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and thence went to Fitz Hugh Sound, where he resumed his examination of the continental shore. His explorations thence forward for some time referred to the southern portion of the territory in dispute. They are of the utmost importance for the determination of the true construction of the Treaty, and a detailed examination of this survey will be found in a later portion of the Case.

The examination of the northern portion of the territory now in dispute was made on his return to the coast in July, 1794.

This completed Vancouver's survey of the north-west coast and adjacent archipelago. He then returned to Nootka, thence to the Sandwich Islands, and thence to England, viâ Cape of Good Hope, reaching home in September, 1795.

Captain Vancouver died in May, 1798, before his "Voyages" appeared. In the course of the same year, however, they were published in London by his brother, who explained in a note that Captain Vancouver himself had revised the whole up to p. 408 of the third volume. The portion thus revised covers the whole of his geographical discoveries on the coast of America. With this edition was published a volume of Charts, three of which, relating to the portion of the coast now in question, are reproduced in the Atlas accompanying this Case.

A French translation of Vancouver's "Voyages" was published in Paris in 1801, and in the same year a second English edition appeared in London.

No survey of that part of the continental coast material to the present question, except Vancouver's, was made before 1825, nor, indeed, for a long time afterwards. After the publication of his "Voyages," with their accompanying volume of charts, several maps of this region were published, namely, a Russian map in 1802, Langdorff's (1803-1805), Arrowsmith's (1822), Arrowsmith's (1824), Faden's (1823). These are reproduced in the Atlas. All follow Vancouver's charting.


It is practically certain that the negotiators of the Convention of 1825 had Vancouver's maps before them, because they not only adopt the latitudes and longitudes assigned by him to the various points referred to, but also his nomenclature. A reference to the names used in the diplomatic correspondence-Mount St. Elias, Cross Sound, Lynn Channel or Harbour, Chatham Strait, Norfolk Sound, Cook's Inlet, Admiralty Island, Novo - Archangelsk and


Sitka, King George's Archipelago, King George's Island, Stephen's Passage, Duke of York's Island, Duke of Clarence's Strait or Sound, Prince of Wales's Island, Portland Channel or Canal, Observatory Inlet-will show that Vancouver's charts were used.

It is to be observed that Vancouver did not attempt any explo


ration or survey on land; nor had any one else attempted it before 1825. Vancouver's charts do not even show the existence of rivers; his surveys stopped at the beach.

Vancouver published in his atlas a chart of the southern part of the region now under consideration, and another of the northern part. On the former is shown an interior continuous range of mountains, and smaller mountains closely following the shore lines. The intervening space is entirely covered by a conventional (and very regular) representation of mountains, less heavily shaded.

On the chart of the northern part the interior range is also shown boldly, but less elaborately, than on the other chart. The shore range is entirely absent, and in the intervening space the mountains are very lightly dotted in.

These differences between the charts are such that they at once strike the eye, and cannot escape, notice.

A few miles of the mainland, with the interior range, is shown on both of the charts. This range on one of them is not more

than 2 or 3 miles back from the head of Houghton Bay. On the other it is about 20 miles.

Vancouver has also a chart showing the whole coast on a smaller scale than the other two. This differs considerably from both the others. The shore range is considerably emphasized, so as to equal, or nearly so, the interior range.

The representation of mountains on Vancouver's charts was, therefore, purely conventional. They are differently depicted by him on his own several charts, and also by the mapmakers who followed him. In no case could it have been supposed by any one in 1825 that these representations of mountains accorded with ascertained geographical features.


II.-Settlements on the Islands and Mainland to 1825.

In 1778, at Cook's Inlet, Captain Cook found evidences of Russian trade, but no Russians. At Unalaska, one of the Aleutian

Islands, he again heard of the Russians, and on a second visit met Russian traders.

In 1783 the first attempt was made, following Cook's discoveries, to establish a Russian trading post on the American mainland at Prince William Sound. It ended disastrously.

For some years after this, only one small vessel was dispatched from Siberia for trading purposes; but in 1784 Shelikof visited Unalaska, and reached Kadiak Island, intending to effect a permanent settlement there.

Portlock and Dixon, in 1786, visited Cook's Inlet and found a party of Russians encamped there, but no fixed establishment.

Meares in the same year met Russians and natives at Amlia Island, one of the Aleutian chain. He proceeded eastward along the Aleutians, and was piloted by a Russian into Unalaska. The only Russian establishments were underground huts of the native pattern.

In 1788 a Spanish expedition found a Russian colony at Three Saints, on Kadiak Island, but there were no Russians at Prince William Sound. Three Saints was the eastermost point which up to that time had a permanent Russian Settlement.

In 1790, Russia and Sweden being at war, a Sweedish cruiser visited the Aleutian Islands, but found no Government establishment, and no Russians except traders "in abject poverty."

In 1794 Vancouver ascertained the easternmost Russian Settlement at that time to be at Port Etches in Prince William Sound. He clearly understood that the Russian Government had little to do with these Settlements; that they were solely under the direction of independent mercantile Companies."

In 1799 the "Caroline," Captain Cleveland, from Boston, arrived at Sitka shortly after a Russian post had been established there.

Of the enterprises of Baranoff, Governor of Sitka, Bancroft says:

"At every point eastward of Kadiak where he had endeavoured to open trade he had found himself forestalled by English and American ships, which had raised the prices of skins almost beyond his limited means.”



Even up to the 28th (16th) February, 1825, no Russian Settlement had been formed on the continent or in the vicinity of the strip in dispute. This was pointed out on the part of Great Britain at the beginning of the negotiations in 1823, and insisted on

ever afterwards.

At no time was this contention controverted by Russia, and towards the close of the negotiations its truth was frankly admitted.

The relation of the British fur traders and the Hudson's Bay Company towards the disputed strip were, however, of a most intimate character, as shown by the various letters of J. H. Pelly, Deputy Governor of the Company, to Mr. Canning and others. The following extracts are made from a letter by Mr. Pelly to Mr. George Canning, the 25th September, 1822:

"In the year 1793, Sir Alexander McKenzie crossed the Rocky Mountains in 56° 30′ north latitude, and penetrated to the Pacific Ocean in latitude 52° 20′. Immediately after his return the British fur traders sent expeditions and established trading posts in the country to the westward of the Rocky Mountains. New trading stations have been gradually formed as the country was more fully explored, and until 1821 the whole trade of an extensive district named New Caledonia, and extending from the mouth of Fraser's River, situated about 49° north latitude to about 60° north latitude, was carried on by the British Northwest Company.


“The partnership of the British North-west Company being then about to expire, arrangements were made in 1821 by which the Hudson's Bay Company acquired possession of all the forts and trading stations of that Association situated in New Caledonia, as well as in other parts of British North America.

"The principal forts, or permanent and centrical trading stations in New Caledonia, now occupied by the traders and servants of this Company, are situated at the Rocky Mountain Portage in 56° north latitude and 121° west longitude; on Stewart's Lake, in 54° 30′ north latitude and 125° west longitude; on McLeod's Lake, in 55° north latitude and 124° west longitude, and on Fraser's Lake, in 55° north latitude and about 127° west longitude; and there are several minor trading posts, the situations of which are occasionally changed according to local circumstances. By these means an extensive trade is carried on with all those Indian tribes which inhabit the country from about 60° north latitude as far south as the mouth of Fraser's River, which is in about 49° north latitude, and between the Rocky Mountains and the sea.

"The British fur traders have never met with the traders of any other nation in that country, and it does not appear that any part of it has ever been occupied by the subjects of Russia or of any other foreign Power.

"This Company has trading establishments also in Mackenzie's River, which falls into the Frozen Ocean as far north as 66° 30′ north latitude, which carry on a trade with those Indians who inhabit the country to the west of that river and to the north of 60° of north latitude, and who, from the nature of the country, can communicate more easily with Mackenzie's River than with the trading posts in New Caledonia."

S. Doc. 162, 58–2, vol 3- -2




On the 4th September, 1821, the Emperor of Russia published an Ukase, expressed to be for the protection of Russian trade with the Aleutian Islands and the part of the north-west coast of America subject to Russia. Certain rules were annexed to the Ukase, of which the first two were as follows:

"1. The pursuits of commerce, whaling, and fishery, and of all other industry on all islands, posts, and gulfs, including the whole of the north-west coast of America beginning from Behring's Straits to the 51° of 'northern latitude, also from the Aleutian Islands to the eastern coast of Siberia, as well as along the Kurile Islands, from Behring Straits to the south cape of the Island of Urup, viz., to the 45° 50′ north latitude, is exclusively granted to Russian subjects.

"2. It is therefore prohibited to all foreign vessels, not only to land on the coasts and islands belonging to Russia, as stated above, but, also to approach them within less than 100 Italian miles. The transgressors' vessel is subject to confiscation along with the whole cargo."

By a previous Ukase, published the 27th December 1799, the Emperor Paul had created the Russian-American Company, and had granted to it extensive privileges in this region. It was this Company that would reap the benefit sought to be conferred on Russian subjects by the Ukase of 1821.

The Ukase of 1821 was communicated by Baron Nicolay to the Marquess of Londonderry by a dispatch of the 12th November, 1821, in answer to which Lord Londonderry, writing on the 18th January, 1822, stated that as to the exclusive sovereignty alleged to belong to Russia over the territories described in the Ukase, as also the exclusive right of navigating and trading within the maritime limits therein set forth, His Britannic Majesty must be understood as reserving all his rights. The United States also protested.

In the course of the discussions which arose out of the Russian pretensions, that Power receded from the claim to exclusive dominion upon the seas in question. That part of the controversy is not now material. Suffice it to say that it was ulti



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