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by the Company's Officers, but brought to the Port of St. Peter and Paul, by a Man-of-war; after deducting one-fifth for the Government, two-fifths are to belong to the Crew of the Man-of-war, and the remaining two-fifths to the Russian American Company; and, finally, if such Foreign Vessel be detained by Men-of-war only, without the assistance of the Company's Officers, then, after deducting one-fifth for the Government, the remainder is left to the Officers of the Men-of-war.

But if a Vessel be taken by the conjoint forces of a Man-of-war and a Company's Vessel, then the Prize shall be divided between them, in proportion to their strength, regulating the same according to the number of guns.

LXI. The sum coming to the Officers of the Man-of-war shall be divided according to the Rules for dividing Prizes in time of War. In all cases, Officers who had a share in seizing Foreign Vessels, convicted of the intention of infringing the privileges most graciously granted to the Russian American Company, may expect to receive tokens of His Imperial Majesty's approbation ; especially when, after deducting the expenses for conveying the Crew, their part in the prize-money should prove but trifling.

LXII. If a Foreign Vessel, detained by a Russian, being under the command of a Russian Officer, should be cast away before reaching the Port of St. Peter and Paul, the following principles shall be observed :

If the Foreign Vessel alone be lost, and the Russian accompanying her arrive at the Port of St. Peter and Paul, then the Court acts according to the foregoing Rules, to determine whether that Vessel was lawfully seized. In this case Government takes upon itself the expenses of conveying to a Port of the Baltic such of the Ship's Crew as were saved. But, if such Vessel should not be proved to have been detained lawfully, then, independent of those expenses, the Ship shall be valued, and such valuation forwarded to Government for the payment of what may be deemed just; at the same time investigations shall be made on the loss of the Vessel ; and the Officer that had the Command, (if saved) is to be tried according to the Maritime Rules and Regulations.

LXIII. The Commander of Kamtschatka is bound to make a special Report to the Governor-General of Siberia, respecting every circumstance happening to Foreign Vessels, annexing Copies of all Documents, Journals, and Sentences of the Court, and of all Papers relative thereunto.

COUNT D. GURIEF, Minister of Finances.

(10.)-The Secretary of State to Mr. Poletica. SIR,

Department of State, Washington, 25th February, 1822. I have had the honour of receiving your Note of the 11th instant, inclosing a printed Copy of the Regulations adopted by the Russian

American Company, and sanctioned by His Imperial Majesty, relating to the commerce of Foreigners in the Waters bordering on the Establishments of that Company upon the North-west Coast of America.

I am directed by the President of The United States to inform you, that he has seen with surprise in this Edict the assertion of a Territorial Claim on the part of Russia, extending to the 51st degree of North Latitude on this Continent; and a Regulation interdicting to all Commercial Vessels, other than Russian, upon the penalty of seizure and confiscation, the approach, upon the High Seas, within 100 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 Government to preserve them in that state. It was expected, before any Act which should define the Boundary between the Terri. tories of The United States and Russia, on this Continent, that the same would have been arranged, by Treaty, between the Parties. To exclude the Vessels of our Citizens from the shore, beyond the ordinary distance to which the Territorial Jurisdiction extends, has excited still greater surprize.

This Ordinance affects so deeply the Rights of The United States and of their Citizens, that I am instructed to inquire, whether you are authorized to give explanations of the grounds of Right, upon principles generally recognized by the Laws and Usages of Nations, which can warrant the Claims and Regulations contained in it. I avail myself of this occasion, &c.


Envoy Extraordinary and Minister Plenipotentiary from Russia.

(11.)- The Chevalier de Poletica to the Secretary of State.-(Translation.) SIR,

Washington, (16th) 28th February, 1822. I RECEIVED, two days since, the Letter which you did me the honour to address to me on the same day, by order of the President of The United States, in answer to my Note of the 19th current, by which I discharged the Orders of my Government, in communicating to you the new Regulation adopted by the Russian American Company, and sanctioned by His Majesty the Emperor, my August Sovereign, on the 4th (16th) of September, 1821, relative to Foreign Commerce, in the Waters which border upon the Establishments of the said Company, on the North-west Coast of America.

Readily yielding, Sir, to the desire expressed by you in your Letter, of knowing the rights and principles upon which are founded the determinate Limits of the Russian Possessions on the North-west Coast of America, from Behring's Strait to the 51° of North Latitude, I am happy to fulfil this task, by only calling your attention to the following historical facts, the authenticity of which cannot be contested.

The first Discoveries of the Russians on the North-west Continent of America, go back to the time of the Emperor Peter I. They belong to the attempt, made towards the end of the reign of that great Monarch, to find a Passage from the Icy Sea into the Pacifick Ocean.

In 1728, the celebrated Captain Behring made his first voyage. The recital of his discoveries attracted the attention of the Government, and the Empress Anne entrusted to Captain Behring (1741) a new Expedition in these same Latitudes. She sent with him the Academicians Gmelin, Delile de la Crayere, Muller, Steller, Fisher, Krasilnicoff, Kreecheninicoff, and others; and the first Chart of these Countries which is known, was the result of their labours, published in 1758. Besides the Strait, which bears the name of the Chief of this Expedition, he discovered a great part of the Islands which are found between the two Continents: Cape or Mount St. Elias, which still bears this name upon all the Charts, was so called by Captain Behring, who discovered it on the day of the Feast of this Saint; and his second, Captain Tchiricoff, pushed his discoveries as far as the 49th degree of North Latitude.

The first private Expeditions undertaken upon the North-west Coast of America, go back as far as the Year 1743.

In 1763, the Russian Establishments had already extended as far as the Island of Kodiak (or Kichtak). In 1778, Cook found them at Ounalashka, and sone Russian inscriptions at Kudiak. Vancouver saw the Russian Establishment in the Bay of Kinai. In fine, Captains Mirs, Portlock, La Perouse, unanimously attest the existence of Russian Establishments in these Latitudes.

If the Imperial Government had, at the time, published the Discoveries made by the Russian Navigators after Behring and Tchiricoff, (viz. Chlodiloff, Screbreanicoff

, Krassilnicoff

, Paycoff, Poushcareff, Lazareff, Medwedeff, Solowieff, Lewasheff, Krenitsin, and others,) no one could refuse to Russia the right of first discovery, nor could even any one deny her that of first occupation.

Moreover, when Don José Martinez was sent, in 1789, by the Court of Madrid, to form an Establishment in Vancouver's Island, and to remove Foreigners from thence, under the pretext that all that Coast belonged to Spain, he gave not the least disturbance to the Russian Colonies and Navigators; yet the Spanish Government was not ignorant of their existence, for this very Martinez had visited them the Year before. The Report which Captain Malespina made of the re. sults of his voyage, proves, that the Spaniards very well knew of the Russian Colonies; and in this very Report it is seen, that the Court of Madrid acknowledged that its Possessions upon the Coast of the Pacifick Ocean ought not to extend to the North of Cape Blanc,

taken from the Point of Trinity, situated under 42° 501 of North Latitude.

When, in 1799, the Emperor Paul I. granted to the present American Company its first Charter, He gave it the exclusive possession of the North-west Coast of America, which belonged to Russia, from the 55th degree of North Latitude to Behring's Strait. He permitted them to extend their discoveries to the South, and there to form Establishments, provided they did not encroach upon the Territory occupied by other Powers.

This Act, when made public, excited no claim on the part of other Cabinets, not even on that of Madrid, which confirms that it did not extend its pretensions to the 60th degree.

When the Government of The United States treated with Spain for the cession of a part of the North-west Coast, it was able to acquire by the Treaty of Washington, the right to all that belonged to the Spaniards, North of the 42d degree of Latitude; but this Treaty says nothing positive concerning the Northern Boundary of this Ces- sion; because, in fact, Spain well knew that she could not say, that the Coast as far as the 60th degree belonged to her.

From this faithful exposition of known facts, it is easy, Sir, as appears to me, to draw the conclusion, that the rights of Russia to the extent of the North-west Coast, specified in the Regulation of the Russian American Company, rest upon the three bases required by the general Law of Nations and immemorial usage among Nations ; that is, upon the title of first discovery; upon the title of first occua pation; and, in the last place, upon that which results from a peaceable and uncontested possession of more than half a century; an epoch, consequently, several years anterior to that when The United States took their place among Independent Nations.

It is moreover evident, that, if the right of the possession of a certain extent of the North-West Coast of America, claimed by The United States, only devolves upon them in virtue of the Treaty of Washington, of the 22d of February, 1819, and I believe it would be difficult to make good any other title, this Treaty could not confer the American Government any right of claim against the Limits assigned to the Russian Possessions upon the same Coast, because Spain herself had never pretended to a similar right.

The Imperial Government, in assigning for Limits to the Russian Possessions on the North-west Coast of America, on the one side Behring's Strait, and, on the other, the 51st degree of North Latitude, has only made a moderate use of an incontestible right; since the Russian Navigators, who were the first to explore that part of the American Continent, in 1741, pushed their discovery as far as the 49th degree of North Latitude. The 5lst degree, therefore, is no more than


a mean Point between the Russian Establishment of New Archangel, situated under the 57th degree, and the American Colony at the mouth of the Columbia, which is found under the 46th degree of the same Latitude.

All these considerations united have concurred in inspiring the Imperial Government with an entire conviction that, in the last Arrangements adopted in Russia, relative to her Possessions on the North-west Coast, the legitimate right of no Foreign Power has been infringed. In this conviction, the Emperor, my August Sovereign, has judged that his good right, and the obligation imposed by Providence upon him to protect, with all his power, the interests of his Subjects, suffieiently justified the Measures last taken by His Imperial Majesty, in favour of the Russian American Company, without its being necessary to clothe them with the sanction of Treaties.

I shall be more succinct, Sir, in the exposition of the motives which determined the Imperial Government to prohibit Foreign Vessels from approaching the North-West Coasts of America belonging to Russia, within the distance of at least 100 Italian miles. This measure, however severe it may at first view appear, is, after all, but a measure of prevention. It is exclusively directed against the culpable enterprizes of Foreign Adventurers, who, not content with exercising upon the Coasts above-mentioned an illicit trade, very prejudicial to the rights reserved entirely to the Russian American Company, take apon

them besides to furnish arms and ammunition to the Natives in the Russian Possessions in America, exciting them likewise in every manner to resistance and revolt against the Authorities there established.

The American Government doubtless recollects, that the irregular conduct of these Adventurers, the majority of whom was composed of American Citizens, has been the object of the most pressing remonstrances on the part of Russia to the Federal Government, from the time that Diplomatic Missions were organized between the two Countries. These remonstrances, repeated at different times, remain constantly without effect, and the inconveniences to which they ought to bring a remedy, continue to increase.

The Imperial Government, respecting the intentions of the American Government, has always abstained from attributing the ill success of its remonstrances to any other motives than those which flow, if I may be allowed the expression, from the very nature of the Institutions which govern the National Affairs of the American Federation. But the high opinion which the Emperor has always entertained of the rectitude of the American Government, cannot exempt him from the care which his sense of justice towards his own Subjects imposes upon him. Pacific means not having brought any alleviation to the just

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