiie L'niti.'d Stales of America. Henry Mid'lieton,a citi/en of said Stales,
and their Kuvoy I-lxtraordinaiy and Minister I'leni; itentiary near Tlis Ir.iperii'l Majesty: and
1 lis _M,ijesty the lunpemr of all die Kiis-ias, his heloverl and faithful Charles Kohcrt ( 'oiini of
Xesselrode, actual I'rivy Counsellor, .Memlier of the Council of State, Sectctary of Stale
direetini; tlie adminisiration of l-'orei.ijn .\ffaiis, actual Chamberlain, K!iit,'!i; of the < irder of
St. .\le.\ander .\evsky, Crand Cro-.- of the ( »nler of ,st. Wladiiiiir of tlu first class, Kn.i^iit
of that of tlu; While i'.a;,i(.' of roland, Crand Cm-s df the Order of St. Sieiihei of iluii,L;ary
Kniijhl of tlie Onk s of the lloly ( iliosl and of St. .Michael, and < iraiid Cross of the l.ei;ion
of Honor of I'raiice, Knii;hl I Irand (.'ross of the < trder-. of iIk. Mlack and -..f the Ked j-.a^de
of I'russia, of '.he .\nnuncialion of Sardinia, of I'harles Hi y)[ Spain, of St. herdinaiid and of
Merit of Naples, of tlie I'".lcphant of 1 )enniark, of the I'olar Star of Sweden, of the I'rowii of
Wiirtemlier;,', of the Cuel|)lis of Hanover, of Ihe lleleic l.ioii, of I'idelity of lladen, and
of St. Constantine of i'arma; and I'ierre dc I'oletiea. actual Coiiii.sellor of State, Kniijlit of
the order of Si. .'Mine of the lirst cla,-s, and Crand Cros.-, of the ( )rder of St. W ladimir of liie
second ;
Will, after having; exchanged their full powers, found in ^ood and due form luue aLM-eed
upon and signed the following siipulaiions :
.\kii(.l.K. I It is a^'reed that, in any part of the Creat '■ )cean, eonnnonly called ilic i'atit'C
< icean.or S(.iiitli Sea, liie respective (. iti/ens or .-ulijecl- of the hieli contracting; Powers shall he
neiliicr dislurlied ncn- restrained, either in navieation or in lishing, (jr in the power of resortinj,'
to the coasts, U[ion |)oint.s which may not already have been oceu|jied, for the purpo^e of trading
with the natives, .-a\ing alwa\s ihe re-lrictions and conditions deternuiied l.'V the following
.n-ticles.
.\lMI('!,t' II. With a \iew of prewnting the righ.ts ot navigation and of lislnng e.\ercised
upoii the t ireal 1 Iceaii hy the cili/ens and subjects of the high contraetir;g Powers from becom-
ing the preleM for an illicit trade, it is agreed that the citizens of the L'nited Slates shall not
re.sort to any point where there is a Russian establishment, without the jiermission of the gov-
ernor or c(.iniiiaiider; and thai, rcci[iidcal!y, the subjects of Russia shall not lesort, without
permission, to any esiabii.-hiiient of the l'nited .States upon the Xorthwest coast.
.\ K licit'. HI It i» moreover agreed that, hereafter, there shall not lie formed by the eitl/.eiis
of the Ciiiled Stales, or under the authority of the said Slates, any establishment upon the
Northwest coast of America, nor in any of the islands adjacent, to the north of tifiy four degrees
and liirly minutes of north laiiuvle; and that, in the same maimer, there shall be none formed
liy Russi.ni subjects, or under tin authority of Rus.>ia, south of the same parallel.
Ari'K 1.1. 1\'. It is, ne\ertiieless, understood that durinya term often years, counlilig from
the sigiutture of the ])resent eonveniion, the shi|is of both Powers, or which belong lo their
lit i/ens or subjects respectively, may reciprocally fre(|ueni, without any hindrance whatever,
ilic interior seas, gulfs, harbors, and creeks, upon the eoa.st mentioned in the preceding article,
lor the purpose of lishing and trading with the natives of the country.
.Vktici.k \'. .All spirituous li(|uois, lire-arms, other arms, powder, and munilions of war o|
e\eiy kind, aiealway.-. exiepled from this same commerce permitted by the preceding article;
and Ihe two Powers engage, recipriically, n('ilh(;r to sell, nor suffer tliem to be sold, to the
HJlU.l.J..!,,. .IJ^..»
64
natives bv llieir rcspcclivc cilizcns ami siihjiOts. nor by any ])erson who may be under their
aiiiluirily. It is likewise siipiiinteil iliat this rcstriciion shall never alTurd a jiretext, nor be
advanrcd, in any case, In aiuliorize either searcii or :Uteniion uf the vessels, sei/.me of tlie
merchandise, or, in line, any measures of constraint whatever towards the merchants or the
crews who may carry on tliis conuiicrce; the liit:h conlractini; Powers reciprocally reserving;
to themselves {o delenuine upon the penalties to l>e incurred, and to inllict the punishments in
case of the contravention of this articL; by their respective citizens or sniijects.
AlMli'l.K VI. When this c<invention shall have been duly ratilied by the I'resident of the
I'niled Stales, u ilh the advice an<l consent of the Senate, on the one part, and, nn the other,
by His Majesty the Mmperor of ,t11 the kii^sias, the r.atilications shall be exchanyeil at Wash-
ini.;tiin in the -pace often moiuhs fnim the date below, or sooner if possible.
In faith whereof the respective Plenipotentiaries have sii;ned this convention, and thereto
affixed the seals of their arms.
I lone at Si. I'etersl'uri; the 17-5 .\])ril, of the year of tirace one tlujusand ei_L;ht hundred
ai: 1 twenty fnui-.
IlKXRV MIDDI.KTOX. [i . s.]
l.e Comte CII.\RI.KS DK XKSSKl.Rt IDE. [1,. ^i.]
riERRE L>E POLETICA. [l. s.]
No. 36.
Coiivculiou bckocc)} Great Ih-ifaiii and Russia
h\/i!/h't to " the commerce^ iidvi^n/ii'ii, iiiiJjh/urii's ••/ tlitir siihjiw's v)i t/ic J'acifu- Oct'aii, as
'i'c/l (IS till- limits of their ivspi'otivi' /•ossrssioiis on ttir iiort/mh'st roast of AmcrioaP
SicNKD .Af Sf. ri;ii,KsiiuK(;, I'KiiiuwRV \\, 1S25.
I I'.x rK.\cr. I
.\Kni I I-; I. It is aLjreed that the respective subjects of the high contracting parties shall
not I'e irouliled or molested, in any part of the ocean, commonly called the I'acitlc ( )cean,
either in luwiuatiiiL; the Name, in tlshinu; therein, or in landing at such parts of the coast as shall
not ha\e been alrea'.K' occupied, in order to trade wiiii the natives, under the re-tricti(jns aiul
coniiitioiis specitled in the following articles.
.\l<ri(li II. Ill or<ler to prevent the right of iia\ igation and hsliing, exrrcised upon the
ocean ''V the sul.jreis of the high eoiuracling jiarlies, from becoming th.e pretext lor an illicit
commerce, it is agreed that the subjects of His Ihitaiinic .Majesty shall not land at any
pl.u'c where there may be a Russian establishment, without the permissioii of the governor or
coimnand.nit : aiul.'.'n the other hand, that Ku-.-ian subject- shall not land, without permission,
at aiu Ihitish esi.iblishment I'li the northwest coast.
.\ki'Ii ri' \I. Ii i~ understood that the subjects of Ilis llrilannic Majeslv. from whatever
i|u.uier ihey may arrive, whether from the ( icean. or from the interior t)f the continent, shall
forever enjoy the right of navigating freely, and wuhoiil any hindrance whatever, all the rivers
and 'lifams whieli, in their coui>c toward- the Pacific 1 leean. may cn.'ss the line of demarca-
tion upon the line o( coast described in" Article 5 ol the pre-ent convention.
J under their
retext, nor be
,ei/.ine of the
cliani.s or the
\\\\ reserving;
inishiuciits in
sulont (jf the
nu the other,
,x>il at \\a>h-
, iiud thereto
\<j]i\. humh-ed
[' • -]
•. [1.. s.]
[L. S.]
Articlk \'II. ]t is also understood, tliat, for liie space of ten years from the s!i,niature of
the present convention, the vessels of the two powers, or those i)elon<;int^ to tlieir r.spcctive
subjects, shall mutually be at liberty to frequent, without any hindrance whatever, all t!it inland
seas, the L;ulfs, havens and creeks on the coast mentioned in Article 3 f< r the purpose of fish-
ing and of tra('.ing with the natives.
ARi-ici.4i,\'III. The jxirl of Sitka, or Xovo Archan,.^elsk, ^hall be open to tiie commerce
and vessels of iSritish subjects for the space of ten years from the dale of the exchant^e of the
ratitk-ations of the present convention. In the event of an extension of this term often years
being granted tn any other pcjwer, the like extcn-icjn shall be granted also to Great liriiain.
.Vrticm- IX. The above mentioned lil.'crty 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 engaging not to permit the above-mentioned articles to be .sold
or delivered, in any manner whatever, to (he natives of the country.
NoTK.— By Article XI 1 of the treaty between Great Britain and Russia
signed January 11, 1S43, '* '^ stated that "It is understood, that in regard
to commeree and navigation in the Russian pos.sessions on the northwest
coast of America, the convention conchidetl at St. l\tersbin-g, on tlie ,^|th
February, 1825. continues in force."
N
o.
0/'
'//r Ocean, as
parties shall
"acific Ocean,
const as shall
■tricti(jns aiul
-ed upon the
t Ibr an illicit
land ai any
e governor or
111 permission,
dm whatever
iiitinent, shall
, all the rivers
^ of dcmarca-
Bai'oii Krudcncr to Mr. Dickins.
[Tkansl.vtion-.]
W.vsHiNcrroN.. JA/i' \\, 1833.
Tlie undersigned. Envoy Extraordinary and Minister Plenipotentiary of
His Majesty, the Emjieror of all tlie Russias, has tiie honor to address the
lollowing connniuiiiation t(j ^^r. Dii kins, who has charge of the Department
of Foreign Relations, during the ab^eiu .■ of the Secretary -.jf .State.
The convention conchRb tl between Russia and the United States on the
jlr of April, 1S24, regulated various points rtsjiecting the commerce and
navigation of the vessels of each nation, along the northwest ( oast of Amer-
ica. 'I'he fourth article of this conventinn grants lo .American vessels bjr ten
years after the dale (jf the signature thereof, tlie right of fretiiieiiting without
any hindrant e whatever, the interior seas, gulfs, harbors, and creeks (om-
priseil w ithin the limits of the Russian possessions on the aforesaid coast,
and espe(iallv northward of 54^ 40' of north latitude.
This jjeriod (d" ten years exjiired on tb.e {\ of April. 1.S54 : notwithstand-
ing which, two American captains, Snow and .Mien, who were then in the
port of Novo Archangelsk. declared their intention to visit the an( horitig
jilaces on the coast beltaiging to Russia, as I^efore, on the plea that they
had received no notice of the ces-ation of this ]irivilege from their (rovern-
nient. 'I'his declaration inuticed Ca])tain l^aron de W'rangel, ( lovernor of
^■P
66
the Russian Amcriian colonies, to state formally to Captains Snow and
Allen, by a circular addressed to them, under date of Ai>ril 27th, that by
the terms of the convention of A])ril, 1824, American vessels had no longer
the right of landing at their discretion at all the landing jjlaces of the said
possessions in America.
In consecpience of what is here exposed, the ministry of His Majesty, the
Emperor of all the Kussias, has ordered the undersigned to call the atten-
tion of the .American (iovernment to the fact that the fourth article of the
treatv of /'. of April, 1S24, by which indefinite and indiscriminate liberty
(inic libcrti' i/n/rji/n'r cf iiuUstinctc) of frequenting the respective possesions
of each part\-, on the northwest coast, was granted to the vessels of each,
has expired. The new state of things brought on by the terms of the treaty,
since the ex]>iration of the said ten years, not having been sufficiently appre-
ciated by the navigators of the United States, who have latterly frequented
the Russian possessions on the northwest coast of North America, it ai)pears
to be necessar\- that the Ameriian 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 tmdersigned, c^c,
15. KRUDENER.
No. ;8.
Mr. Dickiiis lo Baron Krudcner
Df.PARTMKN T OF StATE,
Washinctox,/////^' J, iSjs-
The undersigned. Acting Secretary of State, has the honor to acknowl-
edge the receijit of the note addressed to him on the 19th (3rst) ultimo, by
Baron Krudener, Envoy Extraordinary and Minister Plenipotentiary of His
Majestv, the Em])eror of all the Russias, reminding this Ciovernment of the
expiration of the fiiurth article of the treaty of ,^Y April, 1.S24, between the
I'nited States and Russia, which sectired to American and Russian \essels
the privilege ol" fretiuenting the resi)ective ])ossessions of the two powers on
the northwest coast, and suggesting the propriety of the adoi)tion of proper
ini'asures to iiotils this fact to the jieople of the I'nited States.
■|'he undersiLMied has the honor to inform Baron Krudener that he will
take an earlv
he avails, \-c,
iiortunitv to submit his communication
to tl
le President, an
d
ASBURV dic;kins.
67
No. 39.
Mr. ForsytJi to Baron Krudencr
Sir
Department of State,
Washington, June 24. j8jj.
I have the honor to inform you that your note of the iQth-^ist 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 pro-
])riety of making this event knuwn to the American ])ul)lic, has been laid
before the President for his consideration. As. however, the motives which
led to, and rendered expedient the adoi)tion of that article of the treaty of
1834, exist now in ecjual force, and as the arrangement has been found
mutually beneficial to the interests of the citizens and subjects, res]iectively,
t)f the contracting parties, without inconvenien( e to either, I am instructed
to ajiprize you that the President would i)refer not to take any active mea-
sures to interru])t the commercial intercourse between the I'nited 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
(iovernment for the renewal of the attit le reterred to. would not be met in
a favorable spirit by the (Juvernment of His Imjjerial Majesty at St.
Petersburg.
An earlv answer to this communication if vou are not aware of any
difficulty, on the part of your (iovernment in the way of such a negotiation,
will enable me, without unnecessary delay, to transmit the requisite instruc-
tions on the subject to the diijlomatic representative of the United States in
Russia.
I ])rav vou. sir, to accept, iV'c,
JOHN FORSYTH.
No. 40.
Baron Krudener to Mr. Forsyth.
[Thansi.ation.]
T'mi.ADEi.rHiA, ///;/^ 29. (////v //,) /(9?5.
The undersigned. Envoy Extraordinary and Minister Plenipotentiary of
His Majesty the Emperor of all the Russias. has received the n(.)te of June
24th which was addressed to him by Mr. Forsyth, Secretary of State of the
United States. Fie would have made it a ilut\ to answer it inunediately,
had the state of his health permitted.
WBi^as
68
The iindcrsigiK'fl iv^rets that it is entirely out of his power to ^^ive any
distinct ojjinion as to tiie result which might attend any steps on the part of
the Cabinet of the United States to engage the Covernmcnt of Fiis Imperial
Majesty to stipulate a renewal of the fourth Article of the treaty of the jVth
of April, 1824, which ceased to be in force last year. It being thus im-
possible for the undersigned to foresee the intentions of the Emi)er()r, he
can only i)ersevere in compliance with the orders transmitted to him by the
Ministry, and in repeating the demand which formed the object of his note
t)fthe V'l of Mav. 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 ex])ress no doubt as to the readiness of the American Ciovern-
ment to proceed to the publication requested.
The undersigned, \:c.,
B. KRUDENER.
No. 41,
Jlf/-. /u>rs\'/// !o Baron Krndcncr
Department of State,
Washington, ////t 21, iSjj.
Sir:
I h.ave received vouv note of the 2f;th June (nth July), declining to ex-
press aii opinion as to the |)robable result of an application on the ];art 0!
tb.is ('rovernment to that of His Imperial-Majesty for a renewal of the fourth
article of the convention of 1S24. between tlv.- I'nited States antl Russia, and
reiterating the rt. quest contained in your communication of the 19th (31st)
Ma}- last, thav the fad (jf the expiration of the term limitul in the article
referred to. should be. in st>me form, brnught into notice, fur the informa-
tion of the American public. I have, in answer, the hor.nr to state that a
forma! notice from the Government is not deemed ne<'essar}'. All the citi-
zens of the United States are bound to know existing laws, and their rights
and obbgiitions und'-r existing treaties. Still, however, as His Imperial
Majestv's Government has especialh' invited the attention of this ( lovern-
ment to the subiect, an informal notice will be given tlirough the public
iournaN o\ IJaron de Wrangel's warning to the cajitains of American vessels
on the northwest coast of this continent.
I will be verv hap])v to receive from you, as early as ])racticable, pre<ise
information of the measures His Imperial Majesty's Ciovernment has adopted,
or proposes to adopt, in relation to the subject, as corresponding regulations
ma\' be deemed necessary b\- the United States in regard to Russian subjects
in the event of tlie non-renewal of the treaty stipulation.
I pra\ you to acce])t, (!\:c.,
JOHN FORSY'IH.
the fyth
^Jj-
69
No. 42.
JUii-on Krudciwr to J/r. Forsyth.
[Tn.\N;,LAlIf)N,]
The undersigned, Envoy Ivxtraordinarv and Aliiiistcr PleniiJotentiary oi
His Majesty the Emperor of all the Russias, has iiad the honor to receive the
note dated July 21st, in which Mr. Jursyth, Secretary of State of the United
States, in re]jly to his communication of June 29, (July 11.) informs him
that the (Government of the United States intended tf) insert in the iiulilic
newsjKipers, an unofficial notice of the warning given b_\ Jiaron W'rangel to
the captains of American vessels on the northwest coast of this continent
respecting the expiration of the fourth Arti( le of the treaty of Ai)ril /y,
1824; expressing also a desire to receive from ihe undersigned, as soon as
possible, jjrecise information with regard to the measures which the Imperial
Government has adopted, or may adopt, on this subject, as corres]}r)nding
regulations with regard to Russian subjects may be considered necessarv in
case the stipulation 'of the treaty be not renewed. The undersigned has
without delay submitted to his (Government the said note of the Secretary
of State, and will communicate to him the results as soon as they are re-
ceived.
The undersigned. i.Vi-..
B. i.E KRUDIAER.
No. 43.
Air. Forsyth to Mr. \Mlki)is.
[No. 4.] Dep-vrpment of Siatf,
\Vasiii\(;t()n. ////r JO, /(^jj.
Sir:
I transmit to you, enclosed, the copy of a recent ( orrcspondence with
iiaron Krudener, the diplomatic representative of His Majesty the Emperor
of Russia at Washington, regarding the 4th articK; of the coinention of April,
1824, between the I'nited States and that Em])ire. It will l)e perceived
from these i)apers. that the Baron has taken occasion to renund this (Govern-
ment of the exijiration of the term limited in that article, and to re([uest that
a notification of this fact may be given for the information of the Amcican
public. An informal notii e has been act ordingly published in the GIoIh- of
the 22d instant, of Baron de Wrangel's warning to the < aptains of certain
American vessels trading with the Russian settlements on the northwest coast
of America. It will also be seen that, in answer to an intpiiry from this
Department, Baron Krudener iias declined to express an opinion as to the
70
prol)ablu result of a proposition to His Imperial Majesty's Government for a
renewal of the article referred to.
It therefore becomes necessary, and you are now authorized by the Presi-
dent's direction, to enter immediately upon a negotiation with the Govern-
ment of His Imperial Majesty, if it should l)e found willing to entertain the
jiroposition, for the renewal of the stipulations of the 4th article of the con-
vention of the 5th (lythj A])ril, 1824, for an indeiinite period, or, if this
cannot be had, for a term of years.
There is reason to believe that the course pursued by the Captain Baron
de Wrangel, Governor of the Russian American colonies, incidentally men-
tioned in the Baron de Krudener's letter of the 31st May last, has been
instigated by the Russian American Fur Company; and it is not improbable
that rei)re.sentations of a character similar to those made to the Governor,
and from the same source, have been transmitted to St. Petersburg. If
prejudices exist of the nature ai)prehended, and tending to defeat the object
now in view, they will be easilv discoverable in your intercourse with the
Russian Minister of Foreign Affairs, and you 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
suffered 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 1824, by the parties to that convention, exist now in etpial, if not super-
added force; since it will not be denied, that it has been mutually beneficial
to the citizens of both, without be'ig inconvenient to either. Serious objec-
tions on the part of Russia, thereiore, to the renewal of the stipulations con-
tained in it, can hardly be anticipated. Should this reasonable expectation,
however, be disa[)pointed, it is the wish of the ['resident that you should,
without unnecessary delay, obtain from His Im[)erial Majesty's Government
precise information in regard to the measures adopted, or projjosed to be
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 neces-
sary, may be made by this Government.
I am, iS:c.,
JOHN FORSYTH.
[F.NCLOSUKK IN Ml(. KoKSYTH's Nil. 4.]
Extract from thf " Globe'' nnospuper of July 23, iS^j.
It will be recollected that a convention was concluded between the United States and
Russia in April, 1824, regulating various matters connected with the commerce and naviga-
tion uf the two nations, on the northwest coast of America. Hy the 4th article it was stipu-
lated that the ships of both nations might, during a term often years, freiiuent, without hindrance,
the interior seas, gulfs, harbors, and creeks of each nation on tliat coast, for the purpose of
fishing and trading with the natives of the country, 'the ten years expired in April, 1834;
iient for a
the Presi-
: Govern-
crtain the
" the con-
Dr, if this
lin Baron
ally men-
has been
iprohable
jovernor,
)urg. If
:he object
with the
portunity
)f private
d not be
luctive of
parties,
the treaty
lot super-
beneficial
)us objec-
ions con-
)ectation,
11 should,
vernmcnt
led to be
s into the
i^est coast
ed neces-
k'TH.
71
and we understand that formal notice has het-n ^nven by the Governor of the Russian coloni<s,
to tlie masters of tlie American ships then trading there, that they couhl no l„n«er eiaim, under
the convention, the right of landing, at all the landing places, without disti. ction, l.elonging
to Russia on that coast. Those interested in the trade will not fail to observe ihat, under the
2d article of the convention, it is necessary for all American vessels, resorting to my point on
that coast, where there is a Russian establishment, to (.btain the permisMon of the governor or
commander.
No. 44.
Mr. Willatis to Mr. Forsyth.
[No. 14.] Legation ok the Unithd States,
St. Petersburg, iVi^rrw^v 23, 1835.
In the last despatch which I hau the honor to address to you, on the 26th
of September last, f informed you it was likely you would not again hear from
ine until after the return of the P:mperor and Count Nesselrode to this capital.
His Majesty returned on the ist instant, having been preceded a few days
b) his Minister of Foreign Affairs.
Immediately upon receiving from Count Nesselrode the usual witten
notice of his having resumed the duties of his official station, I addressed him
a note and recpiested him to name a day when I might have the honor of a
personal conferent-e. He mentioned the 4th instant. 1 waited ujjon him
accordingly at the foreign office, and disclosed to him the wishes of the
American Cover;- nient in reference to the renewal of the 4th Article of the
treaty of April, 1824', and held with him such conversation, and placed the
matter in that light, which seemed to me the most proper and in ai cordance
with my instructions. Upon the close of our conversation, I handed to him,
in writing, a memorandum of the [iroposal you 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 refer-
ence to the copies of the notes which I addressed to him immediately after
the conference, simply noting two observations wliich fell from him. '^ *
I have, i!v:c.,
WM. WILlvlNS.
States and
md naviga-
was stipu-
hindrance,
purpose of
.pril, 1834;
[Enclosuki! I IN Mr. Wilkins' Xo. 14.]
Mr. Wilkins to Count Nesselrode.
St. Petersburg, Aioi'evihcr i '\x), i8^;.
vl. J, ... ... ... .,, ' .., "^
-P -f^ -1- -h -f -1- ;i;
• Notwithstanding his very recent conversation with Count Nesselrode in
reference to the proposition of the American (Government to renew the expired
4th article of the treaty of April, 1824, the undersigned will embrace the
present occasion to repeat what maj then have been, in a very brief manner,
7a
rights
VLilialK represented, and to add a few remarks immediately hearing upon
that (|iiesti()n.
'Vhv diplomatic rejiresentative of His Imperial Majesty at \\'ashiiigt<-n
Citv JKiving taken o< < asion to remind the I'nited States of the e.\])iration of
the ten vears stipulated in the 4th.\rti(le of the treaty of 1K24, and to desire
thereon the acticjn of their < hiel nuigistrate, is indie ative of the ne( essity that
the two governments should, as early as convenient, come to a decision u]Jon
the poli' y hereafter to control their citi/ens and subjects, respectively, upon
the northwest < oast. Henc e it is that, under express instructions, the under-
signed had the honor, inunediately upon the return of his excellency Count
Nessehode to the (apital. to call his attention to the (jueslion, and to submit
to him his ]iroi)osal of (Jctober 23 (X(;vend)er 4), of which the undersignetl
delivered at the time a memorandum in writing.
'I'lie motives whi' h influeui e the Government of the I'nited States in
submitting that |)ro|)o^ition to the Imperial Ministry, will be found to arise
out of a consideration of the following circumstances:
ist. The desire to avoid any difti( ulty. anil apprehension of collision,
between the iniiabitaiits. traders, and fishermen upon that wild coast, so
remot-'h situated, but with very few and widely sei>aralid posts of < ivili/a-
tion, and the entire (ountry almost so exc lusivel\ oc( upied by savage tribes
as to render restraint and prcjper responsibility to the law, well nigh out of
the (jin '^tion with either (Government.
2(1. The i>roi)osed arrangement would render defmite and jjreci.se the
and duties of the subjects and ;i/ens of the contracting parties
respectiveh'. and would obviate all necessity to resort to a construction of
the remaining arti< K-s of the treaty of Ajjril, 1824, and would likewise avoid
an\ chancf of i ontlw ting interpretations of that instrument.
y\. SiiK e the undersigned had the honor, in their personal conference
the other tlay. to be iniormed b\ his excellency Count Xesselrode of the
arrangement relative to the trade a'.id intercourse upon the northwest coast
of America, subsistini: at ])resent between the governments of Russia and
Great Britain, he has turned to the ist and nth articles of the commercial
treaty of the 6th (iHth) of December, i<S32, between Russia and the United
States, and begs leave to call the-altention of the Imperial Minister to the
same articles, who will upon their peru.sal, see for himself how far their pro-
visions bear uiioii the present subject, and whether they may not give rise to
an imiuiry. whi( h may be rendered unnecessary by an ac(piies( eiue in the
propiised arrangement.
4th. Touching the especial matter in question, tb.e proposed arrangement
wcjuld. it is believed, place the three nations, Russia, England, and the
United States, upon the same fair footing, and up(jn the same equality, in
the enjoyment of a coinmunitv of ])rivileges.
In the i)erso!ial interview (u' the 4th instant (N. S.), his ex( ellencv Count
Nesselrode mentioned two 'ircum^tani es to whic h the undersigned will now
refer for a nKiineiit. One was, tiie objection entertained bv the Imperial
(luvernment to all trafllc in fire-arnis and s]iirituous li(jiiors. bv .American
citi/ens. with the native Indians. To this the undersigned now re[)li^'s, as
he did then \ ery succinctly, that it is believed the treaty of 1S24. <>)ntaining
astipulation against that traffic, inunediately [)ut an end to it; that there
have been no infractions since its ado|)iion — certainly none complained of
in rejjresentations to the Government at Washington; that, as a farther
assurance against infriui/ement
i]jon
ip
evidence of the sincere desire of his government to enforce it, the under-
signed, immediately after their conferen< e, enclosed to his excellency a copy
of a law ])assed by Congress, declaring certain prosecutions and penalties
against those wlio should offend against tliat provision of the treaty. And
the undersigned will, on this point, content himself hy acUling that li'ie aliove
traffic is now discountenanced and i)rohihited liy the present well known
and benevolent course of policy pursued by the .VinerH an (lovirnnieiil
towards the wild and uncultivated aborigines of the countr\ .
The other circumstance mentioned by his ex( ellency wa ; that, as the
Russian American Fur Comjiany were parti( ularly interested in tiie decision
of tlie (piestion, he conceived it t(j be his duty to <-onsult its directors ])efore
he could give a fina' answer.
It is i,ot often that tliosc who enjoy a monopolv under a liberal grant
from an indulgent sovereign will be willing even to moility. or |)ermit others
to ])articii)ate in, any portion of their privileges. Hut. in the present instanc e.
it must be recollected that su( h a (oniession is not einbra( ed in the |)ropi)-
sition submitted without a fair eijuivalent; for the pri\ilege to fish antl traffic
north and south of the latitude of 54''' 40' would rest u]h)]\ the just princi|iles
of recijjrocity.
Whether an) |)rejudices or individual interests exist, having a tendeiic\
to disincline His Imperial Majesty to assent to a renewal of the expired
article of the treaty of 1.S24. or how far stk h j^rejudices or interests, if thev
do manifest themselves on the |)art of individtsal gentlemen of the lirst res]jec-
tability, ought to influence the action of (Governments uiion a (juestion of
general im])ort and aflecting national and amicable intercourse, is not for
the imdersigned alone to determine. It is encjugh for him to know that the
views in 1S24, which produced the provision contained in the 4th article,
have been tested by experience, and the restdts. being miitualh beneficial
and convenient, prove their propriety.
To justify the presiun|)tion that the annual visits of American ships, in
the prosecution of their ailventures u])on the northwest coast, are sometimes
very convenient and must be beneficial to the Russiai^ settlements and ports
in that distant and not pnjductive climate, the imdersigned takes leave to
refer to a contract made within a i'i:w days by the Russian American Fur
C'ompany with an American citizen for supplies to their agents and jjorts for
the ensuing year.
Should the imdersigned, however, be disa])pointed in the reasonable
expectation he has forinetl. and the Imperial Government be unwilling to
entertain the proposal to renew, either indefinitely or for another term of
years, the jjrovisions of die article of the treaty referred to, he reijuests that
his excellency Count Nesselrode will tlo him the favor to inform him in regard
to the measures adopted, or j)roposed to be adopted, on the part of Russia
in relation to tlie admission of American ve.ssels into the harbors, bavs, and
rivers of the Russian settlements on the northwest coast of the American
continent. The happ\ understanding which prevails between the two gov-
ernments, the desire to avoid aii}' < asiial difference, and the pnjbable neces-
sity for corresponding measures, will reatiily indicate the motives whic h
prompt this retpiest.
Tlie undersigned cannot close this note without repeating, very earnestly.
his wish to be jiut in [jossession of the answer of the Imperial Ministry uiion
the two subjects to which their attention is directed.
The undersigned, iVc..
WM. WILKIXS. '
74
[KN1.I.I1SI!HK 3 IN MU, Wll KIN-.' Nn. 14]
Coufi/ Nc'ssc/rodc to Mr. Wilkins.
[ Tkansi.aiion. I
St. Petk.rsiu;r(!, N'ovemhcr ^, 1835.
'I'lir un(li'rsijL(ni.'(l. as lio had llic honor to annoiinci', did not tail to sub-
mit to thr l)i.'iiartinrnt of I'inani c the sulijc( t of thi.' inrinoranchini addrcsstjd
to him on the 2},i.\ ( )( tohcr (4tli November), by Mr. Wilkins, envoy extra-
ordinary and minister plenipotentiary of the United States of America,
respectini^ the renewal of the fonrth article of the treat) of April, 1S.J4.
■|"he undersigiu'd, as soon as he has obtained the o])inion of the proper
aulhoritiis and received the orders of the Kmperor, will immediately com-
municate to Mr. Wilkins the point of view under whi( h the proposition of
his (iovernmenl is regarded here. He, however, recjuests Mr. Wilkins to
bear in mind that the Imjierial (lovernment. in examining this |)roposition,
will lose sight of none of those considerations which should induce it more
strongly to cement the amicable relations now existing between the two gov-
ernments.
Contenting himself, for the present with this answer to the note of Mr.
Wilkins of the ist (i^lh) of Ncnember, the undersigned seizes^ &c.,
NESSKLRODE.
No. 45.
[No. 16.]
Sir:
Mr. Wilkins to Mr. Forsyth.
Legation o\- the United States,
St. Petersburg, Dccfinbcr w. 1835.
% if. -Jf. ^J * =!= -H
As I anticipated, when I last wrote, I held with Count Nesselrode, at the
foreign office, on Monday last, the 7th instant, a ])ersonal conference upon
my proi)osition to rer.' w, either indefinitely or for a term of years, the fourth
article of the treaty of April, 1824, and I regret to be compelled to say that,
in this effort, 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 [ should have to encounter the decided opposition
of the Russian 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 ciuestion of gain
in the traffic ujjon the northwest coast, but one of a higher character, involv-
ing i)olitical and national considerations; that, whilst I was very willing to
admit the more active connnercial enterprise and superior shipping of the
citizens of the United States, yet this was a cpiestion not to be decided by
such c ircumstances, but should turn upon the' consideration of our national
good-will and our amicable and disinterested reciprocal intercourse, -i^ * *
75
1 835-
il U) sub-
iddrcsst'd
■oy extra-
America,
S.J4.
lit' proper
tely cDin-
osition of
r'ilkins to
)pusition,
e it more
two gov-
te of Mr.
ODE.
-I:
de, at the
Mice upon
the fourth
) say that,
ul ; and I
• new and,
)pposition
sul)ject to
,' mind, I
on of gain
ir, involv-
willing to
ing of the
.ecided by
r national
e. 'i= * ;K
InasnuK h as it seemed to me. b) tlie language of your instruc tions, that
voii preferred an indefmile re\ i\al of the foiirtli arti( le, I drew up, to tliat
d\\:t t, the form of a treaiy, following, a^ a prei edent, the arti( le^ of our con-
vfiUion with Kngland of the 6th of August, i.S:;; ; which I sulmiittefl to, and,
at his desire, left in the possession ot ('ount Nesscb'ode. A ( np\ is iierewith
transmitted.
At the close of the conference. I re<iuested Count N'esselijde to give me
his replv in writing. He acnuiesced, aiul accordingly sent me his oftii ial
note, dated on the 2<Sth ultimo {old style;, and a ( o[)y of whi( h I have, also,
the honor to en< lose to \ou.
Diu-ing our conference. I did not t"eel mysell authorized to (all the atten-
tion of the Imperial Minister to what might, or [.robably would be, the
( onstruction by the I'nited States upon the treaty, with the fourth article
extinct ; nor what rule of the law of nations wduld be considered as applicable
to the casi', and controlling the trade upon a wild and extensive Americ an
coast, of a great and open ocean, and still, with the exc eption ol a very tew
posts at a vast dist.ance from eac h other, in the rightful cjccupancy c)f the
natives, and to whic h. I believe, the sovereignty ui Rtissia has not yet, in any
treatv or convention, been admitted.
1 found, also, upon turning to the treaty of 1S25. between Russia and
(beat Britain, subsequent to writing my note of the ist ( i;,th> of last month,
to Count Nesselrode, that my reference therein to the fust iiul eleventh
articles of our treaty of the 6th ( iSth) December, 1832. with this country,
had no bearing upon and was inapplic able to the cpiestion 1 was then fliscuss-
iii"-- because the stipulations in their treaty with C.rrat IJritain. similar to
that contained in our fourth artic le. were likewise limited to ten years, and
had exi)ired in February last. At the interview on Monday last. 1 gave this
explanation to Count Nesselrode, who answered my observations by saymg
that England had not yet applied for a revival of the mutual j.rivilege, and
if it should be agreed to with thai power, would, ot course, and of right by
treaty stiiailation, be immediatelv given to the United States.
=, ,: ^:: ^i= - =;= *
1 am informed that our vessels generally trade between latitudes 50" and
57^ and, occasionally, go still further north. The Engli.sh are always to be
found on the coast, have trading-posts established alc^ng it. some of which
are south of latitude 54'' 40'.
The principal establishments of the Russians are called Sitka and New
Archangel, towns situated ui^on adjacent islaucl. of their respective names,
off Norfolk sound, and in latitude 57" north. Ar. hangel is their chief place,
where they keep uj) a garrison, established in iSoo. of about seven hundred
men. They have other trading-posis, and two or three small garriscj)is
between Behring's straits and Sitka. In the winter season, when their ])eople
amount to about two thous-
are all collected at the posts upoi
-y
Thev now build vessels uiion the coast, and are increasing the numl
and.
Last year they had four or five s
hi
a burden frc^n one hundred and
mum
76
/
scvfiitv-fivT' to l\M> liuniircd iifid litty tons, and seven or (.'iL;lit sloops, or
siiiailcr vessels, of .ihoiil one hundred tons each.
■^ h; :K •-!; t- * *
I have, &<:.,
WILLIAM WiLKINS.
( Knci osi'in: 1 IN Mn Wii. kins' No. i6,]
/)/■'/// ('/ (I ion7H'nti(»} /riiri.'i/i^i; uulrjiiiiu-ly the fourth article of the treaty of
the ^^th of Aprif J824, ihi:i>ccii the I 'nilr,! States of Aincrica and the
linipt'ror of all the Ri/ssias.
Aki III 1'. I. 'I'lu' prcjvi^iiiii-. «( llic fuurlli urtii;l(' ofllic ixinvcnlioii, I'oiichuk'd hctwecu the
I ii'.ud Sliitcs of Ainciica and flis Iiu|)cri;U Mnjosly the I'lmpenir (if all the Kiissias, on the
5th (17th) ol' Api''. lS2^, ^lialthe, and they are hereby, reiu'-ved and iiidelinilely extended
aw cuntinueil in force in the same niaiiner as if all tlie [irox isions of the said article were
he eiii specially n-cited.
Ak III 1,1 II. It shall he conipcteiil, however, to either of the hiyh contracting^' jiarties, in
cpse either shduh'. think fit, at any time after the 1st day of January, iSj7, on giving due
i-otice of tvvelv months to ilie other party, to annul and ahroyale this convention, and it shall,
i'l such ca.se, lie accordini^ly entirely aiuudied and al>ro,<;aied, ailer the expiration of the said
term of notice.
Aki Id, K. III. Nothing; heiein contained .shall he (on-lrued to impair, or in an)' manner
affect, furthir than is expressly declared above, any ol the |;rovisions or stipulations ^jontained
in t!;e aforesaid convenlii.ii of llu 5lh (lyih) of .\])ril, lS^4.
[KNCioscitu V IN .Mit. U'li. kins' No. l*").]
(.'oitiit A''L-ss(Vr(>i/<- to Mr. U 'ilk ins.
[Tn\Nsr,AriuN.]
Sr. I'KTKKSiiURO, Novetnhcr 2<S, 1835.
The Imperial ^' verntneiil havin;., taken into consideiation the proposi-
lioi! in,ide hy thai, of iIh' United States, to renew the t'oin-th article of the
convention (d' 5lh (i/tli) of .\pril. i,S:'|, has bei'ii (oiuiiiced that it was
ini|)ossil)le to proii'.MUK e upon tliat siihjeei ' .Uil infonnalion had l»een ix-( eived
Iroin the iilai es whi-re the sari article would he entor< ed, siifTK ient to aiithor-
i/e an opinion ii|ion the propriety of such a ineasiiri The linperidl (Jovern-
iiunt cannot, however, e\pe( t to receive siu h inforiiiulion until towards next
siirin^.',. when it may be obtained iVom some of its officers, whonv a long
residence on the northwest coast of America has enabled to become well
a( qiiaiiUed with tin: interests and wants of the Russian establishments in those
< oiintries, as well as the inlliieiK c ahead) e.\er( ised upon tlieir prosperity by
the provisions of tiie said fotirth arlii le.
^:
:l;
* :H *
NKSSKLKDDI-:.
11
No. 46.
Mr. I-'orsyl/i to Mr. Pai/as.
[N"-,?-]
Dl I'ARTMENT 01 SXAIE,
Washington, May 4, iSjj.
Sir
I regret to have orcasion sn soon again to advert to a sul)je( l connected
wiih the claims of the United States to the right of trading with th'' natives
(if the countr)', and of fishing, on thi' iiortlnvest coast of tliis ( ontincnt.
N'oii will jjerceive from a perusal of the accompanying papers, that the
expiration of the 4lh article of the (onvention of 1H24 with. Russia, is not
unlikely to he attended sviih difliculties to our citizens fre(|uenting that
(oasl in [jursuit of lawful ohjcf ts. f'he leading features ol the case to
which vour attention is now iii\ited,- -the particulars of whic h are more
fully detailed in the em losed ( opy of a letter dated 24th November last,
from |. ('. loiies, . ousul of the Tnited States at the Sandwich islands, to
this department, and of the protest to which it refers,— are as follows : *
The American brig "1-oriot," Ulimi, master, sailed from the port (;f
( ia'ui on the 22d August last, bound to the northwest ( f)ast of America,
ior the jiurjiose of pro( inang pro\isions. and also Indians to hunt tor sea
otier on the said < oast. It appears that she made the land called Forrester's
Ion the 14th of September following, and on the 15th anchored in
and
th
e harOor o
f 'I
uckessan,
Sth
at
4utle 54^' 55' north, and longitude t_:;2'
\o
west: that on the iSth a Kussian armei
brig arrived m the
arbor ot
Tateskev, latitude vl" .^5' north, ami longitude 132' 55
.est ; that <in tl
'•ucicedim
(la\- llu
I .oriot '
as boarded bv (officers from the Russian
lirit:, w
ho ordered the captain of the .\merMan vessel to ka\.
the (lomip
ion
s of his Majest\ the l-anperor of Russia: that Captain I'-linn then
repaired on ho
ird the Russian brig, ^^llere the same or(l''rs were repeatei
to
him bv the ((unmaiuler
these orders wvw rei
b\ two armed
,ind proceed
that on tile 20th and 23d days of the same month
lerate<l : that on the 25th the " 1, oriot " was boar<led
ats from' the Russian brig. ;unl directed to get umler weigh
to th
e h: rbor o
f Tateskev : that on the 27th tl
le armed
boati-
;ii;ai
n boarded the Aineri<aii brig, and
)mp
died Xhv captain to proceed to
atesk
ev
that
when o
If that I
ilat e
the wt'ather In lUg
lirea telling
ler-
mission was asked
Russian < omnia
nder to enter the harbor witii the
Loriot," whi( h nipiest was (
lenied. and Captain l')linu was again (
irden
to leave the waters ol
Ins
Imnerial iMaiest\
aiu
1 that Captain Hliiin, beinj.
pre\ented Irom proi tiring siijip
les or necessaries
lor his vessi:
.111(1 Irfun
itaining any Indians (tor the purpt
•liged to abandon his voyage and rt
Hinting sea ott(,'r 1 was linally
'turn to the Sandwii h Islands.
where
arrived on the ist of Novembi'r of the -^anK' year.
'I'he harbors designated in Ca.ptain i'.lmn's protest by tl names of
ucki'ssan and
Tat.
skev
are no
t laid down on any map to wliu h
have
• For these luin-rs see Seinle 1 )<i. iiiiieni;, i, .i-jl
ill e'ol)^;rc-.s. 3(1 Sessiiiii.
78
referred, and the de])artinent has no knowledge of any Russian establish-
ments having been formed on the northwest coast or adjacent islands, in or
about the latitude given for these places. It will, therefore, be proper to
as< ertain whether there are, in fact, Russian settl'-ments at the points desig-
nated, and, if so, you are authorized to make a representation of the whole
subject to his Inijierial Majesty's (lovernment, comj)laining of the pro-
ceedings in relation to the "T,oriot," which are supposed to have beeii
unauthorizedly instigated by the Russian American Fur Company, and
stating tlial tiie President cannot but regard tliis act as one of a most un-
friendly cluiracter. as tiie United States have liad no official or other notice
of the existence of su< h establishments, and have not, although an applica-
tion has long since been made for them, ever been furnished by the Russian
Government with the regulations, conse([uent on the exjiiration of the 4th
article of the convention. pr()])osed to be ajjplied to American vessels resort-
ing to Russian settlements on that coast.
(Jn the other hand, should there prove to be no Russian establishments
at the places mentioned, this outrage on the "Loriot" assumes a still graver
aspect. It is a violation of the right of the citizens of the United States,
immeniorially exercised, and secured to them as well by the law of nations
as b\- till,' stipulations of the first iirti( le of the ( (invention of 1824, to fish
in those seas, and to resort to the coast, for the prosecution of their lawful
commerce upon points not alreadv (xxnipied. As such, it is the {'resident's
\vi>-h that you should remonstrate, in an earnest but respectful tone, against
this groundless assumption of the Russian Fur Com])an\-, and claim from
His Imperial Majesty's Government for the owners of the brig "Loriot,"
for their lossi's and for the damages they have sustained, such indenmifica-
tion as may, on an investigation of the case, be found to be justly due to
them. I am, t\;c.,
JOHN FORSYTH.
No. 47.
Mr. Dallas to Mr. Forsyth.
[No. 6.]
Sir:
American LEfiAxioN,
St. Petersrurc;, August r6, [837.
=1= :|; H« * * * :i:
Among the special duties assigned to me in the instructions from the
department, are tliose relating to the renewal of the 4th .irti. Je of the treaty
of i8j4. by your despatch No. 2, and those arising out of the case of the
.'\meri( an brig, '• Loriot," Richard 1). P.linn, master, by your despatch No.
,3. 1 have been anxious to address myself to the Im|)erial Ministry on both
these topi( s, the mutual (onncf tion of whi( li is apparent ; but anticipating,
at the oiitMl. nnu h difficult) in accomplishing any purpose o])posed by the
79
n establ i sh-
all ds, in or
)e projjer to
oints desig-
f the whole
f the pro-
I have lieen
il)any, and
a most un-
)ther notice
an a])plica-
the Russian
1 of the 4th
ssels resort-
;ihlishments
still graver
ited States,
of nations
B24, to fish
their lawful
President's
ne, against
claiin from
" Loriot,"
idemnifica-
stly due to
SYTH.
-1 from the
the treaty
ase of the
'spatrh No.
ry on l)oth
iticipating,
sed by the
Fur ('om])any, prudence inijiels me to acquire, if possible, with more accur-
acy than I now possess it, information as to the extent of the Russian estab-
lishments on the northwestern (oast and the periods of their respective
( oniniencements. My efforts in London to ascertain the positions of the
two liarbors referred to by I'aptain blinn, 'I'uckessan and Tateskey, and
tlieir real character, were abortive ; the geographer on »vhoin I i)rinci])aliv
reUed writing to me. the evening before 1 left the British metropolis, that
his searches proved unproductive. An in(iuu-y. to be cautio'isly conducted,
has been set on foot since my arrival here, in the hopie tliat some of the
officers of the Russian navy, or some communicative member of the Fur
('omi)any itself, mav possess the facts I want, and mav enalile me to move
with less doubt and less danger of mistake. Although Irom the language
of Captain Blinn's protest, I am led to believe that Russian establishments
have been made at tlie ])laces where he ex])erienced the interference of
which he complains, it would not seem politic to l)egin the negotiation by
an admi.ssion, which, though it might leave the unfriendliness of the pro-
ceeding for comment, must weaken, if not wholly destroy, his claim for
redress. As soon as the impiiry instituted shall either su( ceed or fail, the
subject will be o])ened to ("ount Nesselrode, and 1 cannot anti( ipate more
than one or two weeks of additional delay.
Permit me, while on this topic, to remark, that I cannot hel]) foreseeing
some perplexity from the constniction which will be urged by the Russian
Ministry for the treaty of 17th April. 1824. The ///-.v/ arti< le asserts for
hiith countries general and permanent rights of navigation, fishing, and
trading with the natives ui)on points not occupied by either, north or south
of the agreed parallel of latitude, subject to enumerated restrictions, among
which is \\\^ fourth artic/i , limiting, as it would seem, the exercise of certain
of these very rights to a term of ten years. Our negotiator, Mr. Middleton,
as he explained in a subsecpient despatch to the Department of State, con-
templated no abandonment of their rights either in i)rincii)le or as a com-
promise, in the present or future time, but on the contrary repelletl a clau.se
proposed to him ex[iressly for that purpose, and regarded the fourth article
as enlarging, not restricting, the pri\ ileges provided for in the first. My
conviction, however, arising from the language of the Russian precautionary
record or protocol (which Mr. Middleton rather avoided than rejected), is
that Comit Nesselrode will deem himself and Mr. Poletica to have attained
by this fourth article, though with the use of other worfls, the substance of
the clause to which Mr. Middleton objected, and that he will consider both
(iovernments to have buried all controversy about the rights incident to the
prior discovery of savage and unoccupied lands, and to have consented
that, at the expiration of the ten years, the United States should be
esteemed to j^ossess in full domain the (cast and islands to the south, and
Russia the coast and islmds to the north, of 54" 40' north latitude. He
may ask, and with some plausibility, with what other object the f.urth
article was fijimed? It uses no phraseolcjgy tantamount to " fs/aMs/mt/tis"
„ .,i^k^,:"-
8o
ox "■ scttlcmi'iits,''' m '' N'ints already occitpifil\^' hut protects from any hin-
drance for ten vears only the i)o\ver to fre(|uent the interior seas, gulfs, har-
bors, and creeks upon the coast, for the purpose of lisliing and trading with
the natives; a power already duly enunciated iK'ithoiit liniit <>/ tiiiii\ for both
countries, by the first article; and, if it was not intended mutually to yield
the iiowe*- in relation to the sections divided by the parallel of latitude at
the expiration of tlie term, why disturb the operation of the first article at
all? A closer analysis of the negotiation of 1.S24 may possibly dispel these
suggestions ; or it will give me jjleasure to find my apprehensions removed
by the ( andor of the \'ice-CJhan( ellor ; and, at all events, I shall never
acf|uiesce, imtil instru( led 10 do so by you, in a construction so opposite to
the intentions of Mr. Middleton, and so conclusive as to all further claim of
the United States.
;ic :i; H« :!= -!■■ ;i< *
1 have, i,Vc.,
(;. iM. J)AI,1,AS.
No 48.
Mr. Dallas to Mr. Fo, syih.
[No. 7.] .\mf.kiian Legation',
Si'. Petershurg, Srpfcfii/'cr ^, ^^^S^
Sir:
Since my last, dated the i6th of August, 1835, and sent by the courier of
the Knglish legation; 1 have addressed to Count Nesselrode the communica-
tion of which a copy is annexed.
>H ;i; ii< ;t; ■:■ ■■'■:. *
I have, (.Sjc.,
Cr. M. DALLAS.
[ I''.NLr.(iM nL IN .Mk. Oai.i.as' No. 7.]
Mr. Palln'^ to Count Xesselroil'
A.MKRI. \N I.I'.i.ATl'lN, Al/^f'^f 15 (27), I.S37.
The iiiuhrsigned, envox t xtruordinary and mini^ler plenipotentiary of
till' Liiited States of America, has the honor \eni iVM|»ecl'nitlv to iinite the
attention of his ix( ellency the Vi.x'-('han( ellor oi ihe K»«t|Hre to the follow-
ing siibjei t. spci ially given tin ]\m\ in ( liargt- as cr>lling ft»rav, -.arlv submission
to the (onsidcration of the Inijitrial (lovernmen;.
it will doubtless t)e remenilKrred that l)v thi pei<i»«*»i*jrl .-onvenlion of the
5th (17th) of \|iril, 1.S24, >igned by his excelk-m v lY)i!M>t Nesselroile and
Mr. i'oletitaon behalf of Russia, and l'> Mr. Hk-nry MidiUeton on behalf of
the Lnited Slates, it was agrecil that in any |iittt cia tlK.- great ocean commonly
(iiihd the Pa- ifh Oiea.n, or South Sea, I lie ift->^ect;ve citizens or subjetts of
the high ( (intrai tin,i; powers sliould be neither disturbed nor re^tra'neil, eithtr
8 1
, any hin-
gults, Invr-
ding with
, for Ixitli
y to yield
atitude at
article at
spcl these
i reniuved
lall never
pi)()site to
r claim of
LAS.
courier of
mniunica-
J,AS.
entiary of
iinite the
he foUow-
uhmission
ion of the
Inule and
behalf of
omnionlv
.UiiKtts of
leil, either
in navigation or in fishing, or in the power of resorting to the roasts, upon
points whirh may not ah-eady have hi'en ..(•(•ui)ied, for the puri)ose of trading
witli llie natives; that, to prevent tlie rights of navigation and of fishing,
exercised upon the great ccer.,,, from hc( oming the pretext for an illicit trade,
the citizens or subjects of either country shouUi not res(jrt, without i)ermission,
to any establishment of the other; and that there should not be formed to
the north of fifty-foiu- tlegrees and forty minutes of north latitude by the
citizens of the Cnited States, nor ..outh of that parallel by Russian subjects,
any establishment upon the northwest coast of Americ a. It was declared by
the fourth article to be understood that during a term often vears, counting
from tile signature of the convention, the ships of both counti'ies respectively
might reciprocally fre(|uent, without au\ hindrance whatever, the interior
seas, gulfs, harbors, and creeks upon tlie sail! < oast, for the purpose of fi.shing
and trading with the natives.
The permanent ])owers to navigate, to t"ish, and to resort to the ■.oasts
upon tmoccui)ied i)oi,its, \\ order to trade with the natives, thus nuituallv
recognized in a s|)irit of forecasting friendship, which removes, bv explicit
assurances, every possible cause (;f co'lisiou or jealousy, and has always char-
acterized the relations and intercinir.se of the two governments, would seem
to be unefinivocally distinct and precise. It is to a vague and perverted
condition of things, co'nse(]uent, in a great degree, upon the ex])iration of
the tem|)orary provision of the foiuth arti< le, much rather than to any inim-
ical national policy, that the imdersigned imputes the incident, so detrimental
to the interest of an American citizen and so incompaiibie with the rights of
In's country, which is now sulunitted to the just and c;indid consideration of
his excellency Count Nesselrode.
[Hei'e follows a statement of the case of the " i,(U-iot," substanlialh the
same as that given above in Xo. 46.]
The undersigned is imwiiling {(> make to hisexcellencv C.nnit Nesselrode
the remarks luiturally suggested by this brief statement of facts ( who.se authen-
ticity he cannot doulit;, until every reasonable auii just o|)])ortiinity shall
have Ikh'M given to the Russian officers implicated to temper, if ])ossibie, their
harshness bv e\|ilanation. His firm confidence in the dispositions hereto-
f ire ex|)ressed and manifested towards his countrv precludes his su]»posing,
for one moment, that a proceeding so unfriendlv in its nature and circum-
stances, and so inconsistent with th.e rights of Ami'rican citizens, immenior-
ially exerci.sed and secured bv the laws of nations, as well as bv the stipulations
of tlie lirst article of the treaty of iNj.p was aiuhorized by \\\> Imperial
Majesty's (lovernment, or can receive its sanction.
Nevertheless, it is made tlie duty of the undersigned earnestly and most
respectfully to remonstrate against such an unwarranted aggression by per-
sons enjoving the chara( ter and using the means of agents in the Russian
service, and to claim, as lie now d(;es, from His lni|)erial Majesty's (lovern-
ment, for thelossesand damages sustained by theowuers of the brig " Lorioi,"
Nuch indemnincation as may. on an investigation of the case, be found justly
their due.
In the sincere hope that an early and happv adjustment of this business
mav arrest its tendency to excite unkindness of feeling between the citizens
and subjects of the two countries, the undersigned avails, iSjc.,
(1. M. DALLAS.
6
■I^w
82
No. 49.
;]/r. Forsvl/i lo Mr. I^allas.
[No. 4.] I)Ki>.\KrMi:M- 01 SlAlK,
\\'.\siiiN'(;r()N, Xir,'iiiihcr J, iS'jy.
Sir:
Your (kspati 1k-s. Nos. 6 and 7. of llu' i6th of August and 8tli of
Sc])t('inl>rr, rcspfctivrh', have liccn duly received, and subniilted lo the
President, 1)\ whom I am tlirected to make the followint,^ ()l)ser\ations, with
reference to Nour remarks rei^ardinj; the proper construction of the conven-
tion of Ajiril, 1.S24, hetweeu the I'liited States and Russia.
'The hrsl article of that instrumi'nt is oidy declaratory c)f a riL,dit which
the ])arlies to it possessed, under the law of nations, wi.iioul conventional
sti])ulatioiis, to wit : to navigate and fish in the ocean u|)on an unoccu-
l)ied coast, and \.-) resort lo sucii coast for the pur[)ose of trading with the
naliv es.
The second arti( le prohibits the one part\' from resorting to points, oc( u-
pied bv the other, without permission.
The third article prevents each ])arty from occupying new points within
certain limits.
'I'he fourtli article grants permission to either party to fre(|uent, for a
S]ie( ified term, the interior seas, gulfs, harbors, and creeks, upon the wh(de
northwest coast ol .\meri( a, without regard to limits or occupation, for the
purpose of fishing and of trading with the natives of the countrw
rhei|uestion is as lo the meaning and object of this last mentioned
article. 1> ii to be iuterpretetl as an agreement by either of the |>arties to
abandon, after a specified term. tln' right to resort to any part of the coast
whii li is unoc( u,Med ?
If the fourth article is to be considered as ai)i)li( able to ports of die
coast unoc(upied. t'len it niereh' provides for the temporar\- enjovment of
a privilege which existed in perpetuitv. under the law of nalions, and
whi( li has been expri'ssh declai'ed so ti> exist bv a previous articU' of the
coiwention < 'ontaining Ud provision. llierefoiX', not endiraced in the pre-
ceding .irti( le. it would be u-eless, and of no effect. but the rule in regard
to the coiistriK tiou wf an inslnunent. of whatever kind, is. that it shall be
so construed, if pdssible, as thai ever\ p.nt may stand.
[f lh> article be construed to in( hide points of llu' coast alreadv occu-
pi'_'d, it then takes effect, ihiis far, as a temporarv exception to a perpetual
prohibitioii. and the only ( onseipient e of an expiration of the term to which
il is limit'-d would be the immetliate and continued ope',\liou of the i)ro-
hibition.
It is still more reasonable to t»n»K>rstand it, howeveV, .is intended to grant
permission to enter interior bays, etc., at the mouths of which there might
be establishments, or the sKivres of wlm h might be in part, but not wliollv,
occupied b\ sm h establishments ; thus providing for a case whic h would
S3
/,?'•*-
/'\)/
ul Sth of
.'(1 U) the
oils, witli
c conven-
glit wliicb
ivfntit)n;il
1 iinoccu-
; with tlie
iiUs, (>('( li-
lts within
iciit. tor a
ilic whole
n. for the
ni-ntioned
larties to
the coast
rts of Jie
ivmeiit of
ions, and
I le of tlie
n the 1 (re-
in re.uard
t shall be
adv o(<'ii-
perpetiial
II to which
>f the jiro-
d to grant
lere might
Kit wlioll)',
ii( h would
otherwise ndniit of doiilit. as without the 4th article it wfiiild he iiiieslionahle
uliether tlu- bays, etc., described in it belonged to the first or second article.
Tn no sense can it be understood as implying an acknowledgment on the
|iart of the United States of the right of Russia to *ln' nf)ssession of the
coast above the latitude of 54" 40' nortli. It must lie taken in connection
with the other ariicles of the convention, which have, in fact, no reterence
whatever to the tiuestion of the right of jjossession of the iinocciipii'd parts
of the coast. In a sjiirit of compromise, and to prevent future collisions or
difficulties, it was agreed tluat no new establishments should be formed by
the respective parties to the north or south of a certain |)arallel of latitude,
after the tonclusion of tlie agreement ; but the (piestioii of the right (jf
possession beyond the existing establishments, as it subsisted previously to,
or at the time of, the conclusion of the convention, was left untouched.
The I'nited States, in agreeing not lo form new establishments to the north
of latitude 54*^ 40' north, made no acknowledgment of the right of Rus-,ia
10 the territory above that line, if such an admission had been made,
Russia, by the same construction of the article referred to, must have
acknowledged the right of the United States to the territory south of the
ilesignated line. liiit that Russia did not so uiulerhtaiid the article, is con-
clusively provetl by her having entered into a similar agreement ( 1S25") with
(Ireat IJritain ; and having, in fact, acknowledged in that instrument the
right of ])ossession of the same territory by (ireai liritain. The I'nited
States can only be considered as acknowledging the right of Russia to
ac(piire, bv ac tual occupation, a just claim to nnocciijiicd lands abo\i' the
latitude 54° 40' iif)rth, and even this is mere matter of inference, as the con-
vention of 1.S24 < oiitains nothing more than a negation of the right of the
United States to occii]iy new jxiinls within that limit.
Admitting that this intereiu e is just, and was in contemplation of the
parties to the ( onvention. it cannot follow that the United States ever in-
tended to abandon the just right a< knowledged by the first article to belong
to them under the law of nations, — lo freijiient any j)art of the unoccupied
coast of North .America tor the purpose of fishing or trading with the
natives. .All that the convention admits is an inferenc e of the right of
Russia to ac(iiiire possession by settlement north of 54- 40' north. Until
that actual possession is taken, the first article of the convention acknow-
ledges tin.' right of the United States to fish and trade as prior to its nego-
tiation. 'I'liis is not only the just construction, but it is the one both ]iarties
are interested in putting upo
1 the instrument, as the bene
.>fits
are e(|Ui
U ant
mutual, and the object of the convention, to avoid converting the exercise
of a common right into a dispute about exclusive iirivilege, is secured by it.
I am, ii:c.
JOHN FORSYTH.
84
No. 50.
Mr. Hallax to Mr. Forsyl/i.
[No. .5. J
Sir:
Lkoaiion ok iiik 1'nmii:u Siaiks oi' Amkkk \,
St. I'Ki'Kusm'Kc;, Marili 19, iS^^S.
The (k'|uirlun' of a courier from the lirilisli Legation to-morrow, eiial)ies
me to forward to \()U (opies of two notes whicli have recently passed between
Coimt Nesselrode and myself. They originate in the rlaim athanced on
behalf of the owners of the '" I.oriot," agreeably to your instructions of the
4th of Mav. i'S,V/- Their interest, however, is far more extensive; the
demand for private indemnity being merged in a question of national right,
and the interpri'tation of the treaty negotiated in 1824 by my predecessor,
Mr. Middleton.
* * * •■:• :i: * *
I have, lie,
G. M. I)AI,r,AS.
[Enci.hsuhk I IN Wk. I>ai.i,as' No. 15.]
Count Ncssdrodc to Mr. Dallas.
[TKAN^L.-XTInN-.] ,
Sr. Pr.TKRsiuRc. J'cl'ruary 2^5, wS^S.
Mr. Dallas. Lnvov I'Atraordin;'ry and ^^inister i'lenipotentiary of the
United .States of America, by his note of tlie 15th (27th) of August last, has
thought nroper to interpose in behalf of the claims preferred b\- Rithard
Blinn. a citi/en of the United States, and master of the merchant brig
"Loriot." It appears from the above-mentioned note, that in 1S36, this
vessel having sailed for the northwest coast of America, arrived at Forrester's
island, in latitude of 54 degrees 55 nn'nutes north, with the intention of
emplosing the natives in hunting tor sea-otters, and that a {k:\\ days after his
arrival he was ordered off by a brig of the Russian American C'oini)an.y, witii-
out having been able to pursue his project. Mr. Blinn., in virtue of the
stipulations of the convention of the 5th (17th) of April, 1S24, and especially
of the ist article of that convention, now ]>refers ( omplaints against the con-
du( t of the Russian brig towards him ; and asks indemnification for the losses
sustained in const'(|uence, by the projirietors of the "Loriot."
A claim of this nature, presented, too, by the representative of a power
with which Russia is anxious to cultivate the most friendly relations, deman.ded
the most serious attention on the part of the Imperial ntinistry. The Russian
American ( ompan\- was accordingly a.sked, without delay, for minute infor-
mation respecting all the (irciunstances connected with the above-mentioned
facts, in order tliat it might be examined with an entire knowledge of the
affair. Tins information lias riot yet reached the Imperial miitistry, as the
Russian Ameri<an ('ouipan\- has not to this moment received any special
rejjort <-on'er!iing the ordering off of the "l.oriot." Tt appears, however,
from the ( in umstances as stated in the ver)' note of Mr. Dallas, as well as
<^s
-A,
(1 l)L't\VC'L'11
aiKX'd oil
:)ns of the
isivc; the
iiial right,
cclecessor,
,I,AS.
:iry of the
■it hist, has
i\ Rithard
:hant brig
1S36, this
[•'orrester's
tention of
,s after his
lai^y, with-
tue of tiie
especially
■it the con-
r the losses
>f a power
(lemaiuled
he Russian
mite infor-
ineiitioned
dge of the
itry, as the
my s])ecial
, however,
, as well as
Irom a (li'positKin iiuulr hy one of the officers re* entl\' returned Ironi tliose
( oiintries, that in notifying Mr. Richard Blinn to (piit the shores where he
was. the coniinander of tiie Russian brig diil nothing more than conform with
the instructions given to liim, at the expiration of the 4th artide of the con-
vention.
I'.y examining the stii)ulations of that (onvention. with thesjjirit of equity
ulii( h marks the character of Mr. Dallas, he will I, ■ convinced that the
Ini|)erial (iovernment cannot ai knowledge tiie justice of the (omplainls of
Mr. IJIinn.
It is true, indeed, that the ist article of tlie convention (»f i,S.- \, to wirich
the proi)rietors of the "Loriot" ap|ieal, set iires to the citizens of the United
Statt'S entire libert\- of navigation in the Pacific Ocean, as well as the right
of landing without disturbance upon all points on the northwest coast of
America, not already o( cupied. and to trade with the natives. Hut this lib-
erty of navigation is subjet t to certain conditions and restrictions, and one of
these restrictions is that stipulated by the 4th article, which has specially
limited to the period of ten years the right on the part of the citi/ens of the
United States to fretpient, without di^.turbance, the interior seas, the gulfs,
harbors, and creeks, north of the latitude of 54 degrees 40 minutes. Now
this period had expired more than two years before the "Uoriot" anchored
in the harbor of 'I'uckessan. In 1835 the Emj)eror's minister in the United
States had received orders to call the attention of the cabinet at Washington
expressly to the circumstance of the ex])iration of this period; and in con-
se([iience of the official note addressed on this subject b\ Uaron de Krudener
to the Secretary of State, the Government of the United States caused to be
published, in the Washington newspai)er, a statement th.at, as the i)eriod of
ten years had expired on the 4th of Ajnil, tST,4, " the (}(jvernor of the Russian
colonies had formally notified the commanders of American vessels in that
(piarter that they could no longer claim, under the convention, the right of
landing without distinction, at all the harbors belonging to Russia, on this
coast."
If, ',. n, notwithstanding so formal a warning which the GovtTnnicnt of
the United States had itself aided in conveying to the knowledge of the citi-
zens of the Union, the owners of the ''Loriot" ventured upon an expedition
to coasts where they had for two years been interdicted from landing it ai)])ears
that they should attribute only to themselves the ill success of this enterprise,
and that the Im])erial Government cannot admit tiieir claims, nor acknow ledge
their title to indemnification. In communicating these observations to Mr.
Dallas, the undersigned flatters himself with the belief that he will admit the
justice of them, and cause them to be viewed in the same light by liis (Govern-
ment.
In this lio])e he [)ravs the envo\ to accejit, (Jtc,
NESSELRODK.
[ENCLOstiRR 2 IN Mk. Dallas' No. 15.]
3fr. Dallas to Count Ncsselrodc.
St. Pi'-.TERsnuRo, 5th (17th) March, 1838.
The undersigned. Envoy Extraordinary and Minister Plenipotentiary of
the United States of America, had the honor t(i receive the answer of his
excellency ('otint Nesselrode. \'i',x-("hanceHor of the emi)ire. dated the 23d
February, 1838, to the communication which the undersigned, conformably
86
to thr sjicc i;il charge of his Government, addressed to his excellency on the
I5lh (271I1) (if An,mist. 1837, in relation to the interference of certain ot his
Imperial Majesty's armed forces with the merchant brig "Loriot," owned
and commanded by citizens of the United States, and |)roseciiting a trading
voyage to the northwest coast of America.
The remoteness of the regions where the incitlents occurred, wiiicii con-
Siitute the foundation of the reclamation on behalf of the parties injured,
and the known difti( iiltv of obtaining circumstantial details of any event in
that ([uartir, connected with the assurance of his excellency that the
Imjiterial Ministry had given to the subject its serious attention, must have
engaged the undersigned to ])rotracte(l silenc e, under the c onviction that
every thing whi( h the justice of the ( ase rccjuired, would ultimately be
attained. The note, however, of his excellency, if accurately understood,
dispenses with the necessity of additional information, and, adopting the
statement of facts derived by the American (lovernment from its citizens,
would seem to remove all motive for further delay. An early notice, there-
fore, of the grounds upon which a recognition of the claim has been
dec lined, is imjielled alike l;y a j^rofound respect for the source whence they
emanate, and by a sense of the peculiar imjKjrtance with wliic h they bear
u])on the relations and interests of the two countries.
The light in which the President of the United vStates regarded the
treatment of ("a])tain Blinn, jtrecluded the possibility of his ' supposing it
warranted by the public authorities of Russia. He will hear, with painful
surprise, that the sulxjrdinate, by whom that treatment was inflicted, cJid but
obey the instructions with which he had been furnished in consecpience of
the expiration of the fourth article of the convention of 1824. It will be
recollected that more than two and a half years ago, the American Secretary
of State. Mr. Forsyth, in a letter cjf the 21st of July, i<S35, addressed to his
Imjjerial Majesty's Minister then at Washington, the Baron de Krudener,
expressed a wish to receive, as early as practicable, precise information of
the measures his Imperial Majesty's (iovernment had adopted or proposed to
ado])t in relation to the aclmi.->sicjn of American vessels into the harbors,
bays, and rivers of 1 he Russian settlements on the northwest coast of the
continent; that this recpiest was reiterated by Mr. Wilkins, the [>redecc-'ssor
of the undersignec], in a conmiunic ation of the ist of November, 1835; and
that his excellency Coimt Nesselrode, in answer thereto, referring to the
sjiring of 1836 as the earliest jieriod at which an exact knowledge could be
obtained of tlie measures which the local authorities had adoi>ted. or which
it would be !iec:essary tcj adcjpt, left no room to doubt that they would then,
(jr as soon as digested, be made known to the American Government. This
information, so desirable as a basis for any corresijonding measures to whic:h
the United States would have been urged by their uniform dispositions of
amity towards Russia, as well as by a ])rovident attention to the regularity
and security of their own commerce, has never been imi)arted. Had the
purport of the instruction, under which the "Loriot" was violently seized
and driven from her voyage, been comnumicated, it would not have been
allowed ti) work injury and loss to unoffending jjersons, without at least
being Hrst made the obje< t of candid remonstrance, or of jjrecautionary
notice. .And the President of the United States, unapprized of these regu-
lations, or of the jiarticular points of the northwest coast on which Russian
establishments were newly formed, c-ouhl not but view the abrupt proceeding
to which (.'a|)tain I'lliim was subjected, as an act, under any aspect, of the
most unfriendly charac ter. How fat this sentiment will be changed or
i]u:ilinecl by unexpec teclly finding the slight on the .American flag, and the
armed opposition to Americ an trade, to have been ordered, and to be now
87
■ on the
11 ot his
owned
trading
sanctioned, by the GovernnK'nt uf his Ini|ii'ri;il Majesty, upon the |iiin( iplos
stat<.(l, tlic inutLTsif,Mie(l cannot venture to foresee.
Nor is the "in;"ornial notiie" (i)inK l)efore the nndersij^ni'd ) puMislud,
at the repeated re(]t:est of i-aron de Knulener. in the Washington '•(ilobe"
of the 22d of Angiist. 1^;^$' '"• which his ex( ellency has referred. siisceplii)le,
in the estimation of the undersigned, (jf a construction which (an as( ril)e to
the Ainerii an (lovernnient, <jr any of its ( itizens, the knowledge that a voyage
like the one ( onteniplated by Captain lilinn was inconsistent withanv colonial
interdict or general pretension of the Inii)erial aulhorit'es. Farfroniit. I'hat
publication, while characteristic of tiie tVank and con'iding readiness with
whi( h tile American Kxeciitive pro( eeded to exec ute a nish exjjressed bv a
power wliose intercourse and relations inspire no distrust, compels, as is con-
ceived, with unfeigned difference, the opposite construction, and imports a
recognition of the entire lawfulness of such a voyage. In this spirit, and in
this only, was it originally framed, and has ever sine e. without a ipiestion,
been nnderstoo<l by the (loNernment ami peo|)le of the United States. True,
it adverts to a notice issued by the ( lovernor of the Kussian colonics after the
expiration of the 4th article of the Convention, to the effect that the masters
of American vessels could no longer ( laim the right they enjoyed mider
that 4th article of landing, at all the lan(Ung i)laces. without distinc-
tion, belonging to Russia on the northwest coast: and it further proceeds
to observe to'all interested in the tradt.' that, under the 2<\ article of the same
( v)nventi()n. it is necessary tor all American vessels resorting to anv ])(iint
where there is a Russian establishment. t(j obtain the ]iermission of the gov-
ernor or commander. To the scope or ]ihraseology of this " inlormal notice,"
it is believed IJaron de Krudener ne\'er. orallv or in writing, took the slightest
exceiJtion. it will surely be jterceived by his excellem v Count Nes.selro(le,
to contain no inhibition of trading voyages generally to the northwest coast
of America; but. on the contrary, to conline its admonition exjiressly and
l)recisely to '' laiidiii}^ places />f/t>ni:;ui<^ to A'//.ss/a,'" and to " (un point on tin-
coast 7C'/ir/r tlicrc is a Russian establishment.'" Such landing places, and such
points were alone sui)posed to be embraced in the notice of Ciovernor Wrang<'I,
and were alone designated in the public ation. American voyages to them
were no longer as unembarrassed as during the operation of the 4th article of
the convention ; but to all other ])oints of that vast and wild territory, the
freedom of American navigation and trade remained uniiv paired. It formed
no part of the purpose of Captain Blinn to visit, with or without permission,
any landing ])lace or point distinguished by Kussian occupancy or establish-
ment ; and it is. therefore, submitted that, even sujiposing him to have read
the paragrai)h adduced, he could, at least, dedui:e from it nothing adverse to
his voyage.
'I'he decision of the Imperial Ministry is stated b\ his excellency the \'ice-
Chancellor to result from the very circumstances set forth in the note of the
undersigned, as well as from an affidavit of an officer recently returned from
the Russian colonies, and to be founded upon the convention of 1S24. .As
the contents of theaftldavit are not mentioned, they are i)resumed not to aft'ect
materia^]) iW narrative of the note, and certainly not to introduce any sub-
stantive .asserti.jn or denial adecpiate to give the case a totally new charac ter,
and to txa' t, i.y its own force merely, a judgment which could not be reached
without ■;; \ !ie remarks, therefore, which the undersigned i)ro])oses to sub-
join, art necessarily restricted to the admitted allegations on behalf of Ca]itain
Blinn, mi i onnection with the sti|)ulatic)ns of the treaty.
If, in [uirsuing this c-our.se, any injustice be done to the reasoning or views
of the Imi)erial Ministry, he will, on the slightest intimation, hasten to rectify
it with ihe frankness which he esteems indisi)en,sable to the faithful discharge
of his representative duty.
IMAGE EVALUATION
TEST TARGET (MT-3)
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Sciences
Corporation
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iM,
r
vV
88
Avoidiiif; a re|n'tition of details heretofore enumerated, as weM as ff'<.'ir
ag^'ravatiuy features, the leadinjf facts of reclamation are, that th» brig
"I,i)riol," owned and commanded by American citizens, sailed from the
Sancbvic h Islands on tlie 22(1 of August, i.S^O, boimd to the northwest coast,
to procure provisions and Indians for huntin^ ^ea otter; that having made
Foirester'^. island, she anchored in the h^bor of 'I'uc kessan, in latitude 54°
55' north ; that no Russian establishment existed in that harbor; tliat four
days afterwards, an armed brig of his lmi)erial Majesty's navy went into a
neighboring harbor, called 'lateskey. in latitude 54° 45' north; that no Rus-
sian establishment existed in this latter harbor; that she was boarded by
officers from the armed brig, by whom her c a|)tain vsas first ordered to leave
the dominions of Russia, and subsecjiiently c t)mpelled to get under way and
sail for tile harbor of Tateskey ; that when off the harbor of Tatokcv she was,
in threatening weather, refused permission to enter, and ]»eremptoriIy again
commanded to cpiit the waters of his Imperial Majesty; and. fmally, that,
owing exclusively to this interferi'm e of armed fon e, Iut voyage was aban-
doned, and she returned to the Sandwic h Islands on tlv ist of Novemi>er.
It is this plain and brief story, which the undersigned, by in>,truc ticjn of his
Government, has termed inc onsistenl w ith tlu' rights of Ameri< an c iti/tns,
imnuinorially exen ised and sec ureil by the laws of nations, as well a> by the
stipulations of the tlrst artic le of the convention of 1824, and entitling the
parties injured to sue h indemnific ation as n)ight on an investigation lie found
justly their due.
The right of the citizens of the United States to navigate the Pacific
Ocean, and their right to trade with the aboriginal natives of the northwest
toast of America, without the jurisdiction of other nations, are rights which
constituted a part of their inde|)endence as soon as they declared it. 'I'hcy
are ri;,'hts founded in the law of nations, enjoyed in connnon with all other
independent sovereignties, and incapable c^f being abridged or extinguished,
excejil with their own ccjnsent. It is unknown to the undersigned that
they have voluntarily c one edecJ these rights, or either of them, at any time,
through the agency of their ( iovernmeiil. by treaty cjr other form of obli-
gation, in favor of any connnunity. Net he deduces from the communi-
cation of his excellency, after having given it the careful corisideration to
which every ac t from such a source lays claim, as the only ground upon
which the rec lamation on behalf of Captain iJlinn is resisted, the i)roposi-
tion that the I'niied Slates, by the conventicjn of i,S24. yielded to his Im-
perial Majesty the right to hold connnerce, on the exjiiration of ten vears,
with the aboriginal natives on tlu' northwest coast bevond the degree ot
54° 40' north latituile. This proposition, if established, is im(|U( stionably
fatal to tl;e pretensions of the master and owners of the " l.oriot." It bears,
however, an .ispect so detrimental to the interests of his countrymen, and
to their attributes as an inde])endent jHnver, is so inc onsistent with the past
policv and principles of the American cabinets, and is withal of such minor
importaiic e to the prosperitv and greatness of Russia, that the undersigned
tnists its want of solid Ibimdalion will, vn fmtlier rellet tion, bt; apparent
antl confessed.
The avowed objec ts of the ctinvelition between the I'nited States and
His Imperial .Majesty, were "to cement the bonds of amity which unite
them, and to sec ure between them the invariable maintenance of a jjerfect
concord." The means of attaining these invaluable ends were emlodied
in its artic les. There is lirst a mutual and permanent agreement, dec lara-
tory of their respective rights, without disturbance or restraint, to navigate
and fish in any part of the Pacific Ocean, and to resort to its co.ists u|K)n
points which may not already have been occ upied, in onler to trade with
89
the natives. Tluse rights ])re-fxisU'(l in tacii. and wt-rv not frt sh liberties
a-snlting from the s;i|Jiil;iti<>n. 'Ic navi^ale. to lisi-. and to < oast, as de-
scribed, were rights ol" e<niai ( ertaint\ , springing from ilie same ^oiin e. and
atfaclied to the same i|nality of iiationalitv. Their exen isr, liowever, was
subjected t(; certain restris tionsand conditions, to tiie elVect tiial the citi/ens
and siibjt'cts of the < ()ntra< ting so\«t:reignties shouhl not resort to jxiints
where estabhshments existed without (ji)iaining |)crmis>i(in ; tiiat no futuri-
establishments shonld be fori\it.d by tme l»arty north, nor b\ the other jiartv
south, of 54° 40' north latitude ; but that, /uvrrf/u/rss, bi)th uiii;ht lor a
lerni of ten years, without regard to whether an esla!)|ishiiienl existed or
not, witliout obtaining i.ermi>->ion. without any hindraiue wii;itcver, fre
i|uent the interior seas, gulfs, harbors and (reeks, to lish aiul trade with the
natives. This short analysis Uav-s. f)n the t|uesti(.n at issue, no room tor
( onstruc tion.
The view taken by his ex< eilency (outit Ne.sselrode, rests u|)(;n tlic
l)rovision last referred to. cimtained in the fourth article of tiie convention.
( >f this it is essential to fix the true < harac ter. Does its limitation of ten
vears ajiply to the broad national right of resorting to uno( ( upied imints of
the coast? If it do not. the positioii taken is untenable. I'hat it does liot,
would seem to be a coiu lu.sion of the gravest, as of the lightest .s< rutiny.
The remmciation of a prerogative so high and important, if designed
would not have been left to mere inferen(e from a disjointed i)aragra]i!i. but
would have been distint tly expre.s.sed in immediate < onnection with its lirst
statement. No motive can ])ossib!y be assigned for I'eririitting an intended
abandonment of such a right, lormally dei hired in the lirst article, to lurk
unseen in the varied langiiage of the fourth artii le.
The ])ower of resorting to unoc( upied |>oints of the coast existed in per-
petuity by the laws of naticjns, aud is so enunc iated in the first article. Vo
(ieclare it afterwards to exist for ten years would be to insert a < lause idle
ami v.ithout effect, proviiling for the temp'nary enjoyment of what had
been previously pionounc ed perii'aneiit. liiit the interpretation of every
instrument must be such as will, if possible, give substance aixl utility to
ea(hof its parts. Applied to points of the coa^t alread\ occupied, tlu' fourtii
article takes effect as a temiiorary e\( eption to the jierijetual prohibition of
the second article ; and the only consei|ueni e of the expiration of the term
to which it is limited, is the re\i\al and (on'inued operation of that prohi-
bition.
In em])loying. in the fourth arti< le, the tlesi riptive words "'interior seas,
gulfs, harbors, and (reeks," there is a departure t'rom the < oniprehensive
phraseology of the lirst arti< le. whiiii is only to be explained b\ the fact that
another idea was to be expressed. Nor is it dith- uit lo understand what
was reallv meant. The bonds of amity aiul iiertec t . oin old. which it was
so desirable to cement and invariably maintain, would have been endan-
gered, in peculiar hxalities. as to which doubt-, might naturally arise
whether thev were embra( ed in the first or these(f)nd arii( le. If. howe\er,
at their openings, or upon their i ommanding highlaiuN. or on tlu'iv shores,
an occupied point or establishiiient existed, it was thought ex|iedient to let
them take charai ter from that iiK ident, without .iny ni( e measurement of
its range or inllueiKe. at the ixjiiratioii ^ti ten years ; and. aciordingly. the
fourth artii le, avoiding too sudden a < he( k of tlie iU tiial account of trade,
put a limit of time upon the libert\ to frniueiit such i)la( es.
The undersigned submits that in no sen.se (an the fourth article i)e un-
derstood as implving an a( knowledgemei't, on the part of the L'nited States,
of the right of Russia to the possession of the ( (XLst above the l.itilude of
54° 40' north. It must, of course, be taken in (onnection with the other
90
artic les. and tlicv have, in fa( t, no rfffrcnco whatever U) tl\e (luestion of the
right (if possession of Jie iinoc ( njiied parts. To prevent fntiire collisions
it was a,i,Meed that no new estalilislunent shonld lie formed by the res])ective
]iarties to the north or sonth of tlie parallel mentioned ; but the ipiestion of
the right of possession bevoiid the existing establishments, as it stood pre-
vious to, or at the tinie of. the convention, was lett untf)u< hed.
By agreeing not to form new establishments north of latitude 54° 40' the
United States made no a<kno\\ ledgenient of the riglit of Russia to the ter-
ritory alxn'e that line. If sue h an admission liad been made, Russia, by the
same construction of the article ri'ferred to. must have e(]ually acknowledged
the right of the United States to tlv territory south of the parallel. Hut
that Russia did not so understand the arti( le is ( (hk lusively proved by her
having entered into a similar agreement in her subse<pient treaty of 1X25,
with dreat liritain, and having in that instrument, ac knowledged the right
of ])ossession ol the same territory bs dreat Britain.
The United States can only be considered inferentially as iiaving
ackniiwledged the right of Russia to a( ([uire, above the designati-d meridian,
bv a< iiial oc( upation, a just claim to unoc< iipied lands. Until that actual
oc( upation be taken, the first article of the convention recognizes the Ameri-
can right to navigate, fish, and trade, as prior to its negotiation. Such is
esteemed the true construe tion of the convention ; the construction which
both nations are interested in affixing, as the benefits are ecpial and mutual,
and the great object is secured of removing the exercise of a common right
from the danger of becoming a dispute about exc lusive jjrivileges.
At tile hazard of i)roving tedious, tlu' undersigned iias thus endeavored
to convey to iiis exc ellenc y Count Nessvlrode the views suggested by his
recent comnumication.
The (lovernment of the L'nited States is ardent and uniform in its anxi-
ety to cherish with that of Russia the most friendly relations; in the recip-
ro<'ation of this sentiment the fullest confidence is felt. The citizens and
subjects of the two countries, meeting only with feelings of cordiality and
for purjtoses of mutual advantage, are ra])idly rea])ing the fVuits cjf a wise
and beneficent internalional polic y. Kvery vear enlarges the sphere of their
commercial intercourse, disc loses the identity of their interests and strength-
ens their ties of amity. In the persuasion that the enlightened councils of
his Imperial Majesty will join with the .American authorities in every effort
consistent with the honor and rights of their respective nations, to rescue
tliis cuiulition of things t>om all danger of interruption, the undersigned
earnestly invites a '■econsideration of the groimcl ujjon which the claim of
the owners of the "Loriot'' has been dismissed.
With a c:onsoling hope as to the result, he begs. cVc.,
(1. M. DALLAS.
No. 51.
A/r. Dallas to Mr. Forsyth.
[No. 16.] I.i.d.vriDN OK riiK IInimu) States ok .Vmi'.rica,
St. PKiKksiifuc, April 16, 1838.
Sir:
On the 2isl of last montli I received the answer of Count Nesselrode to
the proposal made to him in my conunnnication of the 28th of December,
1837, lor the renewal of the fourth article of the convention of 1824; and I
91
311 of the
collisions
•cs])t'ctivf
icstion of"
:ood jjre-
^° 40' the
) the ter-
ia, by the
owledgod
tlcl. Hut
I'd l)y her
of 1S25,
the right
s having
meridian,
lat actual
le Ameri-
Such is
ion which
d mutual,
iiion right
uleavored
ed by his
its anxi-
thc recip-
izens and
iality and
of a wise
re of their
1 strength-
ouncils of
/ery effort
to rescue
idersigned
.' claim of
LAS.
ICA,
■sselrode to
December,
S24; and 1
accompanied my acknowledgement of its rci ei])t with a re(|ncst for information
as to the measures adopted, or |)roposed to be a(lo|)ted. by His Ini])erial
Majestv, resiJi'cting the admission of American vessels into the Russian estali-
lishmentson the northwest coast. ('o|)ics of these two documents are annexed
to this despatch. Kvery ai t of aii offh iai »'haracter is jirercdefl by so iiiu( li
deliberation ".ud delay, tliat 1 niav not hope to hear further on this subject
for some weeks to come.
The refusal to renew the arti( le was far from unexi»ecte<l. Although there
may be miuh truth in the statements upon whi* h that refusal is explained, it
was foreseen that the gr;is])ing policy of the I'ur Company would, in itself,
be <|uite adequate to this result. 1 am unable to sa\ how far tlu' re])rrsenta
tion as to the extremely limited ( hara< ter of the American trade under the
article be correct, nor how far my countrymen ma\ be implicated in the
sale of spirituous licpiors, jjowder, and fire-arms to the natives, in violation
cjf the fifth article of the convention ; nor whether complaints on the latter
subject have or have not been made by the Russian authorities to those of
the United States, invoking in designated c ases the penalties presc ribed by
act of Congress. On none of these i)oints do the archives oi this legation
furnish sources of information.
Nor would it, indeed, seem expedient, under any c in umstanc es. to c riti-
cise the alleged motives for dec lining a revival of the expired stipulation.
No consecjuence could follow but disagreement in relation to details, when
the main point is one exclusively of discretion, is obviously decided beyond
the probability of <'hauge, and that decisicjn is comnuinic ated in the most
friendly terms.
By the expiration, in Ajiril, iS;,4, of the ten years limited in the fourth
article of the convention, and 1)\ the definitive refiisal to renew it, the
Imperial Ciovernment would seem t-. attain an important objec t in their
northwestern colonial policy, while the Cnited States forego, in fact, notliing
but a series of vague claims cah ulated oidy to embroil and complicate the
relations of the two countries. My predecessor, Mr. Middletoii, b\ wh.oni
the convention was negotiated, conceived the article to be a mutual grant,
temporary in its duration, extending to spec ific and particular jirivileges,
which the traders of neither nation would enjoy as general rights. lie
regarded the liberty to c arry on commerc e, without any liindranc e whatever,
with the natives in the interior seas, gulfs, harbors, and creeks of the Russian
settlements, as so muc h added to the range of our trade beyond its natural
boundaries; and he anticipated that, betore the lapse of the term i)ropose(l,
the Russian settlers would perceive the imi)ortance of our unshackled inter-
course, as a sure and economical means for obtaining sup]jlies, and wo,.!
ultimately prolong it indefinitely. With these views and impressions, during
the pendency of the negotiaticjn, he originated the fourth artii le, which formed
no part either of the projet of a treaty sent to him by Mr. Adams, then Sec-
retary of State, or of the projet he submitted to Count Nesselrode at their
first conference on the c;th of i-'ebruary. 1.S24.
92
'I'lir ailoplioii ()," tin- aiti( Ic suspended for ten years tlu- ncct'ssity of prac-
ti( all\ (lis( riiiiiiialiii},' between such places on the nortliwest coast as were open
to a cDinuion trade, in c()nse<pien( e of heiuj; .^avai^e and iinoccii|)ie(l, and
those accessible only i)\ permission from a lo( al authority. In other words,
there was no ininiecbate (all for agreeing and tiellning wliat shoukl constitute
an •• i>tabiishnienl," an " o( ( upancy," or a •' sjltlemeni," so as to redeem
a given spot, with its ( ontiguous territory, t'rom a wild state, and subject them
to an exclusive jtirisdictiop During the pres< ribed period, in this particidar,
everything was left ;is large as before; and here lies, in my opinion, the chief,
if not the only important ini ideiit of the refusal to renew the article. It will
become ne( ess.iry now to have soint: distinct unil' islanding as to the nature
and range of the act of coloni/ing, which shall i)ernufnently vest the tloininion
in either nation. Without this, oiu' ( ommerce in that interesting quarter
must be impeded and narrowed, and proba!)ly soon entirely ileslroyed, by the
ab^iurd ]irelfnsions of the Russian Fur ( 'ompany.
The stipulated freedom to trade unmolested within the interior seas,
bays, < reeks, and harbors of the northwest coast, being regarded, under our
( onstrui tion of the treaty, as solely applicable to occui)ied pla< es, and hav-
ing ceased upon the cxijiration of the ten years, it becomes essential to the
safe ])rose( ution of Amcric an enterprise anil traftic in these remote regions,
that we shiicild ascertain, if jKJSsible, wliich of the interior seas, bays,
crei'ks. and harbors fall, by actual Russian settlement, under exclusive
Russian dominion. .Mthough the tacts be extremely diffi( ult to reach, and
a powerful !nono|)oly be interested and at work to misrepresent them, still
something ma\ be eft"e( led bv furnishing to our citi/ens a rule b) which to
Ust ihe ( hara( ter and cNteut of any occupation whose existence is alleged
as ai; iin|)edimenl (o an intended voyage. And if we cannot spare one or
two of our vessels of war to make a thorough examination of the coast, as
well as to asseil. in detianc e ot petty obstacles, the national right to trade
freelv u|)ou uno( < upied points, we mast be (ontent, however reluctantly, to
lake just such statements for intormation as it may |)lea.se the Fur Company's
otfic iTs and agents to give. Sujiposing. tluii, what I do not ex])ect, that
the Imperial (lovernment will abandon the ground it has taken in the case
of Cajilain Blinn, and admit thai we still pos.sess the liberty of holding coin-
m.'H e with the natives north of the line of delimitation, I shall be anxious
to have \ our iiislru( lions a.s to the suggested expediency of calling frankly
tor an enumeration of the points on the coast .it which Ri'..-..,iiin settlements
are alleged to exist, and of inviting the atljustment of some definite ride by
wlii( h the realilv of a settlement, and the extent of its adjacent operation,
mav at any time be peai eably determined. It. however, the j)osition taken
in nlirjiue to ('apl.iin ISlinn's ( laiin be adhered to, these inferior in(|uiries
( annot be made ; for that jjjsition, as will be remend)ered, excludes our
commen e. ex( ept by Russian permission, from the whole coast beyond the
degree 54" 40' north.
I should jicrhaps feel warranted in pursuing measures for this purpose
wiihoui (ii l.iy. The re(|uest tor infirmation as to the regulations to be en-
of prac-
LTr opiii
ic'd, ;iinl
r words,
mslitiitc
U'dcfiii
LTt lliciu
uliciilar,
R' ( liicl,
It will
!(.■ iiatiin-
(iininioii
J, (lucirtcr
d, l)v the
93
fonid ill irlalion to Aincricaii vcsm'Is. iiradr in inv last note to Count
Ni'ssi-lrodf. may lie i^trcnu'd a fair prciiniinary. lUit 1 am anxious to
know, before proc-idiii^ furtlur, whctlu r tlu- dccidt-d manner in whi( li 1
have treated tlie ( laim lo cxchisivr dominion, in the affair of the " l.nriot."
he approved or not; and whether the right Ity the laws of nations to traile
with the natives on uno( ( npied parts of tlie coast be esteemed so certain
and so important, that it will be insisted on, even at the hazard of inter-
ruptin},' the amicabU' relations of the two (ountries. I wish to sliape uiy
progress so as to harmonize in every movement, as iiearlv as jiossiide, with
whichever alternative, inilexibilily or coik essioii, the President iiiav esteem
the higiu'st ami truest polii v.
I have, iVc,
*
C. M. DALLAS.
•lor seas,
inder our
and hav-
al to the
'. regions,
as, bays,
exclusive
.'ach, and
icm, still
which to
!s alleged
re one or
coast, as
L to trade
tantly, to
ompany's
)e( t. that
1 the case
ling coin-
e anxious
g frankly
•ttlements
te rule by
iperation,
ion taken
• inipiiries
hides our
;yond the
s jnirpose
to be en-
[KNCI.dSlia- I IN Mk jlAI.IAs'Xil ifi.l
Coitni iVessc/roi/i- to Mr. Dallas.
[I'kansi.aocjn.]
St. I'KTKKsr.CRc, March 9. iS.vS.
The undersigned has had the honor to receive the note that Mr. hallas.
Envoy Extraordinary and Minister Plenipotentiary of the I'liited States of
America, was |ilease(l to address him on the 16th ( iSth 1 of Dei ember, rela-
tive to the i>roposilion pr(.\iou>i\ lirought forward bv Mr. W'ilkiiis. to renew
the fourth article '.^'i the (onveiition of Ai)ril ,-\. 1S24. of which tlie
effect had been limited to a term often year>, and whii h had. ( onsei|uentl\ ,
expired in iN,H-
The desire not to decide a i|uestion of this im|)ortan( e without a thor-
ough knowledge of the subjet t. did not jHTinit the Imjierial < loverninent to
give an opinion in relation to it until detailed information had been col-
lected, as well in regard to the want^ of the Russian establishments in
.\inerica as to the intluence that the state of things sec ured by the fourth
artic le had exercisi-d there. In setting forth this consideration to Mr.
Wilkins, the unilersigned intimated, in his note of the jSth of No'emlur,
1.S35, that he would give timely notice to the legation of the I'nited States,
of the determinations adopted on this subjec t by the Russian Ctovernment.
The information then expec ted has since reached the undersigned, and it
ajipears that tlv ■ x"culioii oi' the temporary |)rovisions contained in the fourth
article had not been unattended with serious inconveniem es. and that it has
been realh- injurious to the prosperity of the Russian establishments on the
northwest coast. The greater part of the loreign vessels wliieh resort to tli's
< oast, in virtue of the said stipulations, have only made u>e of the right of
trading with the natives, in order to sell them spirituous licpiors. j"ire-arms,
and gh.iiK)W(ler. Accordi!ig to the tenor of the t"il'th artii le, these artic les
were exjjressly excluded from the trade; but experience has proven that this
ex( lusion, and also the legislative measures bv which the (loverninent of the
United States .sought to carrj it into effect, were illiisorx ; since, by the same
article, the contracting parties had dei)rived themselves of all means of c 011-
trollng the vessels which should visit these latitudes, so that entire cargoes of
94
nini, of I'lri' nrins, and aminniiition. have hirii carried, without hindrance,
into tlie Riissi.m posM's^ions, and soli! to tlu' natiscs, liiiis neicssarily ei\ilan-
gerinj( the germs ot' order and ( ivili/ution which the agents of the Russian
Ainerii an roinpanv iiaw airt.ad\ sniieedid in intriuhicing among these
udies.
It is, moreover, to be oliserved. tl'.at tiie articles comprised in tliis fraud-
ulent trade were e\pressl\ tliose (jf whi( h tiie sale there offered most advant-
ages, l>e( aiise the Russian American C'(ini|iaii\ having on( e for all ex<luded
them from its own traffic with the native's, the latter could only procure them
on hoard foreign \essels.
This >tate of things could not fail to occasion complaints and remon-
strances, whi( h, the Imperial Government being ever anxious for the pres-
ervation of its relations with the United States, would alone, from that time,
be an a(K(piate motivi' to indm e it to desire that the stipulations of the fourth
article should not be renewed. Hut another consideration, not less decisive,
here jjresents itself: this is the obligation under whi( h the Ini|)erial Govern-
ment is pla< ed to protect the (()nHner( e and navigation of the Russian < olonies,
and to set un- to them, henceforth, the peaceable enjoyment of the advantages
whi( h. by virtue of their j^rivileges, they are destined to gather from the
imjirovement ^ rxf>l(>itatioii) of the fisheries as well as from the trade with the
natives.
These < onsiderations, taken together, render it im])ossihle for the Im-
jjcrial Government to ac( ede to the i)roposition which has been made to it
to renew the stijiulations of the fourth article. The regret e.xperienced l)y
it on the occasion is, however, diminished by the conviction that the United
States would not themselves ilerive any espec ial advantage from the longer
continuance of these stipulations ; sin( e, according to a statement of the
navigation in these jilaces, even whilst the fourth article was yet in tbrce,
there were ne\er more th.m four Ameri<an vessels arrived in the course of
a whole \ear. and that even tiiis number, hardly to be taken into account
in the tlourishiiig state of the mercantile marine of the Union, was dimin-
ishing in j)roj)ortion as enterprises on the northwest coast offered fewer
chances of >uc( ess. It appears evident from this, that the renewal of the
fourth article could hardly contribute to extend, h; -i recitirocally useful
manner. th<' commercial relations between Russia and the United States of
America ; or, by consequence, answer the constant solicitude of the Im-
perial Governnient. to cement more and more, and in a mutual interest, the
friendh coiuki tions which it is alwavs happy to cultivate with the Govern-
ment of the Union.
The undersigned has the honor, iVc,
NESSEURODK.
No. 52.
J//'. Dallas to Mr. Forsyth.
[No. 17.] Lkcatiox ok THI-: UNirKD Statk.s,
St. Petersburg, May 13, 1S38.
Sir:
On the 9th instant, the communication of which I annex a co])y, \va.s re-
ceived from ('ount Xesselrode. in reply to my recjuest, under date of the 26th
of March last, to be furnished with information as to the measures adopted,
or proi)osed to be adojjted, by this Government. res[)ecting the admission of
American vessels into the Russian establishments on the nijrthwest coast.
95
lulraiK «.'.
V c'lulan-
Kiissiaii
Hi; tlU'Sf
lis fraud -
t advant-
cxcliuk'd
ufL- tlu;in
;1 rcnion-
tlu' i)rc's-
lat tinu',
K' fourth
(K'cisive,
(lovern-
< (lUjiiic's,
Ivantagcs
from the
! with the
• the Im-
lade to it
eiK ed by
e United
le lon^a'r
nt of the
in force,
;oiirse of
account
as dinii ti-
red fewer
al of the
lly useful
1 States of
f the Iiii-
:erest, the
:,' Govern-
ODK.
1S38.
y, was re-
f the 26th
I adopted,
nission of
coast.
It will Ih' perceived that the sul»tan( e of Count Nessclroiii-'s note is dis-
limt and di-l'initivc : and that the sin/^K' and >.inip'i' niea.sure adopted in r.'la-
lion to our vessels, is their alisolute e.\( hision tVoni what are deemed the
Russian possessions. The I'liMislud order nf ( Miverum \\ raugel, to which
liaron Krudener, in iS^q, c; lied \our attention, is (onfn-med un(|ualifietlly
in principle and practice; and the < ahinet at Washington i> invited to rejieat
the warning heretofore given by it to the t iti/ens of the United States not to
contravene that ))rohihitor\ notii e, so tiiat the\ inav avoid exposing them-
selves to the consei|uen( es of misunderstanding or collision.
Although my re(|uest for intormatton was e.xjiressly limited to Russian
establishments, and Count N'esselrode's leply to it may not slrii tlv be ex-
ttiided beyond that limit. I lannot help thinking that the pntatorv and
pecubar reference he has made to the expiration of the I'ourth artii le of tlie
(onvention is meant as a reiteration of the jiosition a-ssiuned in the case of
the " I.oriot," Cajitaiii IJlinn, to wit : that since Ajiril. 1S34, our right to
fre(]uent the interior seas, gulls, harbors, and creeks north of 54" 40' north
latitude, whether actually occ ujiied or not has ceased. Tiie ((insistent bre-
vitv, indeed, with whieji the efte( t of the ten vears limitation is uniformlv
invoked, .satisfies me that it is esteemed a •'/^v'/// </'(//'//('/." in relation to om-
rights and pretensions on the northwest coast, too con( lusive to be omitted
or argued. My letter, in answer to the tlrst assmnption of that position,
dated the 17th of March. 1.S3S, md forwarded to you with despat( h No.
13, has not been n(>ti( ed.
*
'I* T* 1* 1* #
\'ery respectfully. vVc,
(1. M. DALLAS.
[ Kmi (isri'i- IS Mu Ii\ii \.' Nt). i']
Count Xcssiirodc lo Mr. f^allas.
[ I I1.\NSI..\1I11N J
Sr. 1'eti:k.'>iui«.. April i-^. i.s^^S.
Mr. Dallas, Ln\ii\ L\iraor(liiiar\ and Minister I'lenipotemiary of the
I'nited States of America, has been jileased in his note of the 14th (26th)
of Mar( h, to exjiress a desire to know what measures have Iieen ailopted in
( ()nse(pien( e of the expiration of the 4th artic le of the convention kA 1.S24,
respecting the admission of American vessels into the harlxirs. bays, and
rivers of the Russian establishments on the northwest coast. This reipiest is
made on ac( ount of the intention on the part of the cabinet al Washmgton,
to adopt similar regulations, and sue h as may tend to prevent any injur} to
the relations now so fortunately existing between the two countries.
'I'h'j undersigned, hastening to rejily to an overture, ac ( cimpanied by an
assurance so satisfac tor\ for the Imperial Government, makes it his duty
to observe to Mr. Dallas, that, as the 4th article of the convention of the
5th (17th) of April, 1.S24, has only granted for ten years to the vessels of
the two powers, or those belonging to their ( itizens or subjects, respectively,
tiie right of frecjuenting rec iprocally, the interior seas, gidfs, harbors, and
creeks on the coast mentionetl in the 3d article of tlie same convention, for
the purpose of fishing and trading .vith the natives of the country: and
y6
as this tcnii often years e\|iiie(l in the month of April, 1X^4, the author!
ties ofthr Russian istaiihshnients on the said (oast. are recjiiired to see llial
Anieriv an vi'ssels no lonf,'er freiinent the interior seas, gulfs, harbors, and
< re>'ks, situated north of the latitude of 54 def^rees 40 niinuti s north, a.>
Rii>sian vessi Is are. in likt' niainur. lorliidden to visit placis of the same
sort south of that paral!' 1: and to maintain this prohihilii>n, if is the duty of
tile said authorities to adopt the uec essary measures, with tlu' view of kee|iinn
lip lelalions of hari'iopv bi'tweeii the two ( lovernments.
The (Joveruor of the Ru->i,in colonies on the nortliwest coast, havin;;
made upon this suliji'ct a pul)li( ation whi( h has been sulmiitted to thi-
knowledge of the (lovernmeiil of the I'nited States, and the iMn|>eror's
Minister at Washington ha\ing imnndiately afterwards invited that (lovern
meiit to make known to tlie < ili/ei^s of the I'nited States the new order ol'
Liun,:;s < oi'Mijiient upon the expiration of the fourtii article, the undersigned
Hatters himself with the belief that the (abiiwt at Washington, in executing
its ariiiouni ed resoluiion to adopt on its jiart, similar iiH'asures, will think
jirojier likewise to repeat its warning to tlv 1 iti/itis of the I'liitKl States,
not to ( outrasene the prohibition in (|iiestion, and thus to avoid exposing
themselves to the eoiisi_i|nen( is of a mi^uiuli'istanding or collision, which
the lm|)erial (lovernment would be the lirst ti- dejilore.
( )n iK jiait. the Imperial (lovernment will not ceaso to rectJinmend to its
authorities on the northwest coast, the necosary [irecaiitions, so that, while
niaiiitaiiiing the rights accpiired by Russia at the e\i)iration of the fourth
article, they should not lose sight of the res|)eet due to the bonils of amity
Wiiic h unite the two ("lOvernments. and which the Imi>erial Cabinet will
alwa\s desire to streiigthi'i) and render more ilose for the mutual interests of
their re>iiecti\e citizens and subjects.
'The iindeisigned seizes. iVc.,
NKSSKLRODK.
N'oPK. — It i> to be observed that by the coi\veiition ot 1.S43 between
Clreat I'ritain and Russia, the provisions of the convention of 1.S25 between
the -aiiie poui rs. \\lii(li. >o far as regards the rights of navigation, fishing
ai'.d fading wilh the natives on I'le northwest coast of America, is identical
with that bitween the I'nited States ancl Russia of 1.S24, were revived and
continued for an indelinile period. They were, it is understood, still in
force when Alaska was c eded to the L'nited States in 1.S67. Now, bv the
I'Icveiilh article of the treaty of I)ece''d)er ^''^, i8j;2, between Russia and
ilie rnit'd States, whii h is s'ill in tore e. the benefit of these provisions was
extend, il to the c iti/cns c>f (he I'liited Stales. That this would be the case
v.as adii'.itted by Count Nesselrode in his conversation with Mr. Wilkins
reported in th-' lalt> r's Ncj. 16. of Dec. 11. i.S,55 : .v///i/v?. p. 75. And this
fact e\]>lainsthe entire absence of controversy on tiie subject between Russia
and the I'm'ted States iVom 1.S45 to i.SO;.
anthori
si'c lliat
)ors, and
nortli, a>
tlu- sauu'
ic duty of
f kci'liiui;
t. liavinj;
(I to the
•',m|RTor'^
t (lovtrii
y order oi
dcrsigiud
i'xc(iitiii)4
will think
td States.
exposing
1)11, which
lend to its
hat, while
the fourth
s of amity
binet will
ntcrcsts of
U)DK.
3 between
!5 between
on, fishinj;
s identii al
.'vived and
i)(l. still in
iw, by the
Russia and
^•isions was
le thi- ( ase
Ir. W ilk ins
And this
veen Russia
PAKT ITT.
SEA OF OKHOTSK.
This sea is a i)art of the waters to which the ukase of 182 1
apphetl, and which Mr. Foletica. in his subsequent corre-
spondence with Mr. Adams, i)rior to the Treaty of 1824, said
Mis Imperial Majesty, the luiiperor of all the Russias. mii,du
have claimed as a close sea had he chosen to do so. As has
been seen, all question as to the riojht of citizens of the United
States, as well as of the subjects of Great Britain, to navii^ate
and fish in those waters was ,L,nven up by Russia (Mice for all
in the Treaty of 1824 with the United States, and of 1825
with Great liritain.
The followinj^ correspondence between Russia and the
United States in the years 1867 and 1S68 contains an explicit
disavowal by Russia of any claim to interfere with the fishini^
operations of citizens of the United States in the Sea of
Okhotsk.
No. 53.
Mr. Sci^'ard to Mr. Clay.
m
[No. 27 vl Department of Siate.
WASHiX(;ri'N, Dc:t-ml<(
Sir:
Much anxiety has been created in the United States by
Captain Mellen, master of the ship Kuroi)a. a I'nited States
has written to the owners of the vessel that a party of Russi;
lished a fishery on the shore near Okhotsk Cjty, in the Sea of
a Russian armed steamer has been there and ordered theshi])s
the captain of the steamer said he was authorized to drive
whalers away from the place; and, finally, that the captain
has fired upon the ship's boat of the bark Endeavor, of New
/• 2
■J'
1S67.
the report that
whaling vessel,
ans have estab-
Okhotsk; that
all away ; that
L'nited States
of the steamer
Bedford.
(,8
Mr. Di- StnK kl, til ulidin I lia\c .iiiplitd. has no iiiformatinii mi tlu' siili
jrct. 'I'lu' NialtiiuMts ri( livid at tliis Pfpartnuiil air altiigi-tluT vaj,'iii' and
witlhiiit aiitlu'iuii ation. I will tliaiik \<iii to as( iTtaiii tnnn tl)o |)riiiic minis
III- lor luivigi) al'laiis what liniiulatit/n, if any, tlmr is Tor iIk' staliMniMits, ami
what, |iri( isc'l\, arr the inslnn tions ol" tlic im|Kiial i,'nvLrninciU apin rlaiiiiiij;
to ihf lishiTics ill till' Si-a <•!' ()kh(itsk.
I am, sir, \< .,
U 1 1, 1. JAM II. Si;\\.\Ri).
No. 54, •
Mr. Clay fo Mr. Scioard.
[No. 175.] I.KCAridN f)l' IIIK I'NUKI) Siaiks,
Si'. I'l; I KKsiU'Kc, /<?////(?/•!' 18, i.S6(S.
Sir:
I now transmit to yon a copy of my note to Prince GorU hacow in rcft-r-
L'nc c to till' Okhotsk affair, and also a copy of his ri'ply, throM,L,'h the adjunct
of the minister of t"orcij.,Mi affairs to His Imperial Majesty, .M. de Westmaiin.
I am, sir, jour oltedieiit servant,
C, M. CLAY.
[ F.Nii.cisiKi: 1 IN Mii. I lAv's N(
'7.V
.\fr. Clay to Piiiii,' Gorfcliiiioio.
[N'ni'i 149.] l.i:i;ArinN m imp: l'\iri:ii Sr\ri-.s,
Si. Pi ri-.K>m Ki;. \^\\i>\\\. Jiiiiii>ii \ 15, iSt)S, .\'. .V.
riic uiulcr>ii;iioil li:i.-. ilic liuiiDrtii rc'iircscni to liis cxtollcncy I'riiici' < iorU'liacnw, clian
cclliii, L'lc, til I lis Inipcri.Tl Majesty, etc., that lie is iii'^iructed liy the \\'asliiiii;toii ( Joverii
mem III iiitonu the imperial i^overimieiit that much anxiety has lieeii created in tlie liiite I
Slater by a leimrt I'rnm Captain Meilen, of the American wiiahn^ siiip l'.uiii|ia, tn its owners,
tiiat a pariv of i<u>>iaiis had estahh^hed a ri>hery near the city of ( ikliotsk, in tiie sea of that
name, and that a l\u>--iaii armed steamer had ordered liie siiijis away in the name of tlie Rus-
sian ^overmiient, claimiiiL; to lie m) aiithoii/ed; and that the captain of said steamer had lireii
uiion tlie boats of the baik i'.ndeavor, of New liedford.
Mr. de Sloeckl ha> been able to L;ive no information upon the subject. I'he .Secretary of
Slate adds that the statements received at the I>e])artment are altogether v.it^ue and without
authentication, and he therefore reijucsts of the un(lersii;ned to asce'iain from liis excellency
Prince (iortchacow wh.it arc precisely the instructions, if any, given by the Russian govern-
mcnl in regard to the lisheries in the Sea of ( )kliotsk.
The American minislcr has the honor, Ovc,
C. M. CI.AV.
the siili
ii};iu' and
no minis
flits, and
irrtainiiiL;
ARI).
99
[ Rnclohvhb II IN Mh. Ci.ay'* Nil. 17$. 1
iJ//-. ll'istiiiaiiu to Mr. Chty,
[ rKAN-4I.AII'>N. I
The chnnccllm uf ilic cnipirc, wlu> is sick, as ymi know, my dear t-cneral, h;us cliarjjcd me
t(i answer your iiciic uf tlir |'.ili of January, iM-.tHnt. Ilavin^; aski-d [J, •ii,iHi/i-) of the
iiiini>tcriif marine inl'iprniaiinn u|hiii ilic allair named in yunr nciie, \dniiral Kraliln; has just
informed us that the minister of niarin>- lia-- noi, up to the present mne, any knowleii^je of
the contliet [ri'ii/H/) which lias taken place In the Sea of 1 >khotsk lietween tlie Russian and
American siiips.
Accept, v\c.,
WKSr.MANN.
Jan.akv 5, I SOS.
N
().
DO-
1 S68.
\\ in rcft'r-
le adjiinit
^t'stinann.
:lay.
I'KS,
m, X. s.
Iiacow, ehan
it;t<>n (lovern-
in ilie L'nite 1
to its owners,
le sea of that
le of the Kus-
mer liad tired
o Secretary of
e and without
his excellency
iissian yovern-
\\. CI.AV,
Mr. Scii'tU'd to Mr. CliJV.
[No. 27.S.]
UKl'AklMI \ 1 ()!■ STAIE,
WanH'NiMON, Fihrii.iry 24, i Sfi.S.
Sik:
1 iT( iir on tliis occasion to m\ (K'spatcli No. z-]},, whiiii related to allcj^'cd
iiostile demonstrations (f a Russian arnu'd wssi-1 against a United States
whaling vessel in tlie Sea of Okiiotsk. 'I'hat communication was grounded
upon mere rumor, which furnished no details and was supijorted li\ no evi-
dence. Prince (iortchacow. in his reply, answered siil>^tantially that the
Russian Ciovernment had no information of the alleged ((inllict. .ind had
given I'll orders or ilirections undi'r whi( h an\ hostile ilemonstratioiis t oiild
have been made.
At last I have received details, whic h. howevfr. are ver\- limited, and
testimony which is very incomiilete. 'I'his sul)se(|uent inhtrmation is < on-
tained in a dispatch of Morgan 1,. Smith. I'.sip. I'nited States ( onsiil at
Honolulu, which is ai (ompanicd |.y a deposition made hy Manuel Knos.
master of the \meri( an hark J.iva."- In Iiriif, Mr. Enos' statement p' isents
the following facts, namely: that on the 27th ^A July, while he was cruising
for whales in Shantar Ha\, and standing towards Silas Ric hard's bluff, a Rus-
sian armed vessel ( ame towards him, a]>parentl\ luuler full steam, hoisted
its flag, and threw open its ports. An officer from that Russian ves.sel went
on hoard of the Java and t)rilered Captain Enos immediately 011 board the
Russian steamer. The Russian commaiuler demanded to know the business
(^{ the I'nited States vessel there. Captain Imios answered that his business
was whaling, whereupon the Russian commander ordered Cajdain Enos to
leave the bay within 24 hours, under a threat of taking Captain Enos with
his vessel to Xicolawasky, or Idowing him out of the water, as the Russian
captain should think inoper. Ca])tain Enos replied that he had whaled in
those bays for the last 17 years, and had never heard of any one being
* For these papers see Dip. Corr., i863, (i. 468.
TOO
,,,.i^.^.„ ,„. .,, ,„• ,,, p„,,,os. of .x.lu.l.M, whaUTs. Capta.n Kn..s ihcv-
„,,, ,,„noliatdv kfi Sknuar Hay. Captain Knos lurthrr sav. that he
a'tonvanls Icavnol tV,.,n so,n. of llu- . >vw of the A.n.ruan hark iMulcavu:-.
ti,ai tlHV. knuwinu .lolhin.^ of the tnml.lc. went int<. the same ,.lac o, shanlar
Ihv a f.'u ckivs alurvvanls. and that their l.cats were fiml int.. by tlje sanu-
vessel iK-loro mentioned, an.l that they were .-onimanded tu leave the .ays
l,v threats to the sann- elTeet with those whieh had been ma.l.' a,^a,nst ap
,,„ i,-„„s The eonsul iransnutlin^- this statement says that he nas been
,;„,,,,, i„ „,o. ure the nan.e of either the Russian vessel or her .-ommander ;
Uui he is nUorn.e,l bv the .naster of the Iln.lish bark C-..l.an,, that some
l.-inns, .ubje,ts of the (V.ar, have a whaling station there, keeping two
.huoners in the bav. an.l having their trying works on shore. I( we were
a, lilK.r.vt<.assunethesc.s,.erial staten,ents to be true, and , I we were no
assured bv the Russian govennnent that the iransa. tions eouM-Uuned ol
1 not only without its knowled
oeeurrec
should in that < asi
l.u
t without anv authority, we
have reason for [.rofound ((.ncern.
As the matter stand
with the iH.ssi
bilitv that simi
lar armed hostile
demonstrations m
a\ be made on the same (pia
hend that di.s(()ntent will arise
citizens of the I'nited States aiu
rter. there is reason to appre
betweei
)khotsk
ami i.erhaj.s < (.ntliet may occur
1 the subjects of Russia in the Sea of (
n
Nothing could
I'lore iiK iiiuenie
moment, as I am we
assured nothing <
•nt than su<h difficulties at the present
ated
■ould be more sine erely deprei
by the Russian government.
Voii will give a copy ot this <
■ommi
niication to Prince (iortchacow
of its accomj.animei
ts.' Consul Smith's despatch and Captain lOnos' dej
and
lei.osi-
1 invite Prince Gortt liacow to give
tion. am
reasonable ( onveiiieiice.
I am, sir. iV:<
his attention to the same at his
WILLIAM H. SEWARD.
No. 56.
Mr. Clav to Mr. ScMird.
[No. tS^v]
Sir
Lixi.vnoN (.i- •nil'. LiNirFi) Siati's,
Sr. I'r.rKiom Rc;, J/<?r(// 20. 1868.
ro-dav I re. eived from Prince C.ortchacow a note of this date, in refer-
cn.e t.. the affairs of the Java, in the Sea of Okhotsk. I en< lose you a
translation of the same from the French.
I am, sir, ivc,
C. M. CLAY.
lOI
los tlu'Vl'
; ihal lie
julcavo".
', Shanlar
tlu' sauu'
■ ihr hays
linst Cap
has lici'ii
nniander ;
ttiat some
'ping two
(" wc were
.' were not
)]aineil ol
lurily, we
ed liostile
\ to apprc-
ir between
f Okliotsk.
lie present
[lepreeated
lacow, and
os' dei)osi-
same at his
VARL).
o. 1868.
ite, in refer-
kIosc you a
(LAY.
[ En' I <isi 1(1- IN Mi.. ( i.w's N'.i. i"*!. 1
t
Prince CiortilhUini< to u\fr. Clay.
[ ri(\NSl..\llllN. I
I!y liis note- of Marcii 4-16 instant, Mr. (lay, envoy extraordinary and niiiii>lir i)lorii]M.
icntiarv of tlic I iiited .Stales of .\nierica, has Iran-niilled to tlie imperial inini-lry a copy <>f a
(li>l)atili from Mr. Seward. acconii)anii'd will) documenls relali\e to tiie conijilaint of Senor
Knos, captain of an .Vniericaii whaler, upon the -ulijert of measures nf rii^'or {",/,• m 'istifts
,lf ni^riir") of which In- iiad l>cen the ol.jecl on the part of a vessel of llu- imperial m.irinc
in the waters of the Sea of ( >khotsk. In resiKinse ti> liiat c<innnnni(;alion, the undersi^iicd^
chancellor of the empire, h.-o the honor lo inform Mr. ' lay that the imperial ministry h.as n n
received, uji to this lime, the infurmalion which, from the rcd-plion of liis ImsI note of the l.Sll
of laniiary, it liaslened to demand of the c impelmt aulliorilies rel; live lo that altaiv.
As scMjn as the re|Hirls of these authorities sh.iU re.icli him, the undersigned will lose no
time (i'<v///;vwjv-</) in comimmicatini; ihcm to Mr. day.
lie seizes, \c.,
tiOKTtll.\C(>\V.
Sr. l'i.ri.Ksi;i"Ki;, Miinh S, iSOS.
No. 57.
Mr. Clav to Mr. Sruurn/.
[No. 199.] LK(;.\riuN ot ihe U.niiid SrAn>,
Sr. I'lviKRsiuRi;, .-lui;/,.^/ 14, 1S6S.
Sir:
I lierein inclose yon a translation of the .loli'. from the Frem h. o! Mr.
de Westmann, aainLr minister of foreign affairs, etc., and a copy of my
response, in reference to the affair in the Sea of Okhotsk.
I am sir. \c.,
C. M. (l.-W.
[Encloschk 1 IN Mn. t i-.^v's N". 199.]
j]fr. IVrsfiiitvni to Mr. C/<iv.
{ I'hANSI.AI ION. J
The undersigned, acting mini.ster of foreign affairs, in rcfcrrinK to the note wliich f.eneral
Clay envoy eMr.aordinarv and mini.ster plenipotentiary of the Inited .Suites of .\menc.i, was
(leased to a.l.lres- to the ch.mceilor of the empire, dated th-' 4-'<»l> "'' .March ultimo, has
u,e honor to inform him that he has been put in possession of advices which, accordm- lo the
desire of the federal government, the imperial cabinet hasiene.l 10 a>k of ihe minister of
rnanne concerning iheinculent .xcurring in the Sea of ( )kholsk, between an .\merican vhaler
a-ul a ship of the imperial navy. These are the circumstances: The schooner .\leout, un.ler
Ihe CO imand of Lieutenant I-toline, had been sent in commission from Nikolaievsk to < Unlik.
The abund.ince of lloatin,; ice having forced him to enter into the gulf of Tougoursh, he
there met the 14th of lulv, at alxmt 20 miles to the south of the straits of C haularsk, near the
eastern coast, the .\mcVicaii whaler Java, occupied in rendering the oil of a captured whale.
Considering that foreign whalers are forlmlden by the laws in force to lish in the kussian
gulfs and bays .it a di>t.ince less than three miles Iroin the shore, where the r,^ht of hshing is
I02
exclusively reserved to Russian subjects, Lieutenant Etoline 'rarncd (imifa) the captain of
the Java to " liear ofT" fnmi the i;ulf of 'I'dii^oursh, wliicli he at once di<l. The same day,
the Aleuut made for the bay ol Ma\vj;on, whure arrived, on llie next <lay, the American whale
schooner Caroline Foot, svho>c captain, accom])anied iiy the captain of the Java, called on
Lieutenant I'.tolinc. and ck-cLired that he had no ri^ht to [invent them from fishing for whales
wherever liiey lii<L'(l. lieutenant Ktohne rejilietl tliat there were in that respect established
rules (;<y/ij), and if tluy insisted, absolutely, upon breaking them, that he would be com-
])elled to prevent tliiiii. The captain of the schooner Caroline Fool pretendint; {<jyant f'l;--
/ciidi<) \\\M. he had entered into the bay of Tougoursh in conse(|uence of '• deviations from
his Course," Lieutenant Ltoline offered, at once, all assistance in his])ower: and, ujxin reijuest,
delivered him >even [xxids of biscuit from the stores of llie Aleout. After which the two
ships again went to >ea. The lyih ol July, that is, four days afterwards, the schoonei Aleout
met a whale, ujion which the coVnmander caused a trial lire to be made. At the same moment
was seen, at about 16 mile.>' distance, a sad, name unknown, and nearer, three ■•chaloupes,"'
the nearest of which was at least three miles in advance in the direction of the cannon tire.
In the evening all these shii)s had disai)peared. That incident is registered in the Ixxiks of
the .\leout in the following terms: "The 19th of July, at nine in the evening, at anchor in
the bay of Mawgons, fired a cannon shot for jiraclice at a whale alloat." From these facts
tieneral Clay will be convinced that the incident alluded to has been exaggerated, and even
perverted, {Jc iid/iin,) much in order to be represented as a cause of grievance against the
commander of the Aleout on the part of the American whalers. In conseipience of the con-
versation which had occurred between tr.'-m, of the |)retensions of the captain of the Java to
fish wherever he pleased, and die necessity ii> which Lieutenant Ktoline was placed to remind
him of the laws which related to the right of fishing in the territorial waters of a foreign
state, it is possible that the commander of the Java had re'ally taken for a menace directed
against liim the fire of the experimental shot from the .Meout. llul it js incontestable that the
comniaiuler of the . Meout was acting in his right when he reminded the American.-) of the
laws in \igor, and his obligations to cau.~e them to respect them. lie certainly has not
transcended die limits o*" his rights in firing, four days afterwards, a trial >hot U[)on a tloating
whale in Russian waters.
lie hail no intention by that of giving the American whalers a warning, {az'c.>tissemenl,)
useless iiecau-e llicy were out of dilliculty, and since liie distance which separated the Aleout
from the shi])- and the "chaloUjies "' in vien" at the time excluded all .-.uch inlentions. Lieu-
tenant luoline had taken in their behalf proceedings conlormable to the good relations
between the two counlrie.-, .'■ince he had ofl'ered them liis assistance in repairing their devia-
tions from their course, ami in providing them with provisions. Finally, the commandi-r of
the -Meout has not thought it necessary to inform the authorities of that incident, because it
a()]ieared to him of no importance, [iiisii^nificant.) and because on his part he was con.^cious
of not having transcended his rights, nor of having been wanting in his duty.
The undersigned flatters himself with the hojie that the federal government, informed of
these details, will consider the affair as settled, (/'///i/'i/iv// lODuiie : idc).
lie seizes at the same time this occasion to renew, \c.,
WKST.MANN.
St. I'iTi:Ksi;rKi;,y;^V 31, 1S6S.
[ I'.NCLnsURE 2 IN Mh. Ci.AV's No. iqj. ]
Mr. Clay to Mr. \\'i\<tnui)t!i.
Li:c..\ii()N ol' niK LMrKu Si.vtK.s,
Sr. I'KiKKsia kc;, .linens/ 2-14, 1868.
The undersigned has the honor to acknowledge the receipt of note \o. 2530 of his excel-
lency, .M. de Westmann, aeiing minister of foreign affairs, iVc, dated July 31, ultimo, 1868,
(). S., in reference to the affair in the Sea of ( )khotsk, which he will hasten to lay before his
government.
captain of
>aiiie day,
an whale
called on
for whales
L-^tablished
il lie com
J/// ^r,--
itions from
n recjuest,
til the two
iHi Aleoul
le moment
laloupcs, "
annon fire.
c l>o<iks of
anchor in
these facts
1, aiul even
against the
of the con-
the Java to
1 to remind
f a foreii^n
KC ilirecied
Me that the
cans I if the-
inly has not
in a lloatin};
rlissement,)
the Aleout
nns. I.icu-
m1 relations
their (icvia-
imandcr of
i, liecause it
is Conscious
nformed of
^lANN.
\, 1868.
f his excel-
timo. 1 868,
i Itefore his
103
Whilst the United States are justly jealous of all their maritiint' rights, the .\merican min-
ister iteiieves that hi> goveriinunt, having had many signal proofs i.l the Iriciully sciuiuienls
of His Imperial Majesty's navy, will be slow to believe that they or any jjortion of His Impe-
rial Majesty's subjects will (Ksignedly invade them.
'I'hi,' minister of the United Mates l)egs, \c„
C' M. UI,.\V.
No. 58.
Mr. Si'h'(V(/ /(> Mr. Clav,
[No. 295.] Deparimkm ok Siatf,,
\\ A.SHlNi.ToN, All'^tlSt 31, 1S6S.
Sir:
I have the honor to at knowledge the receipt of your <les|iat< h of llie i 4th
of August, No. 199, which is ai t oiiipaiiietl by a note wliich was addressed
to yon on the 31st of July last, \)S M. de Wcslinanii. at ting minister y^i for-
eign affairs, and whit ii t untains liie long-looked tor explanation of the
collision whit h occurred in the Sea of Okhtnsk hetween the coninuindant of
a Russian ship of war and two United States whaling ve.ssels, and which was
made a subject of intjuiry 1)\ this government. In st;l)stance the explana-
tion is, that Lieutenant !'-toline, ( onnnanding the Russian war st hooner
Aleoiit, on the 14th of July, 1S67, was entering the gulf of Toii^oiirsh, and
wasaljt)Ut 20 miles to the ntirth of the straits of Chaiitarsk, near tlie eastern
coast, when he discovered the United States whaling ship Java occupied
there in rendering the oil of a captured whale. The lieutenant had no
special orders or instructions or < harge from his government ctmcerning
the.se United States whalers, or indeetl any whalers, in Russian waters far
from or near the coast of Russia. Moved, howe\er, hv the t onsideration
that Russia enjoys the luideiiiahle right of admiralty in all waters lying
within three miles tif her territory. Lieutenant I'^toline warnetl the t ajitain
of the Java to hear off from the gulf of 'I'oiigtjursh. The captain of the
Java inunediately moved away, in prompt < ompliaut e with this warning.
On the next tlav the Aleout was in tlie liay of Mawgon. 'I'he captain of the
United States whaling schooner Uartiline Foot accom]janied the captain of
the Java, who called upon Lieutenant LtoWne. Then Lieutenant Ltoline
repre.sents that the cajitain of the Java on that occasion remarked that Lieu-
tenant I'^toline had no right ttj prevent their fishing for whales wherever they
liked. In reply to this general a.s.sertion Lieutenant l']lt)line said that there
are regulations, and that if the lajjtains of the whalers should insist on
breaking those r^'gulations he wtiuld be obliged to prevent them. Here the
conversation ended. Thus far nothing was done by either of the c aptains
of the whaling vessels which could l)e considered as an invasion or violation
of Russian jinisdiction. The conversation was a desultory one, having ntj
practical bearing uptjn any jiroceeding ever before or after attempted, or
even ctjntemiilated, by either party.
The parties, indeed, have nnitually expressed themselves with some indis-
cretion. Lieutenant Etoline does not allege that the whaling ship Java was
within three miles of the shore when he warned her to bear off. On the
other hand, the captain of the Java spoke unwarrantably when by implica-
tion he denied that the Russian authorities have a right to prevent foreign
vessels from fishing for whales within three marine niiles of their own shore.
Lieutenant Etoline then offered assistance and furnished ])rovision to the
schooner Caroline Foot, which vessel was then in distress; this proceeding
was commendable, and it is appreciated by this government. Here this
merely accitkiilal intercourse between the commanders of the Aleout and ot
the United States whalers Java and Caroline Foot pra( tically ended, and
certainly without having offered any serious ground of complaint to the gov-
ernment of either party against the other. The transaction, nevertheless,
had a scciuel, and this seiiuel resulted in a misunderstanding on the part of
the captains of the whalers. Four days after the vessels had parted in the
bay of Mawgon, the Aleout met a whale afloat. The commander ordered a
cannon to be fired at the whale by way of a trial shot. At the same moment
there ai)peared, at about i6 miles' distance, a sail, name unknown, and
nearer, three chaloupes, the nearest of which was more than three miles dis-
tant from tlie Aleout, but all in the direction of the cannon shot. In the
evening all of these vessels had disap])eared. It is to be presumed that the
Java was one of those vessels. The captain of the Java, hearing the rejKjrt
of this trial fire of the Aleout, seemed to have referred it to the conversation
he had had lour da\ ^ bef-e with Lieutenant Etoline, and so he has, not
unnaturally, represented the transaction to this government as one in which
the Ru^•^ian c^fticer had fired upon his whaling vessel with an intention to
drive him from the Sea of Okhotsk.
Lieutenant Etoline disavows and denies the construction thus put upon
his proceeding in the transaction, an'' the denial is rendered entirely credi-
ble by the fac t that he set down only the fact of his firing at the whale in
his log-book, and of the vessels seen in the distance; nor did he think his
proceeding of such importance or interest a.s to rejjort it to his government,
and he was surjjrised when informed of the construction which the captain
of the Java had put upon it.
In any ( luse, the disavowal by the Russian government of any hostile or
uufriendlv direction, instruction, or sanction of any proceeding or intention
unfriendly to the LInited States, is liuite abundant for the satisfaction of this
government.
You will give a copy of this communication to Mr. de Westmann.
I am, sir, tvc,
WILLIAM H. SEWARD.
ne indis-
Java was
" On the
implica-
t foreign
,'n shore.
in to the
nceeding
^ere thi.s
.It and of
ded, and
the gov-
jrtheless,
le part of
ed in the
)rdered a
moment
3wn, and
niles dis-
. In the
that the
he rejKjrt
versation
lias, not
in which
ention to
put npon
ely credi-
: whale in
think his
ernment,
le captain
hostile or
intention
on of this
nn.
ARD.
PAUX IV.
The following correspondence has recently taken place in
relation to that part of the Pacific Ocean, adjacent to tlie Rtis-
sian possessions.
No. 59.
Mr. Frelinghnyscn to Mr. Hoffman.
DeI'ARTMENT oi Statk,
\Vashin(;t()X, March 7, 1882.
[No. 120.]
Sir:
I inclose copies of letters from tlie Treasury, and a coiiy of a letter from
Messrs. Lynde X: Hough, of San Francisco, to the Secretary of the Treasury,
touching the Pacific coast fisheries. This latter communication states that
according to late news "foreign vessels must receive an order from the gov-
ernor of Siberia, besides paying duties of ;ftio per ton on all fish, (aught in
Russian waters," which they say would be ruinous to their business. In view
of the above, I have to ask that you will make immediate in(|uiry on this sub-
ject, and report the facts. If a brief telegram will furnish information of
value to our fishermen in this regard, you can send one.
I am, &:c.,
FRED'K T. FRELINGHUVSEN.
[ Enclosi.kh I IN Ni). 120 ]
Mr. Fo/ger to Mr. Frriinghiiysiii.
TRb-ASUKV Dia'ARlMKNT,
/•'iliruary 2, iSSj.
Sir:
I have the honor to acknowledi^'o the receipt (f yniir loner of the 3(1 ultimo, transmiUini,' u
copy of a dispatch of the 2i.st of November last from the minister of the I iiited States at 'lokei,
Japan, with its inclosure, relative to the notice gi\eu by tlie Russian consul at W.kohama in
reference to the licensing of foreign vessels tradlnt,', hunlin-, or lishint; on the Asiatic coast of
Russia.
I have to inform you that this department has issued circular instructions to collectors ol
customs' and others, at every port thr»>UKhoul the country, to which the Kussian consul's notice
is subjoined, dated January 30, 1S82, and I inclose herewith six copies of the circular.
\'ery respectfully,
CIIAS J. I'tU.CKR.
io6
[ t"ll« l'I.AK )
l\-rmit rn/nin;/ for /iiinfin-, tnuiini;, <iti,/ /is/iiit- .'ii A'msiaii axuts of llw Ok/ioLd- mid
/ii/iiiii^' Sttis.
'I'KKA.M KV DKI'AKIMKM, Ohl-KI'; ol- TIIK SlXUr.rAKY,
\\ xsiiiMnii.N, 1>. C, J,!in/ii/r JO, /SSj.
'i'n CoI.l.l-CTdRS nv (.'ISTOMS AMI OTIIKKS :
The <iil'iiiiiie(l lu.licc l>y the Russian consul at Nokohama, that American vessels are not
allowed, without a sjiecial permit or license from the (;overnor-<;encral of lOastern Siberia, "to
carry on liiuiiinL;, Iradinj^, tishin.L;, .Vc, on the Russian coasts, or islands in the ( tkhotsk or
ilclnin^' Seas, or on the northeastern coast of Asia, or withni the sea Injundary line," is pub-
lished by the dei)artnienl for the information of American shipmasters interested.
It will lie observed that the Russian order took effect on January I, 1882.
ciiAs. J. 1()L(;i:r,
Sitretary.
NOTICK.
At the reiiucst of the local authorities of r.ehrinjl' and other islands, the undersigned hereby
notifies that the Russian Imperial ( iovernment publishes, for t;cncral knowledge, the follow-
ing:
1. W iihout a sjiecial permit or license from the governor-general of Kastern Siberia, foreign
vessels arc not allowed to carry on trading, hunting, tishing, \c., on the Russian coast or
islands in the ( ikhotsk and I'.chring Seas, or on the northeastern coast of Asia, or within their
sea-boundaiy line.
li. For such permits or licenses, foreign vessels should apply to Vladivostok, exclusively.
HI. In the jMirt of I'ctropaulovsk, though being the only port of entry in Kamt.schatka,
such ixrmits or licenses shall not be issued.
I\'. No permits or licenses whatever shall be issued for hunting, fishing, or trading at or
on the (imiiiunlorr and Roblicn Islands.
\'. hireign vessels found trading, fishing, hunting, \c., in Russian waters, without a license
or permit from the governor general, and also those possessing a license or permit who may
infringe the existing by-laws on hunting, shall be confiscated, both vessels and cargoes, for the
benelil of the government. Tiiis enactment .shall be enforced henceforth, commencing with
A. I). 18S2.
\ I. 1 he enforcement of the above will be iiuru.sted to Russian men-of-war, and also to
Russian merchant-vessels, wliich, for that purpose, will carry military detachments and be pro-
vided with proper instructions. _ i- .x,
A. rEl.IKAN,
//. /. A'. J\I. Consul.
V('Kiiii.\.M,\, .A't'jV'//',;- /j, jSSi.
I l'',N( i.iisinii; 2 IN No. 120. J
J\fr. Fii/gcr to Afr. J'n-Iiiii^/iiiyscii.
Trkasurv Ui:i'artmf.nt,
Fchnuuy 24, 1882.
Sir:
I have ihc honor to enclo'^e herewith, for such action in the case as you may deem proper,
a letter from Messrs. Lynde .V 1 1, .ugh, of San Francisco, Cal., stating that they are extensively
engagc<l in the I'acilic coast cod lisheries, aiul that they will fit out their vessels, to sail about
the 1st of .May ncM, in that enterprise, in which they have never been molested; but they now
learn that foreign vessels must receive an order from the governor of Siberia, besides pay a
duty of Sio per ton on all fish caught in Russian \vaters,*which, if sustained, will be ruinous.
Very respectfully,
CIIAS. J. FOUiER,
Secretary,
[EnCLOSI'KI- 3 IS Nil. I20. ]
A/i'ssrs. Lxihic ^ H('U\:;lt to Mr. Iuil\:,cr.
San I''r.\N(Is( m, lu-hnmrv 15, 1882.
sir:
Vou will please ])ar(l(iii us for this si einiiis; intrusion, hut the maiter we nuw seek your aiil
and kind assistance is of ^;reat import to us.
We now are and have been extensively en<;af;c(l in the Pacific coast cod fisheries, and, in
fact, are amonj; the very few fifteen years ai;o who started in a small way, helievinj^ with
energy and fair dealing we could work uji an enter])rise tliat would he a henetit to the coast.
Our ideas were correct. NVe have ineii yearly sending vessels to the coast of Kamtschatka
(Sea of Okhotsk) for fi.sh. We never have heen molested in Russian waters from catching
codfish or procuring bail, which are small salmon in the rivers, or tilling fresh water for use
of ship, hut it ai)[)ears now there is a law which has never heeii enforced against foreign*. .
the same we have recently noted, and which we have been a]iprised of, and the substance is
that foreign vessels must receive an order from the governor of Siberia, besides must |)ay a
duty of $10 per ton on all llsh caught in kussian waters. I'his decree, if sustained, is ruinous
to one of the best and rising industries of the coast, and as we fit our vessels to sail about 1st
of May, leaves us biu little chance to arrange matters this season sa\ e with your kind assistance
in the matter. ( hir business is li.shing entirely. We u>e no trade with natives, having nothing
to do v.ith the taking or purchasing of furs. At this time we are placed in a very bad jire-
dicament. Trusting that you can relieve us from this embarrassment, and receive an early
reply on the subject,
We are, \c.,
l.VXDK cV llUKill.
1'. S. — Our ves.sels llsh from ten to twenty live miles from sjiore.
No. 60.
Mr. Ho/piKVi to Mr. FrclingJiuy.^cn.
[No. 207.1 Lkc.VIION 111' IllK rXlTKI) SlATES,
St. Peikkshukc, J/(//r// 14, i;^S2. ( Received Aiiril 3.)
Sir:
I have the honor to acknowledge the receipt of" a cin iilar of the Treasury
Departmeait of Jtily t^o last, upon the subject of fishing, etc., m the JJehring
Sea and in the Sea of Okhotsk.
I am able to give the Department some bttle information tii)on this sub-
ject, derived nearly four years ago from Mr. Charles H. Smith, for many
years a resident of Vladivostok, and at one time our consul or vice-consul at
that port.
A glance at the map will show thai the Kurile Islands are dotted across
the entrance to the Sea of Okhotsk the entire distance from Japan on the
south to the southernmost ca])e of Kamtchatka on the north.
In the time when Russia owned the N.liole of these islands, her represen-
tatives in Siberia claimed tha't the Sea of Okhotsk was a marc clamum. for
that Russian jurisdiction extended frtjin island to island a.Ki over two marine
leagues of intermediate sea from Japan to Kamtschatka.
io8
But al)out five years ago Russia ceded the southern group of these islands
to Japan, in return for the half of the island of Saghalin, whirh belonged to
that power.
As soon as this was done it became impossible for the Siberian authorities
to maintain tiieir claim. My informant was not aware that this claim had
ever been seriously made at St. I'etersburg.
Tlic best whaling grounds are found in tlie bays and inlets of the Sea of
( )khotsk. Into these the Russian Government does not [jcrmit foreign \shalers
to enter, ui)on the ground that the entrance to them, from headland to head-
land, is less than two marine leagues wide. i'>ut while they ])ermit no foreign
whalers to penetrate into these bays, tliey avail themselves of their wealth
very little. The whole privilege of whaling in those waters is a mon(jpoly
owned by an luiimportant company, which employs two or three sailing
schooners only, the trying and other laborious work Ijeing done at their sta-
tions on shore.
Referring to my No. 44, of June, 1878, I have the honor to add that
IJaron Stoeckl told me in conversation last winter that we failed to make a
fishing treaty with Russia in 1868 principally on account of the vested
interests of this company.
Mr. (.". H. Smith now resides at Great Falls, N. H., and would be glad,
I am sine, to put his information at the service of the Department.
I am, sir, iS:c.,
wickh.vm mokfman.
No. 61.
]\fr. Hoffman to Mr. Frcliughuyscn.
[No. 211.] LEfWVTlON OK THE UNITED STATES,
St. I'ETERSHURc, March 27, 1882. (Received April 13.)
Sir:
I have the honor to acknowledge the receipt of your No. 12(3, with its
inclosures, in reference to our I^acific ocean fisheries. Your dispatch
readied me yesterday, and to-day I have written to Mr. de (iiers ui)on the
subject, and 1 |)roi)ose to call upon him upon his first reception day. In the
meantime, and until further information, I do not see that any new orders
ne( essarilv affe< t-ng our fishermen have been issued by the Russian Govern-
ment. Messrs. l.vnde \: Hough have apparently given insufficient attention
to the words "Russian waters." These waters are defined in the notice
publislied b\' the iini)erial vice-consulate at Yokohama as follows :
I'ishiiii;, etc., on the Russian coast or islands in tlie ( )khotsk and Beliring Sea.s, or on the
niirthcastern coast of Asia, or within their sea i)oiUKlary line.
If I recollect corre-tly the infi)rmation given me by Mr. Smith upon
this subje.t, referred to in my \o. 44, of Jmie 1878, and in my No. 207,
I()0
of this month, thi- rod hanks lit- in thi' o|kmi Se;i of Okhotsk, many marine
loagufs off tlu' si'utluwsti.rn ( oast of Kanischatka. I ohscrvr that Mcssts.
I.yndc \ llougii state that their vessels lisii from ten to i wen I \ five mill's from
tile shore. At that distance in an open sea they lannot he said '"to fish
upon the (oast."
1 do not tliink that Russia claims tlial tiie Sea of Okhotsk is a man-
,- /au.ui III, owx wWnh she has e\i hisive jurisdiction. If shi- does, her ( laim
is not a tenable one sin<e the cession i^\ i>art o\ the group of tlK' Kurile
Islands to Japan, if it ever were tenable at any time.
I may add that, according to the intormation given nic four years ago,
Russia ()i)poses no ohjec tions to foreign fi.->henvien landing in desert places
on the coast of Kamtsi iialka. far from the few villages which are found on
that coast, for the i)urposes of ( atdiing bait and j'rocnring fresh water ; but
she does object to all communi( ation between trading and fishing vessels
and the inhabitants, alleging that these vessels sell them whisky, upon
which they get drunk and neglet l their fishing, their only means of livli-
hood, and then, with their wives and children, die of starvation the ensuing
winter.
[ am. sir. vV'c,
WICKHAM HOFFMAN.
No. 62.
Mr. Ilojfuian to Mr. Frdinglinyscn.
rXo. 228.1 I.kcahon oi- thk Um ikd SrATi.s,
St. I'k lEKSHi-Kc, May 22, 1882. (Received June 6.)
Sir:
Referring to your No. 120 and to my Xos. 211 and 215. T have the
honor to forward to you herewith a translation of a note recently received
from Mr. de C.iers upon the sul)ject of hunting, fishing, and trading in the
Pacific waters.
I do not see that there is anything in the regulations referred to tliat
affects our whalers, nor our cod-fisheries either, except that when they go
ashore to catch small fish for bait in the streams, they exi)ose themselves to
interruption from the Russian authorities, who. linding them in territorial
waters, may accuse them of having taken their fish therein.
I will endeavor to i)rocnre and forward you a translation of the articles
of the code referred to by Mr. de (liers, that you may have the whole
matter before you. This cannot be done, however, nnder several days.
1 am, sir, «S:c.,
WICKHAM HOFFMAN.
I lO
[I'.NCI.dM'Rl'. IN N". ^.iH-- r«ANSt.ATInN. ]
■ J//-. ,ir Giers to Mr. Ifoffman.
MlNIVlRV UK FuRKKiN AllAlKS. AsiAiii: 1 )i:i'ARrMi:NT,
May S-30, /SS^.
SlK :
Kclcrriii^; to the e\cliant;e of comimmic;iii(>iis wliicli lias taken place lietween us (in the
subject of a notice pulilislu'd by our consul at Vokuliaiua relative to fishing,', hunting', and to
trade in the Russian waters of the racitic. and in reply to the note which you achlresscd to me,
dateil March 15-27, I am now in a position to jjive you the foilowini; information:
A notice of the tenor of that amiexed to your note of the iStli March was, in fact, published
bv our consul at Vokohania, ami our consul-general at San Francisco is also authorized to pub-
lish it.
This measure refers only to [jrohibited industries and to the trade in contraband ; the restric-
tions which it establishes extend strictly to the territorial waters of Russia only. It was rc-
iiuiri'd by the numerous abuses proved in late years, and which fell with all their weight on
the population of nur seashore and of our islands, whose only means of support is by lishing
ruid hunting. These abuses inflicted also a marked injury on the interests of the company to
which the imperial government had conceded the monopoly of lishing and hunting ("evjiorta-
tion"), in i>lan(ls called the "Commodore" and the 'Seals."
Beyond this new regulation, of which the essential point is the obligation imposed upon
captains of vessels who desire to llsh and to hunt in the Russian waters of the Tacilic to [iro-
vide themsclvo at Vladivostok with the |)crmission or license of the governor-general of
Oriental Siberia, the right of lishing. hunting, and of trade by foreigners in our territorial
waters is reguKnted by article 5(10 and those following, of vol. 12, jiart 2, of the Code of Laws
Infiinninu you of the iircceding, 1 have the honor, \c.,
' GIERS.
[No
Sir
No. 63.
J/r. Hoffman to M". Frc/iiio/niy.^cn.
ji.] LEdATioN OF inE United Statks,
Sr. I'la-F-i^^iiCRi;, /////(■ 14, i.S,S2. (Received July 3.)
Referring to inv \o. 22S. I liave the honor to forward to you herewith a
traushitiou of a note and iiulosure received yesterday from Mr. de (liers upon
the suliject of IJshiiiL: and hunting in the Russian Pacific waters. As far as I
am at present inforined. the dei>artment lia.> now liefore it the wliole legisla-
tion id Russia upon the sulijec t.
I am, sir, iV( ..
WK'KHAM HOFFMAN.
[ Kn( 1.. >SI Itl-- IN \.>. Jll.— ■rn.\NSI..\TlnN. 1
Mr. di- G'crs fo Afr. /fi'Jfiiiaii.
MlNlsrKV Ol- FoRKIC.N .\1'1-A1RS, ASIATIC 1 )l'.l'AKTMKNT,
///;/,■ I-I3, 1SS2.
Sn<
In conseiiuenee nf the Udte which you addressed to me on the i3-25th May, relative to
fishing and hunting in our Tacitic waters, and in which you expressed the desire to have a
traii-laiion of the articles of our code which govern the matter, I have the honor to transmit to
you herewith a translation of articles 560, etc., of the code, vol. 12, part 2.
Rec
eive, sir, \c.
GIERS.
Ill
[ rnASsl..MliiN I
Ak r. 5()0. Tlu- maiitiiiu' waters, oven when they wash the .shores where tliere is a iicrma-
iiLiit iMipuhuioii, cannot lie the suliject of |>rivale possession; they arc open to the ii.>e of one
anil nil.
Ai< r. 561. No oxccinioii will lie niaile to this ^eiicrnl rule except tnider tlje form of special
privileges, granted for the rii;lit of li^hinj; in certain lixeil localities, ami durinv; limited peno'.ls,
AiU'. 562. The aliu\e lei^ulatioii rci;ai(lin^ the rit;hl of lisliin^; and atialoj;oii> nccupaiions
on the seas extends ei|ually to all lakes which do not lielmn^ In private properiic-.
Aki'. 565. No restriction shall I'c rslalilished as reganls the .\pparalu^ (eni;inesi enijiKised
for tishiiif; and for analoLjous occiipaiions in the hi^h seas, and it shall he permitted to every
one to use for this purpose sucli ajiparatus as he shall jiul^e to I'C best according; to the circum-
stances of the locality.
Wki'. 571. Ships in i|uaraiiline are not permitted to li.,li; the same prohihition eslends in
general to all |)ersons in those localities where ships are lyin^ uiulertjoint; ciiiaraniine.
No. 64.
Mr. Bayard to Mr. Taft.
[No. ,3.]
Sir
Dei'.vrtmknt ok Si atk.
\V.\slllN(;T(iN', Miirch 25. I.S.S5.
I enclose a coiiv of a (ksjiatc I1 frcmi Kanagawa, Japan, ami nl" the {lapeis
aceonipanying the same, relatint; to the imwari-anted sei/.iire ot' the .schooner
" Eliza," the projierty of a highly icsijectetl .American citi/.en doing busi-
ness at Yokohama, japan, by the Russian < rniser •• Ra/.bo'i'nik."' m the
Anadvr river, on the 2ist Julv last, and its stiiiseipient '•confiscation'" by
the captain of the crniser, withont any court of iiKpury.
According to the statement of the owner, the vessel was on a trading
vovaire and catching walrus. No act obnoxious to Rtissian law .seems to
have been committed in the premises; neither w.is any arlii le carried by
the vessel which coiikl have warranlctl the sei/.nre .uid cuiiti^c ali.m rcK-rred
to.
The papers have been carefully examined by the law officer ^A the De-
partment ami. in ])ursuance of his advice, 1 have tu ask that you will jiresent
the claim of Mr. F. C. Sjjooner. the owner of the •• i:iiza.'" t\ir the favorable
consideration of Mis Majesty's (".overnment.
"The peciiiiiarv loss to me." says Mr. S|iooner. in his sworn statement,
"of the vessel and cargo, would amotmt to ten thousand dollars, and for
this sum, together with all other exi)enses that may ai)i)ear to have been in-
curred through this seizure and confiS( ation. I wish to make claim on the
Russian Government."
I am, &c.,
T. F. HA YARD.
I I 2
I l-.MIi'MKl; IV Ml< IIWAIIIIS No. IJ. ]
.\/i. A'hi- /i> Mr. JuiyiiiiL
L-No. S7.).]
rNIIKD StATKS CiiNSlitATK r.l'.NKRAl.,
KANAdAWA, JAI'AN, J'f/'IIKVV (), I.SS5,
^1,^. [Keceivftl Marcli if).]
Ilcrewiili I liave the Imiior to haiul you n comiminicatioii from Mr. I'raiicis C. Spooiicr, a
liiL;lily rL'si)oinal>lc .\mericaii mcrcliaiil, for many ycarN resident and doint; Imsincss at Voko-
haina, lapan, coiicerniiin the seizure I'v the Kiis>ian authorities of tlic schooner " Kliza," the
properly of the said Spooner, oil the 2(ith of July, 1SS4. I also enclose the depositions of
.\ustin Weston, master, and Alliert \Vi\oM, mate, of said vessel, yiviiiji the details of the
sehooner's cruise and her seizure.
Ironi these papers it would appear that the schooner was en^;a<;ed in no ille(,'al commerce
and was violaliiit; no law or olili|,'ation and that the said seizure was an act of piracy.
I also enclose crrtitied copies of the bill of sale of said schooner to Mr. Spooner, certificate
of American owuer.-hi]), certiticate of chan(;e of name from '• Kiwa Kli/aheth" to " Kliza,"
and copy of last clearance of saiil schooner from this port.
1 commend to favorahle consideration the claim of the owner for the ilamayes as assessed
I have, i-Vc,
GEO. K. RICE,
I'll-,' Consul Giiwral.
[ K.NCKiscui'. 1 IN Mrt. Ric i:'s No, 87.;. ]
Afuiavit of F. C. Spocii
rr.
I, F.r. Spooner, owner of the schooner "Eliza," that left this jiort on the 21st March
last, umler [jroteciion of the American Hag, and was seized liy the Russian cruiser " RazWinik,"
in the Anadyr river, on the 26th day of July last, do hcn'by protest against the seizure as ille-
gal and unwarranied, and dr.Mre a representation, through the proi)er authorities, to the
Russian (Icjvernment.
The vessel was simply on a trading voyage, engaged in bartering with the natives and
catching walrus, an<l as sucli did not come under the notice of the Russian Covernment which
was direct. 'd .against the capture of seals on Copper, Robbin and Heliring's Island.
I hand herewith altidavit of the master, Austin Weston, supported by his chief otiicer.
The vessel's paptr> were in ortler and she had lieen properly cleared from this port. No salt
was on board and no preparation made for an attempt to take seals.
The vessel ha^ been conliscated by the Captain of the "RazboTnik" and without any
court of en(iuiiy, which highhanded act 1 believe to be against the Law of Nations.
The pcciuiiar)' loss to me of the vessel and cargo would amount to ten thousand dollars,
and for tiiis -^um, together with all other ex]ienses that may apfiear to have been incurred
through this seizure anil conliscation, I wish to make claim on the Russian Government.
F. C. SPOONER.
Sworn to before me this 20th November, 18S4.
[ska,.]
GEO. E. RICE,
L'. S. J'iir Cons7il-Gtneral, Kanaga-uHX, lapan.
1 1
,>
f l*N('lll>l HI! .' IN Mh. Kii k'a No. S713, ]
AlliihVi'it of .lintm IWstoii, iiuisi,)- of I hi' .{iiiiricaii s./i<>,>ihr '•/■.'//:</."
I, Austin Woloii, hitu iiiaNiiT of ilu- Aiiutkmm -i'Ikhurt " I'.li.'a," I ciiit.', duly 'vvurn, il>>
luicl'V aliiriu:
Sailfil frnni Vol.oliiUiin, March 2lst, 1X84, with a cri'w nf r4, all tdld. c^>ll^>istlu^ of uivsclf,
two olliccrs. cook, and 10 men licforc the niaM, hound on ;i huuliiii; and trading voyaj^e to
Northenslcrn Silicri.i.
My caij^o con-i^tcd of a>Horicd an<! ^;oncral j^oiuU such a- arc rc^juisiic in that -icctioii to
uhiain whalclionc, i\nry and furs.
My vessel was didy clcaicd from llic Ndkoliama customs, the 2Ist of March, the <l.u <.f
sailini.;.
A specijicd invoice of cvcrylhini; on hoard \v,i> supplied nie Lcfore leaving. S.akd tor
r.ehrinn'.s Straits, was in the ice pack 41) days, and reached I .i|iei haplin on the J.^rd. . ' Innc,
where I traded for hone, ivory, furs and hlulilier.
Left Chaplin for St. Lawrence hay and V.a-\ Cape, where I '^yi a i;"''d riuanliiy of hone and
furs. Returning; thnm^;!! the Straits I sailed to the we>iward. >ioppinj; at < ap<' Achcen, and
ihcn into the tiulf of Holy Cross, where ( remained 17 day> huniin- and killing walrus; then
to the moutii of the Anadyr Kivcr, where 1 arrived on the 2 ^rd Inly.
I'roceeded up the river a few miles to a vill.a^e, traded licre an<l continued on. < >n the
26th, ahoul 2 p. ni., was hoarded hy a hoat from llie Kus^ian trui-er " Ra/hoinik" .uid ordered
to rei)ort on hoard with my lo},' hook and all sliij) papers.
These consisted of ship's articles, hill of sale, \okohama ^learaiue anrl manifest of caryo
and stores.
'Hie latter wrs fouml and produced a short tinie alter s( i/.ure, alihuuyli mislaid .ai the time,
and no atteui|)t was made to conceal anytliinfi.
The vessel was at once declared to he con'iscale i, and I with a portion of the crew were
taken hy the " Razho'inik " to I'elropaulski and landed, 'i'lie remaimler of the crew were kept
on board the schooner to work her to VI., livoMok. .\fter heini; .M days at I'e'n.pauhki, 1 was
ai^ain taken on hoard the " Ra.hohiik " and taken to XIai.ivostok and a^am set at lil.erty. The
schooner arrived off the harbor the smie day and wa-. towed in by the crui.->er; was afterward.s
liauled into dock and everything; taken out of iier.
Immediately on arrival at \ladivostok, the 5 men who had been detained on hoar.l the
" Kli/a" to work the vessel, were thrown on the hands of the consul, and their e.vpense.s there
and passage to N'okohama refused.
I deny the statement in the I'roioc.l that the vessel ha.i neiihcr bill of ladin- or clearance.
for she had both.
There was a ;:reat search made for .^alt a.-, the mo>l jmi>ortam article to cause conllscation.
but there was none on board.
I sailed from Nokohanui with positive instructions from my owners not to attempt any cap-
ture of seals an.l to keep away from the islands IVcjiiented by ihem, knowin- the Russian < iov-
ernmcnt had lorbidden any depredations. .My tradint; voyas^e wa.s similar to what has been
goiny on for vears without molestation from the Russian ( ;overnment, and 1 plead ii,Mi(,rance
ihat Uie notice i.ssued and referred to in the proioct,! was inten.lc.l to api-ly to anything except
the orotecion of the seal lishenes. and particularlv to the < 'onper, Robbin and Hehring Lslands.
' Al'^riX WKSTOX.
Sworn to before me ihi.s -:0th November, 1SS4.
[si. \i 1 t!K(). L. RI< L,
■- " i: S. I'ii-i' C\uisiil-G,-tn-r,ii\ k'an<!:;.i:,ui,J:iNjn.
Mbert Wixon, being duly .sworn, savs that the foregoing is a true and correct statement.
.M i;kri' wixon,
.I/,?/t- S:-/iooiter "■ Juizay
Sworn to hefor ne this 20th November, I SS4.
[si.;.M..] C,K(). L, RL L,
114
F.N<I."'^ll<l^
. ,N Mu Kill'- N" 870.]
[,. r.n.i. or sAi.r.l ^
K. -'-rr':'"^;:^:"--'^^^^
■>j 'joncr 111
^1"""^' •"■ ■^, , •: ,, ■■ . , too •■•• ) ihc ack,vnvle<l-cmcm of payment of saul sum consliUU-
ing a lnll..i^alcfoi-ihc«i<l schooner. N. ^0.
[sivM.j
A. PKl.lKAN,
//. 1. .)/.'.« Ct'iisiil.
[. <THTI.I<A.EopAMrKIcAV-VVNUK-M.rl
'. ■-^- "■ V"- '--■ '•':-' rTu':;!: >::ir ;:^.:^^^^^^^ m:::^-:
;,f a,c >cho,.K.r •• i:ii.a-, fomuTly ca lecUh. '-^^ 'V' ^ ^ ,„,,,,. „„,i ,„.i i,on
over all, 74- ^et: breadth, 30 feet: depth, ^^^^^ Kui „ ronsul, to K. C. Spooner,
....ea;.tem.eUip.ic Sold..lt™«^^^^^
,naer U.r,.cl..ure of -'-^^^^^- ^^ " '^^ j^, „„ ,, r. Spooner therein mentioned as pur-
„y the .tbscrilnn, party ; and 1 ^ ' ^^ ^^J ^^ ,;^^,,„,,, „,, ,„„<, .„d the .eal o,
,,,,..r of .aid vessel .s a cUuen ol the L ^^'^^ ^,f „^,^ ,,.,,i ,SS..
U. ..n^datefeneral, tin. tlnr.-nr. da> o, Ma>. >c^^^^^^ ^^^ ^_ ^^ ^^^.^^^^^^
[si AI..] Ci,/is///-G\i''-ni/.
^ Wb,,.c as 1 l-ra,d. ( '. Spo.,ner. of N„kohan,a, n, .lu. hnqure
•l-„allvvh,.mUnmconeern '^^'^'^•'\:' U, '• Ki-a Eli/aLeth,- of Yokohama,
., Japan, an, .he .ole owner o. '- -'^ ^ ^^ ,,,„^, ,,, „,„, of said schooner:
tHe;!;::;::;:::;:::^;'^-^
1 u , 1 tii.i •> l-H/a " of \'okohann.
will be known a.- and called the i.ii^'a,
vear one thon>-
Witnc. n. hand and .eal :U Yokohama , hi. thirnlir. day of Mav, in the year o
and eight hundre.l and ei-luy two.
[>1A1.]
y c. sr( H )NEK.
I'.v his attorney: t'liAs. \Yu;.;iNS.
Si^nedand.ealedin|i.K.'. 1^. K";;-
I ^ (MNstMAlt-ClNKKAl, KaNN<;VWA. JAI'AN.
■ , . ■ , r Mav in the vear one th.u.sand cij;hl ht.ndred and cghtylwo
* '" ""■■ ""■ • '",,;• ,n ?i 1 W,u..n., known to me to be the attorney for V. < .
personally 7--' ';;;-;;; l.ttrtiment, and who acknowledged to n,e that he
Spooner, and wlio eNecaled tnc loie^ u ,-,
execute.! (he same lor the ptnposcsiiierem set lorth.
vi„K,- „.,■ u„),.„ „„.»H. »., .. ,:,. , ...i ."..;■ '-•■;;;■';"
rii»_)S. r>. \ ■\^ bi ki.n,
[sKAI..] Coililll-(n)!-ni/.
Kec.led in Kecord-Uook .>of the t. S. Con^tlatC General a. Kana.awa, Japan, this 31st
May, 1SS2, at II a. m.
115
iS82.
ion on ihc
il I'V V. C.
irce tlwus-
1 conslilul-
Coiisit!.
KaiKiii;a\va,
M:iy, 1SS2.
oil and iron
C, Siiiioiicr,
Illy executed
oned a> inir-
d the seal oi
11 the I'minrc
f N'okohama,
lid schiioner :
said schoimer
?ar one thou>-
lAS. WlCClNS.
V A, J \1'AN.
iiul eii;hty-t\v(i,
mney for V. < '•
1 to me that he
written.
RKX,
.///■(nli Id/.
Ja\)an, this 31st
[ 1. Ckktifuati; di' Cltauanc r of "Ki.i/.a ")
CoXsfl ATI. (.'ilNKRAI. Of lltK. Um IKD SlATIvS OI' AmKRIC.V,
JAur/i 2 1 St, lS,S4.
I, the undersigned, I leputy ("(nrsul ( leneral of the I'liited Stales of America for Kanagawa,
Japan, and the dependencies thereof, do hereby certify that .\. Weston, master of the scliooner
called the " Kli/a," of Yokohama, having this day ohi'nted to me the clearance of said
schooner from the proper authorities of this port, I have delivered to him, the said master,
the liill of Sale and I'a;)ers of the said schooner, duly deposit(:(l in this Consulate < ieiieral on
the 6th day of Noveml>er, 1SS3.
(liven under my hand and the .seal of this Consulate (ieneral the day and year ahove
written.
CKO. K. RICK,
[.•^KAi,.] ('. S. /)r/>iitY Coitsti! Gnin-al.
U. S. OiNsfi.AiK Oknkrai..
K \n.\i;a\v.\. Jai'.vn.
I, \'ice Consul (.Ieneral of the Iniied States at Kanagawa, Japan, do hereby certify that
the foregoing l!ill of Sale fnm His Imperial Russian Majesty's Consul to !•'. C. Spooiier ;
certilicate by the Lnited States Consul General (jf American ownership, and certiticiite of
change of iiame ; also certificate of clearance, constituting t!ie pajiers of the schooner " li'.i/a,''
of Yokohama, are true and correct copies of the original of same, of record in this consulate.
Witness iny hand and seal of office this ninth day of I'eliruary, A. 1)., 1S.S5.
C.KO. K. RICK,
[sF..\I.] I'iit' Coii.iul GiiitTiit.
A'O. 6 =
J/;-. Bavardto Mr. U'nrts.
[No. 50.]
Dki'aki'men r oi'- State,
Washixcton. /.'///(■ z'^, 1.SS6.
Sir :
I have to call the attei^tion of your legatitin to the iiistnictioii of March
25, 1MS5, to Mr. Tat't in regard to the seizure of tlie schooner "Eliza" l>y
the Rtissian rrniser •' Ra/i)oinik." July 21, TS.S4. \o answer seems to have
been made to that instruction.
Mr. Ctimmings, the attorney of the t laimar.t. lias recently inquired as to
the a< tion if the legation in the iireniises.
' I am, i*v:r.,
r. i\ l',.\N.\RI).
No. 66.
Mr. Bayard to Mr. Lolhrop.
Dk.i'-\kt.mkn:' of Siati%
Wasiiinoton, DciL))il'i'r \. 1SS6.
[No. 65.]
Sir:
I transmit a cojiy of a desjtatch from the Unitetl States consul at Naga-
saki, relating indirectly to the seiztire and confiscation of the American
schooner '-Henrietta" by the Russian corvette " Kreysser," in I5ehring
Strait. ofY East Capo. Augu.l 29 last, fc.r Hshing an.l trading in Russian
wurrs Vcu will please ap,.ly. with due urgenry. to tlie Kniperor s >'ov<Tn-
,ncnt for the fa. ts and an explanation of its claim. Opniu.n as to the
merits of the (piestion is for the time reserved.
I am, Ike,
T. F. BAY.VRD.
[Xo. 44-]
Sir:
[F.NriosfiiF IN Mn. I!.sv.\Ki>'s \n. fi;..!
J\fr. Birch to Mr. Fortcr.
L'NnKi' Stati-.s Cdnsui.atk,
Nagasaki, Japan, October iS, 1S86. [Kec'd Nov. 23.]
1 bur tlu. honor 10 inform vou that five destitute seamen, named Charles I'.lui>, Charles
,;ile,, Thomas < ireenfell, James Hurley, and Frederick Nelson, came upon th.s consulate
lo-dav from Nlailivosiok. , ^ ■ t- i-„.,;o
These men were part of the crew of the schooner "Henrietta,' of San Trancsco l.en a-
min Dexter master, and James Sennett owner, which was seized and cot.tjscat^l by the
Russian corvette - K.eysser," in Behring Strait, off Kast Cape, August 29th. iS86, f^>r h.h.ng
and iradin- in Russian waters.
1 learn' tinu the vessel and cargo confiscated amounted in value to about .S25,ooo.
1 enclose a conv of the letter sent by the cajHain of the corvette •' Krcy>ser ' to th.s con-
sulate I have forwards the seamen to Yokohama, where they may find employment on
hoard an American vessel ..r a passage to the United States more likely than a, tins port.
1 ha\ c, iS:c.,
JOHN M. niRClI.
i '. S. Consul.
• [F.NCLOSCHH IN Mk. 15niCH . Xo. 44.]
Li'ffrr of Captain Osto/opnff.
1 herein- ccrtifv that the un.lermentione.l ilve men are American citizens, taken from the
schooner •• UennJtta,- confiscated by the Russian corvette •• Kreysscr, ■ u. the Rehnng Mrau.
Thev arc not uuil.v in anv vioU-ion of the Russian law, and are therefore sent to tl^ d.s,x,s.-
tion'of the Amcr,ca„ consul at Nagasaki: Charles ISlois, Charles (iiles, Ihomas ( -reenfell,
janvs llurlcv, l-'redcrick Nelson.
Taptain of 11. I. K- M's corvette " Kreysscr.
V. osroi.oroif.
[SKAI.]
j-ij ttctober, iSSt). Vi.AnivnsioK.
No. 67.
Mr. Loihrop to Mr. Bayard.
r>T^ ^- -j Leg.vtion of tiik I'mtku St.vies.
St. Petershurg, 7^^V^/v/<//:v 17, 1.SS7. (Received March 7.)
Sir: . ,^
In compliance with the instructions of your despatch No. 65, ot Uecem-
bcr 4th last, I addressed a note on December 22nd to the Imperial Minister
for Foreign Affairs, asking for the facts and grounds on which the American
schooner "Henrietta" was seized and confiscated off East Cape, in Behr-
ing's Straits, on August 24th last.
1 1
iis>ian
ovtrn-
to the
^M
On January 2isl last I recfivcd a reply, a translation of which I cndose
herewith, stating that the '• Henrietta" was confisi ated by the judgment ot a
commission, sitting on hoard the Im])erial ( orvette •' Kreysser," tor the otfence
of illicit trading ou the Russian coasts.
On January 24th 1 had a i)ersonal interview with Gen. Viangaly, the
Assistant Minister of Foreign Affairs in which I asked Iiiin how tne coin-
mission that sat on board the corvette was constiluled. He informed me
that it was composed of certain ofificers of the ( orsette, a( ting under the
orders of the (lovernment of Ea.stern Siberia, within whose general jurisdic-
tion .such matters were vested.
I also called his attention to the ta( t that his note to me failed to specify
in what the "illicit commerce" consisted, and asked him for further infor-
mation. He replied that he v.as no then able to give me the desired infor-
mation, but said an answer in resijcct to the seizure and condemnation of
the American scliooner ''Eliza" was in prejjaration and would be sent to
me in a few days, and he thought that perhajjs 1 might thereby rece= ,-e the
information sought.
On February 1st I received the promised communicanon, respecting the
" Eliza," a co])y of which will accompany tiie despatch which will iinn.L'-
diately follow the present one.
It will be seen that the seizure and condemnation of the schooners rest
on the pro.visions of an administrative order — '•</'//// disposition administra-
tive''' — prohibiting, after the first of the year 1882, all trading, hunting,
and fishing on the Russian Pacific coasts, without special license from the
Ciovernor (leneral.
It is claimed that very extensive publicity of this regulation was given in
1881-1883 through the newspapers of Yokohama, in the Russian Consulates
of the Pacific, and at the Americ an custom houses. '<"■
Upon the receipt of this last note, I at once, for greater celerity, wrote
to Gen. Viangaly asking him for a copy of the trading regulation nr order.
I also asked if I was right in my understanding that the commission was
composed of the officers of the vessel that made the capture.
I sujiposed this last note would be answered at once, but as it has not
been, 1 have concluded not to wait any longer before reporting the cases to
you.
The feature that strikes me as very peculiar in these cases is the fa( t that
the captors are also the judges of their own ai ts. The commission seems to
sit at once at the jiku e of caj)ture. and the evideiK e 0:1 which it acts would
seem to be that which the captors derive from their own observation on the
s[)Ot. It is perhaps a fimdamental and ecpiitable ma.vim of jurisprudence
that no one can be a judge of his own cause ; and it will probablx be worthy
of consideration how far the decisions of a tribunal so ( onstituted (an be
considered as valid.
I am, \:c.,
GEO. V. N. LOTHROP.
* Kor this notice see For. Kel., 1S82, p. 448 : i'"' ^"Z'". V- »"6-
ii8
[Knclosukk IN Mh. LoTHKOP's No. 95.]
Griwral lla/iga/y to Mr. Lothrop.
[ Tkanslation.]
[No. 79.] Ministry of Fdrekjn Akfairs,
Asiatic Department, January .,%, 1887.
Mr. Envoy:
In consequence of the note addressed by you to me on the loth {22d) of December, I
hastened to ask information of the Maritime Province by telegraph, in regard to the seizure of
the "Henrietta.'
I have now the honor to bring to your knowledge that, according to the information com-
municated to me by C.eneral Knghelm, acting governor of said province, the •'Henrietta" was
in fact seized and confiscated on the 17th (2C)th) of August in virtue of a decision of the Com-
mission sitting on board of the Imi)crial corvette " Kreysser" for the offense of illicit trading
on our coasts.
I'ray accept, i^c,
A. VLANGAIA'.
I
No. 68.
i
Mr. Lothrop to Mr. Bayard.
[No. 96.] Legation oi- the United States,
St. Petersburg, February 17, 1887. (Rcc'd March 7.)
Sir :
I have the honor to transmit to you a copy, \vith translation, of a com-
munication receixed from the Imperial Foreign Office on February ist
instant, relative to the sei/nre of the schocjner "Eliza."
The Russian government claims that she was seized and condemned
under the ])rovisions of an order, or regulation, which took effect at the
heginning of 1882, and which absolutely prohibited every kind of trading,
hunting, and fisliing on the Russian Fac'ific coasts without a special license
from the (lOvernor-General.
It is not claimed that the "Eliza" was engaged in seal fishing, but that
she was foiuid actually engaged in trading with the natives with the contra-
band articles of arms and strong litpiors.
She was condemned by a ( ommission sitting on the Imperial corvette
"Rasboinik," com]josed of the officers thereof. In this resiject the case is
])recisely like that of the " Henrietta," mentioned in my last preceding
despatch, No. 95, and of this date.
It will be noticed that Mr. Spoonei, the owner of the "Eliza," in his
statement of his claim, declares that the " Eliza" was "on a trading voyage,
engaged in bartering with the natives, and catching walrus, and as such did
not come imder the notice of the Russian government, whiih was directed
against the captm-e of seals on Copjjer, Robbins, and Behring Island."
It will be seen that Mr. Spooner either refers to an order of the Russian
government different from the one mentioned by the Imperial Forcii^ni ( )fHie,
or he understood the latter in a very different sense.
I may add that the Russian ("ode of Prize Law ol 1S69, Art. 2\. and
now in foree, limits the jurisdietiunal waters of Russia to three miles t'ri.ni
the shore.
As stated in my previous desjiatch, I have asked for a copy of the order
or regulation under which the '• Henrietta" and " l-'di/.a" were seized and
condemned.
\'ery truly. iS;c.,
C;K0. V. X. LOTHROl'.
i
I
[No. 233.]
[ l'',N(:i.iisn(i- IN Mu. l.niiiuoi''s Ni>. g'<. \
Griwral VliVii:;aly to Mr. l.oilirop.
I I'HANSI.ATION.]
Ministry of Furkicn Affairs,
Asia I'll- Dki'artmknt, /i/w/w/t \'\, 1887.
Mr. Envoy:
The Chief of the ( '.eneral Suit of tlic Navy has just transmitted to ine the information wliich
T had re([uested from that Department in conse(iuence of tlie note that you addrcsse(! to me
Ijearini; date of July j'-, 1886, in reL,'ard to the incident of the sei/urc of the scliooner " llli/a."
This information is in substance to the effect that tlie " f.h/.a ' was coiUiscated n.>t for the
fact of seal huntin.;;, but by virtue of an administrative re-ulalion prolnbitin-. hx-m the heL;inning
of the year i8S2,"every kind of commercial act, of huntini;, and of lishini; on our coasts of the
Pacific, without a special authorization from the ( ;overnor-( ieneral. and carrvni- willi it. against
those disregarding it. the penalty of the seizure of the ship as well as of the carijo.
During the years 1881-1883, the widest means of publicity were employed in bringing this
regulation" to the knowledge of the parties interested ; it was pui)lished in tlie journals of ^"oko
hama, posted up in all our consulates of the Pacilic, and communicated to the American cus-
tom house establishments.
The complainant cannot, therefore, plead ignorance of the prohibitory measures in .luestion.
The crew of the " Kliza" was engaged not only in hunting walrus .m our coasts of Kam
tchaika, an.l in commercial transactions with the natives, but traded there with illicit articles,
such as arms ..nd strong li'iuors.
The infringements of the jirinted regulation are duly established by the open act and the
confession of the Captain, .\ustin Weston, who made no protest against the seizure of the vessel
ordered under that luad by the Commission sitting ad Iuh- on board the Imi-eriai Corvette
" kasboi'nik."
The Captain an<l his second officer, besides acknowledge the oflence charged agamst tiiem
of hunting and of trading, in their depositions annexed to the petition itself of Mr. Spooner,
and communicated to the Imperial Ministry by the Legation o( the Lnited States, under date
of April \%. , ,
In informing you of the foregoing circumstance., whuh demonstrate the entire legitimacy
of the seizure of the "Kliza," I have no doubt. Mr, Knvoy, that you will be led to conclude
that the claim brought by the proprietor of that slii)) is witliout foundation.
And 1 avail myself, <Xe.,
• A. VI.ANCALY.
[N-
(1. lOO
•]
I 20
No. 69.
Mr. Lothrop to Mr. Bayard.
Lkciai'ion of tmk Un'itkd Siatf.s,
Sr. Petkk.shlkg, March 7, 1887. (Received March 22.)
Sir:
Rcferrin,:;- to my recent despatches, Nos. 95 and 96, concerning the sei-
zure and (onfiscation of the schooners "Kliza" and "Henrietta," I am
now al)le to report that the Minister of Foreign Affairs, in answer to my
incpiiries, informs me explicitly that the "illicit commerce" imputed to the
" Henrietta," was (ommerce in violation of the order, or '' t/ispositioii ad-
iiiiuisfrafirt''" set forth in my aforesaid despatches. He further states that
the commission that coiuli.'nnied the scliooners was in each case, made up of
oflicers belonging U) the capturing vessel.
He has also sent to me a translation into English of said '^ (/ispositioii
aJi>iiitistrativi\'^ a copy of whit h I enclose herewith. It will be noticed
that it ajjpears in the form of the notice which was given by the Russian
Consul at Yokohama November 15, 1881.
1 remain, (S:c.,
GEO. V. N. LOTHRUr.
[ ENCi.osruK IN Mi(. LoTnU()i"'s No. loo. ]
Notice of oriicr iv/a/ive to ,o»iiiicrii' on Russian Paiijic Coast.
['ruANSLATlilN. ]
Xoi'K'i:. — At the rei|uest ot' tlie local authorities of liehring and other islands, the under-
signed iiereliy nolilies that the Russian Im])crial (lovernment publishes, for general knowledge,
the following; :
1. W'itliiiut a special ])erniii or license from the Clovernor (-eneral of Eastern Siberia,
foreign vc>sels are not allowed to carry on trading, hunting, lislnng, etc., on tiie Russian
coast or islands in liic < Ikiiotsk and i'lcliring Seas, or on the northeastein coast of Asia, or
witliin their sea lioundarv line.
2. I'or such permits or licenses, ftireii.,n vessels should apply to 'Vladivostok exclusively.
3. In the i)ort of I'etropaulovst, thougn lieing the oidy port of entry in Kamtchatka, such
permits ur licenses shall not he issued.
4. ,\o permits oi- licenses whatever shall lie issued for huiuing, fishing or trading at or on
the < (unmodoro or Kohijcn islands.
5. i'oreign vessels fomul trading, fishing, hunting, etc., in Russian waters without a
license or permit frf)m the ();ivernor < ieiieral, and also tiiose jiossessing a license or peunit
who may infringe the existing by-laws on hunting, shall lie conliscate;l, both vessels and
cargoes, for the benelit of the ( iovernment. This enactment shall be enforced henceforth,
connnencing with .\. I)., 1S82.
I). The enfoi cement of th<; above will be entrusted to Russian men-of-war, and also to
Kussian merchant vessels, which, for that purpose, will carry military detachments and be
pro\idcd with proper instructions.
PKIdKAX,
His linpirial Russian Mn/cs/ys Consu/.
\(il<.Mii \MA, A'o7',-;n/>rr 15, iSSl.
ES,
;h 22.)
g the sei-
ta," 1 am
war to my
itod to the
osition (uf-
states that
nade uij of
' disposition
)L' noticed
le Russian
iROP.
Is, the under-
il knowledge,
stem Siberia,
the Russian
ist of Asia, or
; exclusively,
tchatkp, such
ding at nv on
rs without a
ISO or peiiuit
h vessels and
d henceforth,
, and also to
iients and he
''.9 Consul.
I 21
No. 70.
Mr. Bayard to Mr. Lo//iro/).
[No. 74.] Department of Staie,
Washinc TON', Marcli 16. 18.S7.
Sir:
I have received voiir No. y6. of the 17th l-Vbruars , relatise to the sei-
zure of the American schooner " Eliza," July 21, 1884, which formed the
subject of instruction No. 50, of June 28, 1886.
The histrtiction whicli ! send you to-day, rehitive to the seizure of the
"Henrietta" is a])])licahle to this case also.
You are reciuested to forward a transU\tion of Artit le 21 of the Russian
code of Prize Law of 1869, to which you refer as liniiting the juris(h(ti()nal
waters of Russia to three miles from the shore.
I am, i.S:c.,
T. 1-'. liAVAKl).
No. 71.
Mr. Bayard to Mr. LotJirop.
[No. 75-]
Sir:
Department oi' State,
Washin(;ton, March 16, 1887.
I have received your No. 95 of the 17th ultimo, in answer to instnu tion
No. 65, concerning the groimds for seizure and confiscation on 24th Aii-iist,
1886, of the American schooner "Henrietta" !)>• the Russian authorities.
If, as I am to conclude frcjm your despatch, the seizure of the " Henrietta"
was made in Ru.ssian territcjrial waters, then the Russian authorities had
jurisdiction ; and if the condemnation was on proceedings duly instittited
and administered before a coini)etent coiu't and on adecjuate evidence, this
Department has no right to complain. Hut if either of these conditions does
not exist, the condenuiation ( annot be intertiationaily sustained. The first
of these conditions, viz, that the proceedings should ha\e been duly instituted
and administered, could not i)e held to exist if it should appear that the court
before whom the i)roceedings were had, was composed of parties interested
in the seizure. On general principles of international law, to enforce a con-
demnation by such a coiuT, is a denial and i)erversion of justice tor which
this Government is entitled to claim redress.
The same right to redress, also, would arise, if it slioiild apju/ar that while
the seizure was within the three-iuile zone, the alleged offense was committed
exterior to that zone and on the high seas.
You are, therefore, instructed to eufpiire not merely as to the mode in
which the condemning court was constituted, Init as to the evidence adduced
before such court, in which the e.xact locality of seiztire should be included.
I am, iVc,
r. F. BAYARD.
122
No. 7:
[No. 126.]
Siu
Mr. Lothrop to Mr. Bayard.
I.Kcj.vnoN oi- TiiK United States,
St. Pkteksi'.urc, /////(■ 22, 1.S87. (Received July 9.)
In answer to my note of April iitli last, asking for information as to the
precise i)la<es of seizure of the sdiooners "Eliza" and "Henrietta" sever-
ally, and also for copies of the minutes or records of the courts that con-
demned the said schooners, including the charges, evidence, and other pro-
ceedings, I have now received from the Imperial Covernment copies of the
" Protocols" in each of said ca^es.
It will be seen that the triljunal that confiscated the schooner was made
up of the officers of the capturing vessel and that the evidence on which
they claim to have acted was furnished by their own observation, the papers,
or want of papers, of the schooners, and the admissions of their masters.
I enclose the copies furnished to me, with translations of the same.
1 am, &c.,
GEO. V. N, LOTHROP.
[KNCi.iisruF. I IN Mk. I.iiiiiKur's No. 126.]
Protocol of Proii'i-diHi^^s in the Case of the '■'Ifciirietfa.'"
f Thansi.atkin, ]
Wc, the undersigned, do cuilify, that tlie 17th .\ui;ust, 18S6, in the Behrin^' Sea, latitude
6-0 ^^> X., and longitude 190° 4' 1".„ was met a two-masted schooner, carrying the Ameri-
can Hag.
Ipo" examination of her, as also her documents, it was found that this schooner belonged
to the town of San Francisco, was the property of James Sennett, was called the " Henrietta,"
under the command of I'.eiijamin Defter; was going from the region of the territorial waters
to Cape Chaplin, part of the Russian I'ossessions. On the schooner besides the crew were
six Chuktchees, from Cape t:haplin. According to the journal and as acknowledged by the
commander it is seen that the schooner "llenrieUa" was engaged in trading, without license,
on the Russian coast, vi/., in the l!ay of St. I.avrentia, Providence, and at Capes Chaplin and
Kastern; besides this upon ex.amination of the schooner there was found on board about one
pood (j6 Ills.) of gunpowder, two guns, more than two thousand cartridges of difierent kinds,
lead one pood 10 lbs., small shot and percu.ssion caps. The cargo did not correspond with
the bill of la.ling, the journal was not written up properly, and the last days had not been
entered at all.
Length .>f tlie schooner, 51 feet; breadth of the schooner, 20 feet; water dis])lacement,
44 tons.
123
iy9-)
as to the
i" sever-
that con-
ither pro-
es of the
vas made
on which
le papers,
Lsters.
me.
ROP
Sea, latitude
; the Aiiieri-
ler helonged
' Henrietta,"
torial waters
le crew were
edjjed i)y the
hout license,
Chaplin and
rd about one
fferent kinds,
respond with
had not been
lis])lacement,
The carpo consisted of 4,000 Uis. of whalebone, three barrels of walru> tusks, furs, and
various small articles; takiiij^' into consideration all the furcj^oini; we have ilixided to confis-
cate the schooner to the benefit wf tiie Russian j,'ovornnicnt, August ', ",th, 1886.
Personally signed.
President of the committee :
(.Ai'iAiN (ii riii-. 211 Rank, Pi.aksin.
Members of the committee :
l.li:U-n.NANT pop' UK.
P(jRi;ci!irK Zkin.
UNHKR I.IKUTKNANT pEDorol-K.
I'NDI.K I.lKl-rhNANT K(iR< lliMlIlK.
Confirmed :
Connnandir of tlie cli[iper "Cruiser."
Captain isi' Rank., • >srni,iipoi-i'.
Compared with the ori^'inal. Seninr I'lag ( )fficer:
l.IiarKNAN'T Ri IDIOM U-l'.
Correct :
SkCKITAKV Mlh-IIIPM \N S(1I\ANK.
[ Kntldsvhi- 2 IN Mii. l,nrin<oi''s No. icd. ]
[■I'kansl.vi'iiin.]
I^rotocol of the confiscation, at the mouth of the ri-rcr Auaiiyr, near Cape
Observatory, of tlie American schooner •' E/iza."
The .',,■ June, 1SS4, at the mouth of the iver Anadyr, near < 'a\w ( )bservalory, Lieutenant
Parenofi', of the Imperial clipper " Razboinik," under the command of Lieutenant Hiliebrandt,
inspected the American schooner at anchor "Eliza," Captain .\ustin Weston, upon which was
found in the hold unlawful merchandise, such as rum, lire-.anns, ^:c. .\mont;st the ship's papers
was not found any bill of ladint; or port clearancy. As seen by the ships journal and
acknowledged by the Captain, the above named .schooner carried on trade with strangers :n
different parts of the Russian Northwest Coast, without having any license for this froni the
(lovernor of Eastern Siiieria, and, besides this, trading in jjojiiibiicd goods; tiierefore, l)y order
of the Government, publisiied in the English language three years ago and instruction^ given,
I order:
(i) The above named schooner "Eli/a," with all that lu'longs to her and her cargo, to be
confiscated at once, to the benetit of tlie Russi.m Imperial (iovernniLiu.
(2) The Captain and part <.>f the shijj's crfw <if the schooner tn be taken on board the
clipper, as pas.sengers, with tlieir personal effects belonging to tiieni, until die tlrsl meeting witii
a commercial vessel having lawful rights or until thry arrive at one of the purts having jjosial
communication.
(3) The conli.scatcd schooner to be sent to Madivostok for delivery to the port, and
(4) To hand the Captain, .\ustin Weston, a copy of this jirotocol, in tlie English hi'igu,ige,
and to get a receipt from him for the same.
Commander of the clipper " Ra/.boinik,"
LiKUTiiNANT Captain lIii.ui-.iiKANDr
and LiKiiKNANi Parknoi-k.
Continued:
Rkvisor Voino.
Correct:
SkCRKTAUV .MllJSIllPMAN SCIIVANK.
l^AR'r V.
The foUowincr correspondence shows the position assumed
in 1872 by the Treasury Department in relation to the extent
o
f jurisdiction of the United States in Alaskan waters.
No. 73-
Mr. Phelps to Mr. Bouhvcll.
CusTOMs-HousK, San Francisco,
Collator s Office, March 25, 1872.
Sir:
I cU'fni it proper to call the attention of the Department to certam
rnn.ors, whi.h appear to be well authenti.ated, the substance of whuh ap-
pears in the printed slip taken from the Daily Chronicle of this date, here-
with inclosed. •/-*•„
In addition to the several schemes mentioned in this paper, information
has c.Miie to this office of another, which is being organized at the Hawaiian
Islands for the same puriH.se. It is well known that during the month ot
Mav and the earlv part of June in each year the fur-seal, in their migration
lY,,n the southwai-d to Saint I'aul and Saint Cieorge Islands, uniiormly move
thr<.u.d. Ounimak l^ass in large numbers, and also through the narrow
straits near that pass which separate several small islands from the Aleutian
'"^'"Tlie object of these several expeditions is un.p.estionably to intercept
the fur-seals at these narrow passages during the period above mentioned.
and there, by means of small boats manned by skillful Indians or Aleutian
hunters, make indiscriminate slaughter of those animals in the water, alter
till' manner of hunting sea-otters.
The evil to be apprehended from su<h proceedings is not so much in
res,,ect (,f Hie loss resulting from the destruction of the seals at those places
(although the killing of each female is in effect the destruction oi two seals),
but the\langer lies in diverting these animals from their accustomed course
10 the islands of Saint Paul and Saint George, their only haunts in the
United States.
125
\ssumed
e extent
"S.
;, 1872.
to certain
which a])-
date, herc-
inforniation
ic Hawaiian
\e month of
r migration
Drmly move
the narrow
he Aleutian
It is believed by those who have made the jieculiar nature and habits
of these animals a study, that if they are by any means seriously diverted
from the line upon winch they have been accustomed tu move northward in
Iheir passage to these islands, there is great danger ..f their Making ..Out
haunts, and should this occur the natural selection \snuld be Kouuuuhu-sky
Islands, whic h lie just opposite the i'riboiov group, near the coast of Kam-
schatka, owned by R\issia, and are now the haunt of fm-seals.
That the successful prosecution of the above-mentioned schemes would
have the effect to drive the seals from their accustomed < ourse tlierc c an be
no doubt. Considering, therefore, alone the danger whu h is here threat-
ened to the interest of the Ciovernment in the seal-fisheries, and the large
annual revenue derived from the same, I have the honor to suggest, tor the
consideraticm of the honorable Secretary of the Treasury, the .luesiion
whether the act of fulv .. iSyo. relating to those fisheries, does not author
i/.e his interference bv means of revenue- utters to prevent foreigners a.ul
others from doing such an irreparable inisc hief to this valuable interest.
Should the honorable Se.relary deem it exi.edient to send a cutter into these
waters, 1 would respe. tfuUv suggest that a steam-cutter would be able to
render the most efficient servi. e, and that it sliould l>e m the region ot
Ounimak Pass and Saint I'aul and Saint George Islands bv the 15th of
May next.
I am. verv respectfully,
T. (;. I'HF.Ll'S,
CoUrctor.
Fr
San Francisco ''Dni/v Clinmiclc;' March Ji, /Sj-.
II is vuuea in rdial.lo commercial circles that panics in Australia are prcparn,^- U. ta out
an expedition for the capture of fur-seals in Hchrinj^ Sea. 'rhe present iugh i^occ. et tur-sea
furs in London a.Kl the Kumpean ,narkcts has acted powerftdly in stunulat.ng enterprises o
a like character. Hut a few davs a;,,, we mentioned that a \ictona company was or^ani.c.l
fin- catchin, fur-seals in the North I'acihc. .^no,hcr party, an aj^ent represen.n., so,ne eaMern
capitalists, has been in this city f^.r the past week, n.akin^ inquiries as to the (eaMl.tiuy of ort^an-
i/.in^^ an expedition for like purposes.
to intercept
mentioned,
or Aleutian
water, after
t so much in
those places
)f two seals),
amed course
aunts in the
126
No. 74.
Mr. BontwcU to Mr. Phelps.
Trkasi-ry Department,
Washincton, 1). C. A/^ril 19, 1S72.
Sir:
Vour ktUT ofthc 25th ultiiiK. was duly recfived, calling the attention
of the D.'iuinnicnt to certain niniors circulating in San Francisco, to the
effect that expeditions are to start from Australia and the Hawaiian Islands
to take iur-seals on tlieir annual migration to the islands of Saint Paul and
Saint (leorge through the narrow pass of Unmak. Vou recommend, to cut
off the possibility of evil resulting to the interests of the United States from
these expeditions, that a revenue-cutter be sent to the region of Unmak
Pa-<s bv the 15th of May next.
A very full conversation was iiad witli Captain I'.ryant ui)on this subject
while he was at the l)ei)artment. and he conceived it to be entirely imprac-
ticable to make such an expedition a i)aying one, inasmuih as the seals go
siuL^ly or in pairs, and not in droves, and cover a large region of water in
tht^r' homeward travel to these islands, and he did not seem to fear that the
seals would be driven from their accustomed resorts, even were such
attemi)ts made. .
lu addition. I do not see that the United States would have the jurisdic-
tion or iiosver to drive off parties going up therefor that inirpose, unless
thev made such attempt within a marine league of the shore.
'As at i.resent advised, I do not think it expedient to <arry out your sug-
gestions, but 1 will tiiank yon to (-ommunicate to the Department any
further fads or information you may be able to gather upon the subject.
I am, very respectfully,
C.KO. S. BOUTWELL,
Sccrctarv.
l»AR'r VI,
IS72.
attention
o, to the
m Islands
Taul and
ul, to cut
:atfs from
)f l^nmak
Ills subject
y iniprac-
le seals go
if water in
ir that the
kvere such
e jurisdic-
ose, unless
your sug-
tmenl any
abject.
LL,
crctarv.
It is to 1)0 obst'rvcil thai uikUt Artiqlc \'I of the coinciuioii
of 1825 between (ireat Hrit.iiii and Russia (supra, p. 64),
British suhjc^cts have thi' ri^ht of access to, and free iiaviL;ati()!i
of tile Yui<oii Rixt-r. ( )n lliis (iiieslion the; followino' is (juoted
from Mr. SumiK-r's speech in the Senate;, A[)rii 9, 1867:'''
(hi(slioiis aii'siiii; iiitdci- tJic //■ca/v of fS6y.
'riuTc arc (|iicsti()n->. nol uinvorlliy of allciitidU, \\hi(h ari^c unilcr tiic
treaty between Rus.;i". and (Ireal llrilain, nxin^ the eastern limits (if tlu'sc
))()ssessions, and ( ouceding ( ( rtain privilegt's In tin- latter power. 1!} tliis
treatv, signed at St. Petersburg. 2,Stli I'cbruary, 1S25. at'lcr fixing the
boundaries between the Russian and Ilritish possessions, it is jirovided that
"for the npace of 'rii yrars from the siijnatiire of the present (onven-
tion, the vessels of the two p()wer>. or those belonging to tiieir respec live
subjects, shall mutually be at libert\- to t're(pieiit, withoii! any Iiir.drain e
whatever, all the inland seas, the gulfs. ha\ens and (reeks on the coast,
for the purposes of lishing and of trading with the natives"; and also
that "the port of Sitka, or Novo .\rchangelsk. shall be open t(j the
commerce and \essels of brilish subjects l"or the space of Av/ yrars troni
the date of the exchange of the ratit'n atioiis of the |)resent conveiuion." In
the same treaty it is also ])ro\ ided that " the subjects of His l')ritanni( Majesty.
frt)m whatever ([uarter they may arris e, whether from the ocean or from the
interior of the continent, shall forever enjoy t!ie right of navigating freely
and without anv hindrance wliateser all the ri\ers and stre.-un^ which ii. their
course towards the Pacific < )cean ma\- ( ross the line of demarcation." .Vtter-
wards a treaty of commerce and luu igation between Russia and Great I'.ritain
was signed at St. Tetersburg. nth January. 1S4;,. subje( l to be terminated
on notice from either jiarty at the expiration of ten years, in which it is jiro-
vided, that, ''in regard to commerce and navigation in the Rus-,ia 1 i)osses-
sions on the northwest coast of America, the convention > onduded at St.
Petersburg on the .','^th February. 1825, continues in force." 'I'hen ens-ied
the Crimean War between Russia and Great ISritain. effat ing or suspending
treaties. Afterwards another treaty of (ommerce aiul navigation was signed
at St. Petersburg, 12th January. i.S5(;, subject to be terminated on notice
from either party at the expiration of ten years, which repeals the last jiro-
vision.
Thus we have three different stipulations on the jtart of Russia, one open-
ing sea.s, gulfs, and havens on the Russian coast to British subjects for fishing
♦ Works, vol. .xi, p.ige 212 et seq.
128
T
and trading with tlic natives; llie second making Sitka a free ])ort to British
suhjeits: and the third making British rivers which flow through the Russian
jjossessions forever free to ISritish navigation. Do the United States succeed
to thise stipulations?
Amonu; those I make a distinction in favor of the last, which by its Ian-
guage is declared to be "for-ever," and may have been in the nature of an
e(|uivalent at the settlement of boimdaries between the two powers. But
whatever its terms or its origin, it is obvious that it is nothing but a declara-
tion of public law, as always expounded by the United States, and now
recognized on the continent of Europe. While i)leading with Great Britain
in 1X26 for the free navigation of the St. Lawrence, Mr. Clay, then Secre-
tarv 'if State, said that ''the American government did not mean to contend
for an\ princi]jle the benefit of which in aiialogous circumstances it would
deiiv to (ireat Britain." During the same year, Mr. Gallatin, our minister
in London, when negotiating with Great Britain for the adjustment of
boundaries on the Pacillc, proposed that, "if the line should cross any of
the branches of the Cohmibia at ])oints from which they are navigable by
boats to the main stream, the navigation of such branches and of the main
stream should lie p'jr]K'tually free and common to the peoi)le of both
nation-;." .\t an earlier day the United States made the .same claim with
regard to the Mississippi, and asserted, as a general princij^le, that, "if the
right of the u[)per inhabitants to descend the stream was in any case
obstructed, it was an act of force by a stronger society against a weaker,
condemned by the judgment of mankind." By these admis.sions our coun-
try is esto])ped, even if the public law of the European continent, first
declared at ^'ien^a nith regard to the Rhine, did not offer an example which
we cannot afford to reject. I rejoice to believe that on this o;casion we
apply to Great Hritain the generous rule which from the beginning we have
claimed for oursehes.
The two other stipulations are different in charac ter. They are not de-
clared to be -'forever," and do not stand on any principle of public law
Even if subsisting now, tliey cannot be onerous. I doubt mtich if they are
sulisisting now. In succeeding to the Russian possessions, it d(H>s not follow
that the United States succeed to ancient oi)'igations assumed by Russia, as
it', according to a plirase of the Common Law. the;, were "co\enants running
with t!ie land." If these "siipulations are, ni- -the nature oi sr/?wYi/i/fs, they
depend for their duration f)n tlie sovereignty of Russia, and are personal or
//(Mv/'/i/'/ ratiier than fn-ri/cn'ti/. So, at least, I am inclined to believe. But
it is hardly prulltable to speculate on a point of so little -practical value.
Even if "running with the land," these servitudes tan be terminated at the
expiration of ten years from the last treaty by notice, which ecpiitably the
United States may give, so as to tfike effect on the 12th of January, 1S69.
Meanwhile, during this brief period, it will be easy by Act of Congress in
advance to limit importations at Sitka, so that this "free port" shall not be
made the channel or doorway by which British goods are introduced into the
Ur.ited States free of dutv.
; ])ort to British
igli the Russian
d States succeed
W
'hich by its lan-
:he nature of an
powers. But
g but a declara-
5tates, and now
th Great Britain
lay, then Secre-
nean to contend
stances it would
:in, our minister
.' adjustment of
lid cross any of
:re navigable by
and of the main
people of both
same claim with
le, that, "if the
•as in any case
Lgainst a weaker,
issions our coun-
continent, first
n exaniple which
his o;casion we
:ginning we have
They are not de-
le of public law
much if they are
t does not follow
led by Russia, as
)venants running
t" srn'ifiKffs, they
1 are personal or
to believe. But
e practical value,
terminated at the
ich e<piitably the
)f January, 1S69.
t of Congress in
ort" shall not be
troduced into the