IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 128 IM 22 1.8 1.25 1.4 1.6 ^ ^ 6" — ► V, y\^ #^ <^ ^^*^>^ ro? C!HM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical anu Bibliographic Notes/Notes techniques et bibliographiques The institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t^ possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m^tHode normale de filmage sont indiquds ci-dessous. D D Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommagee Covers restored and/or laminated/ I I Couverture restaurde et/ou pellicul6e D □ D Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes g6ographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli^ avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serree peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutdes lors dune restauration apparaissent dans le texte, mais, lorsque cela dtait possible, ces pages n'ont pas 6t6 filmdes. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommag6es n n □ Pages restored and/or laminated/ Pages restaurdes et/ou pelliculdes Pages discoloured, stained or foxed/ Pages d^colordes, tachet^es ou piqu6es Pages detached/ Pages d^tach^es Showthrough/ Transparence □ Quality of print varies/ Quality indgale de I'impression I I Includes supplementary material/ Comprend du materiel supplementaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 film6es d nouveau de fapon it obtenir la meilleure image possible. D Additional comments:/ Commentaires suppl6mentaires: This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqud ci-dessous. 10X 14X 18X 22X y 26X 30X 12X 16X 20X 24X 28X 32X The copy filmed hare has been reproduced thanks to the generosity of: Douglas Library Queen's University L'exemplaire f iimA fut reproduit grAce h ia gAnirositA da: Douglas Library Queen's University The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Las Images suivantes ont 6tA reproduites avec le plus grand soin, compte tenu de ia condition at de la nettet* de l'exemplaire film*, at en conformity avec ies conditions du contrat de fllmage. Original copies In printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or Illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires orlglnaux dont la «;ouverture en papier est ImprimAe sont film6s en commenpant par le premier plat at en terminant soit par la dernlAre page qui comporte une empreinte d'Impresslon ou d'illustration, solt par le second plat, salon le cas. Tous les autres exemplaires orlglnaux sont fllmte en commen^ant par la premi6re page qui comporte une empreinte d'Impresslon ou d'illustration at en terminant par ia darniire page qui conrtporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol ^»> (meaning "CON- TINUED "), or the symbol V (meaning "END "), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those toe large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Un des symboles suivants apparaitra sur la dernlAre image de cheque microfiche, selon le cas: le symbols — »> signifie "A SUIVRE ". le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmfo A des taux de rMuction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est f ilmA A partir de I'angle supArieur gauche, de gauche h droits, et de haut en bas, en prenant le nombre d'Images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 32X 1 2 3 4 5 6 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 4 5 I). 7- S. <)■ lo. 1 1. 1-. I.?- 14. «5. 16. '7- us. U). 20. 21. 2^ 2j- 24. 25- 26. 27- 28. 29. .?o. 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 M' M »1 •t-' I ;• ■M |v t"- .,s. v> >"■ 5'- Ml \li.lill.ini. I.. Mr. J. 1.' .\.lani>. Nc .<5 ^pri' «•>. '^24 Cnnviiiliiiii l>ri«i'cn (Ircat liritiiiii .iml I May .?l, l.S,?S Mr, Dukiiis iMli I-, lliin.ii Kiiidi-iicr julv 21, iSjS |;.in'ii Kiu.kiur i<> Mr |-nr«ytli jiilv J<>. lS,. 1>!,)S Mr \^ill^ill^lll Mr. IV)r>(«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 ^. iS^'S . 'S.^S >. ''SS ». '•"'SS >. '^.iS o. iS,;5 '• '•"'.is ■I. i^.l7 10, iS;7 S. iS.i7 ;.■ '•'<.<7 HI, |S;,S II), iS^S 1S3S .Sn. I 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- 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 »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 real 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 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 alated 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 \ .\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 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" «y law against the killing of fur hearing animaN must, therefore, nltacii against any violation of law wiUiin the limil-. heretofore descrihehores ..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 tou 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. 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>lingle 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 aiiistriei, 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»si-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 dcscribener 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'/ .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 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 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!illcaid 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 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'»'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'"'. 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 anrrsent 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. 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/Kaid 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 " ('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 .'/_,'/.) .\11 of which papers were found on board of the "Carolena" at the time (jf seizure and taken pos>e.-sion of by me. -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 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, ///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 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 recort. 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 ' 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(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 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 mii 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 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; .neace. 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' (///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. understoS;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 a^reils upon points whidi may not already lie oeiiipied fur the purpose of trailing with the native--, ^a\ iiij; alway'' the restrictions and condition-. 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 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 iiniipulation 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 cE 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. .\lc 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 \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, prearalid 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)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 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-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 peiigned 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 Amerif 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, isicjn 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, 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) -^- 1.0 I.I 1.25 1^ 28 lljl^ 2.0 m 1.8 1.4 III 1.6 v: ^ /} o ei e. c). ^ ■ ./' -^' ^i o % / ///. Photogrdphin Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY I4S80 (716) 872-4503 ,\ iV 4^ <> '^ V O^ '^* "■L V <> 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" ei(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 aom 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»ectetabiishnienl," 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 extate 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 Ameriuc( 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'/// 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 \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>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 sulir 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\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/ "'' .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 dic 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 liieven [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\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 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 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;, . C, J,!in/ii/r JO, /SSj. 'i'n CoI.l.l-CTdRS nv (.'ISTOMS AMI OTIIKKS : The 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 engagce 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 sinart 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 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 '•/■.'//:> 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 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 ann 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'anj 'joncr 111 ^1"""^' •"■ ■^, , •: ,, ■■ . , too •■•• ) ihc ack,vnvle::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'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/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 — '•. 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 aniiitistrativi\'^ 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 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,nrinf the shijj's crfw 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-. 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