Missions were established at Kodiak, Ounalaska, and Spruce Island. The next year Baranoff extended his operations and trading posts to Yakutat Bay. Following this was the consolidation of all Russian interests in North America, giving rise to the Russian-American Company, which was chartered the year that Baranoff founded Sitka, 1799. The possessions and supremacy Russia gained under this Corporation have been so universally acknowledged and widely understood as to scarcely need comment. Under this Company, chartered by the Crown, patronized by nobility, sustained by the sinews of consolidated capital, and led by the tireless energy of Baranoff, new explorations and Settlements inevitably followed.

"As early as 1806, aside from trading posts and Settlements along the Aleutian Islands, we find the Russian-American Company had established fourteen fortified stations from Kodiak to the Alexander Archipelago, now known as South-eastern Alaska-one at Three Saints Harbour, one at St. Paul Island, one on the Island of Kodiak, one off Afognak Island, one at the entrance of Cook's Inlet, three on the coast of the inlet, two on Prince William Sound, one at Cape St. Elias, two on Yakutat Bay, and one at New Archangel, on the Bay of Sitka.

"After the death of Baranoff, in 1819, his successor in charge of the affairs of the Company, Lieutenant Yanovsky, made extensive explorations of the coast and mainland above the Alaska Peninsula. One expedition explored and made a preliminary survey of the coast from Bristol Bay as far as the mouth of the Kuskovim River, discovering and locating that stream and also the Island of Nunivak, on parallel 60th degree, in Behring's Sea. Another passed beyond the mouth of the Yukon to Norton's Sound, and another entered the Nushegak River just above Bristol Bay, pushed into the interior, and crossed the mountains and tundras into the valley of the Kuskovim. Following these, in 1824 and 1826, were the explorations and surveys of Ethloin and Luedke, further north on the coast of the mainland.

"In 1824 that eminent divine of the Greek Church, Bishop Veniamanoff, visited the coast between Bristol Bay and the Kuskovim, establishing Missions, chapels, and churches. Previous to this time, in 1815, Lieutenant Kotzebue, under the patronage of Count Rumiantzo, had discovered and surveyed Kotzebue Sound and the Arctic coast of America as far as Cape Lisburne. Lieutenant Tebenkof, of the navy, in 1835 established Missions and redoubts at St. Michael's, on the Norton Sound, and in 1838 an expedition fitted out by him located Point Barrow. Meanwhile, expeditions had penetrated into the interior. Glazunof ascended the Yukon as far as Nulato, and made the first portage between that river and the Kuskovim in 1836, while Malakof reached the same point from the redoubt established by Veniamanoff on the Nushegak, by way of that river and the Kuskovim.

"They were followed by Lieutenant Zagoskin, of the Imperial Navy, who in 1842-43 with five assistants made extensive explorations of basins of the Yukon and Kuskovim, a voluminous journal of which is now in print.

"Unbroken Possession.

"This brings us to the close of the first century of Russian discoveries and occupation in North America. It is needless to follow further, as the twenty-five years intervening between 1842 and the date of the Treaty of the United States are but a continuation and repetition of Russian occupation and supremacy of this territory. That possession was never changed or broken until it passed to the United States under the Treaty of 1867. The archives of Russia will further show that the Imperial Government itself not only fostered these discoveries, but from the earliest period has asserted and exercised dominion over the North American possessions.

"The discoveries of Behring in 1728-41 were under Royal Commission. In 1766 Tolstyk, after his discovery of the Adreian group of the Aleutian chain, was granted special privileges in the new possessions by an Edict of Catherine II. The expedition of Kreutzen, of the Imperial Navy, to Ounimak Island in 1758 was under commission of the same Sovereign. Upon the Report of the Committee of Commerce and the recommendation of the Governor-General of Siberia in 1768, Shelikof was granted a credit from the Public Treasury of 200,000 roubles to carry forward his enterprises in North America. By a Ukase of Catherine II in 1793 Missions of the Greek Church were established in the new dominion, and a Colony was also founded at Kodiak under

"The Russian-American Company.

"The Charter of the Russian-American Company issued in 1799 declares Russia's dominion in the following language: By the right of discovery in past times by Russian navigators of the north-western part of America, beginning from the 55th degree of north latitude and the chain of island sextending from Kamchatka to America and (southward to Japan, graciously permit the Company to have the use of all hunting grounds and establishments now existing on the north-western coast of America, from the above-mentioned 55th degree to Behring's Strait, and on the same on the Aleutian Kurile Islands situated on the north-eastern ocean.'

"In conclusion, the Charter enjoins: All military and civil authorities in the above-mentioned localities not only not to prevent the Company from enjoying to the fullest extent the privileges granted, but in case of need to protect them with all their power from loss or injury, and render them, upon application of the Company, all aid, assistance, and protection.'

"This assertion of dominion by Russia was reiterated in 1820, when, by an Imperial Ukase, Alexander I granted the second Charter to the Russian-American Company, renewing its privileges for twenty years, and was again asserted in 1844 by the granting of the third Charter, which not only increased the privileges of the Company, but also provided a system of colonial government for the RussianAmerican colonies for the twenty succeeding years.

"Russian Ordinance of 1821.

"All these assertions of jurisdiction and dominion passed unchallenged, but in 1821 the Imperial Government had issued an Ordinance regulating traffic in its Asiatic and American possessions, and reserved exclusively to subjects of the Russian Empire 'the transaction of commerce, the pursuit of whaling and fishing, or any other industry, on the islands in the harbours and inlets, and in general along the north-western coast of America, from Behring's Strait to the 51st parallel of north latitude and in the Aleutian Islands, and along the coast of Siberia and on the Kurile Islands, from Behring's Strait to the south-eastern promontory of the Island of Urup-viz., as far south as latitude 45° and 50° north.'

"This Ordinance called forth the protests of the United States and Great Britain, and protracted discussions followed. A critical examination of the diplomatic correspondence between the United States and Great Britain on one side and Russia upon the other will disclose that the points in dispute in the controversy were the assertion of Russia to exclusive jurisdiction over the Pacific Ocean, the assertion of dominion over the coast of North America from the 55th parallel south to the 51st (See note of Mr. Adams, American Minister to Russia, to the Russian Minister, March 1822.)

"Following these discussions came the Treaty of 1824 between Russia and the United States, and the analogous Treaty of 1825 between Russia and Great Britain. By these Treaties, Russia receded from her assertion of exclusive jurisdiction over the Pacific Ocean, and abandoned her claim to possessions on the coast of North America, south of 54° 40'.

"The Treaty.

"The following are the Articles of the Treaty between the United States and Russia germane to the questions involved in the case:

"ARTICLE I.

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

"ARTICLE II.

"With a view of preventing the rights of navigation and of fishing exercised upon the great ocean by the citizens and subjects of the High Contracting Powers from becoming the pretext of 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 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′ north latitude, and that in the same manner there shall be none formed by the 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 signatures 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, harbours, and creeks upon the coast mentioned in the preceding Article, for the purpose of fishing and trading with the natives of the country.' (Wheaton's International Law,' vol. i, pp. 2-112.)

"The Treaty between Russia and Great Britain contains substantially the same provisions. Neither in the Treaties nor in the correspondence is any reference made to Russia's claim of dominion over the Behring's Sea. If in the diplomatic correspon dence leading up to the Treaty any challenge as to the jurisdiction of Behring's Sea had been made, why was it not settled by the Treaties? Did the High Contracting Powers to these Treaties enter into a discussion lasting nearly two years as to one matter and make adjustment by Treaty as to other matters?

"The Convention between Russia and Great Britain, aside from disposing of the question of Russia's asserted sovereignty over the Pacific Ocean and fixing the southern limit of her possession on the western coast of North America, also established the dividing line of their respective North American possessions from 54 40 north to the frozen ocean, which boundary-line is incorporated verbatim into the Treaty of Cession of 1867 from Russia to the United States. (Treaty of 1867, Article I.)

"If differences existed as to the dominion of the Behring's Sea, why were they not also settled, as that manifestly would be a part of the object of holding the Con

vention?

the

"Russia's Jurisdiction.

"It cannot be successfully maintained that by such terms as the Great Ocean,' Pacific Ocean,' or the South Sea,' the High Contracting Powers referred to the Behring's Sea. Aside from this, it is stipulated in both Treaties that the ships, citizens, and subjects of either Power may reciprocally frequent the interior seas, gulfs, harbours, and creeks of the other on the North American coast for a period of ten years. The only interior sea on the North American coast was the Behring's Sea held 'South Sea,' or belonged to the high seas under the law of nations, why the term 'interior sea, and why should the United States and Great Britain accept a ten years' limit of the right of navigation, fishing, and trading in an interior sea if they had the unconditional right to frequent those waters under the law of nations?

Behring's Sea. Sovereignty vol. i, p. 28.) "A summary of results following the discussions and Conventions as to the Royal Ordinance of 1821 is the abandonment by Russia of her claim to sovereignty over the Pacific Ocean; a surrender of her claim to the North American coast south of 54° 40'; a settlement by Russia and Great Britain as to the boundary-line of their possessions in North America; agreements as to settlements upon each other's territory and navigation of each other's waters, but no surrender of Russia's jurisdiction over the

"This section of the Treaty, therefore, really concedes Russia's dominion over Chancellor Kent alludes to this subject as the claim of Russia to over the Pacific Ocean north of the 51st degree of latitude.' (Kent,

"Powers of Congress.

"Upon this branch of the subject, the power of Congress over Behring's Sca, there seems to be little room for discussion. The power of a nation to control its own dominions is one of the inherent elements of sovereignty.

"When a nation takes possession of certain parts of the sea, it takes possession of the empire over them as well as of the domain, on the same principles which are advanced in treating of the land. These parts of the sea are within the jurisdiction of the nation and a part of its territory; the Sovereign commands them; he makes laws and may punish those who violate them; in a word, he has the same rights there as on the land, and in general, every right which the laws of the State allow him.' (Vattel's 'Law of Nations,' p. 130.)

"By the Treaty of 1867, the cession of territory and dominion therein made is declared to be free and unencumbered by any reservations, privileges, franchises, grants, or possessions, . and conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion and the appurtenances thereto.' (Treaty, Article VI.)

"The Constitution of the United States declares that all Treaties made under the authority of the United States shall be the supreme law of the land. (Constitution of the United States, Article 6.)

"That same instrument vests in Congress the power to make all needful rules and regulations respecting the territory or other property belonging to the United States.' (Constitution of the United States, Article 4, section 3.)

"Manifestly, the Acts of Congress contained in chapter 3, Revised Statutes of the United States, relating to the unorganized Territory of Alaska,' and under which the information is brought, are embraced within these constitutional provisions.

"Conclusion.

"The foregoing record may contain but a meagre idea of the indomitable energy and perseverance displayed by the Russian people in acquiring empire in North America, beginning with discoveries of Behring in 1728, and extending for more than a century and a quarter, wherein they braved the perils of land and sea, overcame a savage native population, faced ice and snow, storm and shipwreck, to found and maintain empire on these rugged shores. Enough has been said to disclose the basis of Russia's right to jurisdiction of the Behring's Sea under the law of nations, viz., original possession of the Asiatic coast, followed by discovery and possession of the Aleutian chain and the shores of Alaska North, not only to Behring's Strait but to Point Barrow and the frozen ocean, thus inclosing within its territory, as within the embrace of a mighty giant, the islands and waters of Behring's Sea, and with this the assertion and exercise of dominion over land and sea.

"Such is our understanding of the law, such is the record. Upon them the United States are prepared to abide the Judgments of the Courts and the opinion of the civilized world.

Inclosure 2 in No. 77.

Extract from the "New York Herald," October 13, 1887.

THE ALASKAN SEAL FISHERIES.-The "Herald" lays before its readers this morning the grounds on which the United States claims exclusive jurisdiction over the seal fisheries of Behring's Sea, as set forth in the brief of the counsel for this country in the case against certain British vessels charged with violating our rights.

The plea in defence is that the United States has no dominion over the waters of Behring's Sea beyond a marine league, or 3 miles, from the Alaskan shore. But this view cannot be sustained. As is shown by numerous authorities cited in Counsellor Delaney's brief, it is a recognized principle of international law, and one which this country has always asserted, that a nation has jurisdiction not only over waters within the marine league, but all waters, whatever their extent, embraced within its land dominion. Gulfs, bays, and arms of the sea belong to the country within whose land they are encompassed.

Now Behring's Sea is not a part of the open or high sea. It is, as Mr. Delaney clearly shows, "an inland water cut off from the ocean and essentially land-locked." Before the purchase of Alaska by the United States in 1867 it was within the exclusive

jurisdiction of Russia. By that purchase it passed into the exclusive jurisdiction of the United States, which succeeded to the title of Russia.

No. 78.

The Marquis of Salisbury to Sir L. West.

Sir, Foreign Office, October 26, 1887. WITH reference to my despatch of the 19th instant, requesting you to protest to the United States' Government against the seizure of the British sealing schooner "Alfred Adams" in Behring's Sea, I have to instruct you to give the United States' Secretary of State a copy of the Report, and inclosures, which was drawn up by Mr. Foster, the Canadian Minister of Marine and Fisheries, on the 15th ultimo.

I understand that this document has been communicated to you by the GovernorGeneral of Canada, and a copy was inclosed in the letter from the Colonial Office of the 17th instant.

No. 79.

I am, &c.

Sir,

The Marquis of Salisbury to Sir L. West.

Foreign Office, October 29, 1887.

"

I HAVE received your despatch of the 14th instant, inclosing a note from Mr. Bayard, in which he expresses regret that the orders of the President of the United States for the release of the vessels "Carolina," "Onward," and "Thornton should have been delayed through misconception, and states that renewed orders have been forwarded for their liberation.

I approve your action in having forwarded a copy of this note to the Governor General of Canada.

Sir L. West to the Marquis of Salisbury.-(Received October 31.)

Washington, October 20, 1887.

My Lord, I HAVE the honour to inclose to your Lordship herewith copy of a note which, upon the receipt of your Lordship's telegram of the 19th, I addressed to the Secretary of State protesting against the seizure of the Canadian vessel "Alfred Adams" in Behring's Sea, and against the continuation of similar proceedings by the United States' authorities on the high seas.

I have, &c. (Signed)

Inclosure in No. 80.

L. S. SACKVILLE WEST.

Sir L. West to Mr. Bayard.

Washington, October 19, 1887.

Sir, I HAVE the honour to inform you that I am instructed by the Marquis of Salisbury, Her Majesty's Principal Secretary of State for Foreign Affairs, to protest against the seizure of the Canadian vessel" Alfred Adams" in Behring's Sea, and against the continuation of similar proceedings by the United States' authorities on the high seas.

I have, &c.

(Signed)

L. S. SACKVILLE WEST.