High Contracting Powers, from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian Establishment, without the permission of the Governor or Commander; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any Establishment of the United States upon the north-west coast.

ARTICLE III.

It is, moreover, agreed that hereafter there shall not be formed by the citizens of the United States, or under the authority of the said States, any Establishment upon the north-west coast of America, nor in any of the islands adjacent, to the north of 54° 40′ of north latitude; and that, in the same manner there shall be none formed by Russian subjects, or under the authority of Russia, south of the same parallel.

ARTICLE IV.

It is, nevertheless, understood that, during a term of ten years, counting from the signature of the present Convention, the ships of both Powers, or which belong to their citizens or subjects respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, barbours, and creeks upon the coast mentioned in the preceding Article, for the purpose of fishing and trading with the natives of the country.

All spirituous liquors, firearms, other arms, powder, and munitions of war of every kind are always excepted from this same commerce permitted by the preceding Article; and the two Powers engage reciprocally neither to sell; or suffer them to be sold to the natives, by their respective citizens and subjects, nor by any person who may be under their authority. It is likewise stipulated that this restriction shall never afford a pretext, nor be advanced, in any case, to authorize cither search or detention of the vessels, seizure of the merchandize, or, in fine, any measures of constraint whatever towards the merchants or the crews who may carry on this commerce; the High Contracting Powers reciprocally reserving to themselves to determine upon the penalties to be incurred, and to inflict the punishments in case of the contravention of this Article, by their respective citizens or subjects.

ARTICLE VI.

When this Convention shall have been duly ratified by the President of the United States, with the advice and consent of the Senate on the one part, and on the other, by His Majesty the Emperor of all the Russias, the ratifications shall be exchanged at Washington in the space of ten months from the date below, or sooner if possible.

In faith whereof the respective Plenipotentiaries have signed this
Convention, and thereto affixed the seals of their arms.
Done at St. Petersburgh the 5th (17th) April in the year of Grace
1824.

For French text

CONVENTION BETWEEN GREAT BRITAIN AND RUSSIA. TREATY (GREAT BRITAIN AND RUSSIA), FEBRUARY 25, 1825 The negotiations between Great Britain and Russia sce. Appendix, resulted in the Convention of the 28th of February, 1825. The following is the English translation of this convention:

vol. ii, Part III, No. 2.

NAVIGATION OF PACIFIC TO BE FREE.

ARTICLE I.

See Blue Book, It is agreed that the respective subjects of the High Contracting "United States Parties shall not be troubled or molested in any part of the ocean, No. 1 (1891)," P. commonly called the Pacific Ocean, either in navigating the same, in Appendix, vol. fishing therein, or in landing at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following Articles.

58.

iii.

ARTICLE II.

In order to prevent the right of navigating and fishing exercised pon the ocean by the subjects of the High Contracting Parties, from ecoming the pretext for an illicit commerce, it is agreed that the subects of His Britannic Majesty shall not land at any place where there ay be a Russian establishment without the permission of the Govrnor or Commandant; and, on the other hand, that Russian subjects hall not land without permission at any British establishment on the orth-west coast.

ARTICLE III.

The line of demarcation between the possessions of the High Conracting Parties upon the coast of the continent and the islands of America to the north-west, shall be drawn in the manner following: Commencing from the southernmost part of the island called Prince f Wales Island, which point lies in the parallel of 54° 40′ north latiude, and between the 131st and the 133rd degree of west longitude meridian of Greenwich), the said line shall ascend to the north along he channel called Portland Channel, as far as the point of the contient where it strikes the 56th degree of north latitude; from this lastmentioned point, the line of demarcation shall follow the summit of he mountains sitrated parallel to the coast, as far as the point of ntersection of the 141st degree of west longitude (of the same meridian); and, finally, from the said point of intersection, the said meridian-line of the 141st degree, in its prolongation as far as the Frozen Ocean, shall form the limit between the Russian and British possessions on the continent of America to the north-west.

ARTICLE IV.

With reference to the line of demarcation laid down in the precedng Article, it is understood;

1st. That the island called Prince of Wales Island shall belong wholly to Russia.

2nd. That wherever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude, shall prove to be at a distance of more than 10 marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia, as above mentioned, shall be formed by a line parallel to the windings of the coast, and which shall never exceed the distance of 10 marine leagues therefrom

ARTICLE V.

It is moreover agreed that no establishment shall be formed by either of the two parties within the limits assigned by the two preceding Articles to the possessions of the other; consequently British sub55 jects shall not form any establishment either upon the coast or upon the border of the continent comprised within the limits of the Russian possessions, as designated in the two preceding Articles; and, in like manner, no establishment shall be formed by Russian subjects beyond the said limits.

ARTICLE VI.

It is understood that the subjects of His Britannic Majesty, from whatever quarter they may arrive, whether from the ocean or from the interior of the continent, shall for ever enjoy the right of navigating freely, and without any hindrance whatever, all the rivers and streams which, in their course towards the Pacific Ocean, may cross the line of demarcation upon the line of coast described in Article III of the present Convention.

ARTICLE VII.

It is also understood that, for the space of ten years from the signature of the present Convention, the vessels of the two Powers, or those belonging to their respective subjects, shall mutually be at lib

erty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and creeks on the coast mentioned in Article III, for the purposes of fishing and of trading with the natives.

ARTICLE VIII.

The port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of ten years from the date of the exchange of the ratifications of the present Convention. In the event of an extension of this term of ten years being granted to any other Power, the like extension shall be granted also to Great Britain.

ARTICLE IX.

The above-mentioned liberty of commerce shall not apply to the trade in spirituons liquors, in fire arms, or other arms, gunpowder, or other warlike stores; the High Contracting Parties reciprocally engaging not to permit the above-mentioned articles to be sold or delivered, in any manner whatever, to the natives of the country.

ARTICLE X.

Every British or Russian vessel navigating the Pacific Ocean which may be compelled by storms or by accident to take shelter in the ports of the respective Parties, shall be at liberty to refit therein, to provide itself with all necessary stores, and to put to sea again, without paying any other than port and lighthouse dues, which shall be the same as those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his merchandise in order to defray his expenses, he shall conform himself to the Regulations and Tariffs of the place where he may have landed.

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ARTICLE XI

In every case of complaint on account of an infraction of the Articles of the present Convention, the civil and military authorities of the High Contracting Parties, without previously acting or taking any forcible measure, shall make an exact and circumstantial report of the matter to their respective Courts, who engage to settle the same in a friendly manner and according to the principles of justice.

ARTICLE XII.

The present Convention shall be ratified, and the ratifications shall be exchanged at London within the space of six weeks, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.

Done at St. Petersburgh the 16th (28th) day of February, in the year of our Lord One thousand eight hundred and twenty-five.

No. 56.

Mr. Stratford Canning to Mr. G. Canning, in his despatch of the 1st March, 1825, inclosing the Convention as signed, says:

See Appendix, With respect to Behring Straits, I am happy to have it in my power vol. ii, Part I, to assure you, on the joint authority of the Russian Plenipotentiaries, that the Emperor of Russia has no intention whatever of maintaining any exclusive claim to the navigation of those straits, or of the seas to the north of them.

Ibid., No. 57.

Mr. S. Canning, in a further despatch to Mr. G. Canning, 3rd (15th) April, 1825, said:

With respect to the right of fishing, no explanation whatever took place between the Plenipotentiaries and myself in the course of our negotiations. As no objection was started by them to the

Article which I offered in obedience to your instructions, I thought it unadvisable to raise a discussion on the question; and the distance from the coast at which the right of fishing is to be exercised in common passed without specification, and consequently rests on the law of nations as generally received.

Conceiving, however, at a later period that you might possibly wish to declare the law of nations thereon, jointly with the Court of Russia, in some ostensible shape, I broached the matter anew to Count Nesselrode, and suggested that he should authorize Count Lieven, on your invitation, to exchange notes with you declaratory of the law as fixing the distance at 1 marine league from the shore. 57

Count Nesselrode replied that he should feel embarrassed in submitting this suggestion to the Emperor just at tho moment when the ratifications of the Convention were on the point of being dispatched to London; and he seemed exceedingly desirous that nothing should happen to retard the accomplishment of that essential formality. He assured me at the same time that his Government would be content, in executing the Convention, to abide by the recognized law of nations; and that, if any question should hereafter be raised upon the subject, he should not refuse to join in making the suggested declaration, on being satisfied that the general rule under the law of nations was such as we supposed.

Having no authority to press the point in question, I took the assurance thus given by Count Nesselrode as sufficient, in all probability, to answer every national purpose.

The claim of Russia attracted much attention at the time.

UNITED STATES INTERPRETATION OF RUSSO-AMERICAN TREATY.

President Monroe wrote to Mr. Madison on the 2nd August, 1824, with reference to the Convention of that year, to the effect that

By this Convention the claim to the mare clausum is given up, a Wharton, Divery high northern latitude is established for our boundary with Rus- gest of International Law, secsia, and our trade with the Indians placed for ten years on a perfectly tion 159, vol. ii, free footing, and after that term left open for negotiation. Eng- p. 226. land will, of course, have a similar stipulation in favour of the free navigation of the Pacific, but we shall have the credit of having taken the lead in the affair.

In answer to the above, Mr. Madison wrote to President Monroe on the 5th August, 1824:

66

The Convention with Russia is a propitious event, as substituting Letters and amicable adjustment for the risk of hostile collision. But I give the Writings of James Madison, Emperor, however, little credit for his assent to the principle of mare Philadelphia, Liberater" [sic] in the North Pacific. His pretensions were so absurd, 1865, p. 446. and so disgusting to the maritime world, that he could not do better than retreat from them through the forms of negotiation. It is well that the cautious, if not courteous, policy of England towards Russia has had the effect of making us, in the public eye, the leading Power in arresting her expansive ambition.

THE UKASE NEVER ENFORCED.

Ap

In the year 1822 the Russian authorities attempted to See letter of S. Canning to G. enforce the provisions of the Ukase of 1821 and seized the Canning, April United States brig "Pearl," when on a voyage from Boston 23, 1823. to Sitka.. The circumstances of this case are stated in the Part I, 'No. 24. next Chapter. See post, p. 78.

58

It is sufficient for the present purpose to note that the United States at once protested, the "Pearl" was released, and compensation paid for her arrest and detention.

This is believed to be the only case in which any attempt was, in practice, made by Russia to interfere with any ship

pendix, vol. ii,

of another nation in the waters in question outside of territorial limits.

The facts disclosed in this Chapter show—

That the Ukase of the Emperor Paul in the year 1821— the first and only attempt on the part of Russia to assert dominion over, and restrict the rights of other nations in, the non-territorial waters of the North Pacific, including those of Behring Sea-was made the subject of immediate and emphatic protest by Great Britain and the United States of America,

That Russia thereupon unequivocally withdrew her claims to such exclusive dominion and right of control.

That the Conventions of 1824 and 1825 declared and recognized the rights of the subjects of Great Britain and the United States to navigate and fish in all parts of the non-territorial waters over which the Ukase purported to extend.

HEAD C.-The question whether the body of water now known as the Behring Sea is included in the phrase "Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia.

It will be remembered that the Ukase of 1821 included the Pacific from the Behring Strait southward to the 51st parallel, and that this claim was protested against in toto, on the ground that the coast was almost entirely unoccupied, and that maritime jurisdiction, even where the coast was occupied, could not extend beyond 3 miles.

In the first Articles of the Conventions of 1824 and 1825 the claim to an extraordinary jurisdiction at sea was definitely abandoned, and the abandonment was a complete withdrawal of the claim made. It was principally against this very claim that the protest of Great Britan and the United States were directed, and its relinquishment was therefore, and purposely, placed at the head of each of the resulting Conventions.

Article I of the Convention between Russia and the United States is as follows:

It is agreed that in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or subjects of the High Contracting Powers shall be neither disturbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following Articles.

Article I of the Convention between Great Britain and Russia is as follows:

It is agreed that the respective subjects of the High Contracting Parties shall not be troubled or molested in any part of the ocean, commonly called the Pacific Ocean, either in navigating the same, in fishing therein, or in landing at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following Articles.