That

as clear and indisputable as that of navigating the seas. right has never been exercised in a spirit unfriendly to Russia; and although general complaints have been made on the subject of this commerce by some of your predecessors, no specific ground of charge has ever been alleged by them of any transaction in it which the United States were, by the ordinary laws and usages of nations, bound either to restrain or to punish. Had any such charge been made, it would have received the most pointed attention of this Government, with the sincerest and firmest disposition to perform every act and obligation of justice to yours which could have been required. I am commanded by the President of the United States to assure you that this disposition will continue to be entertained, together with the earnest desire that the most harmonious relations between the two countries may be preserved. Relying upon the assurance in your note of similar dispositions reciprocally entertained by His Imperial Majesty towards the United States, the President is persuaded that the citizens of this Union will remain unmolested in the prosecution of their lawful commerce, and that no effect will be given to an interdiction manifestly incompatible with their rights."

Protest

Great Britain, as well as the United States, of Great protested against the ukase of 1821. On Britain: Agree- April 24, 1823, Baron Tuyll, the successor of ment to Negotiate. M. Poletica as Russian minister at Washington, informed Mr. Adams that the views of the Emperor coincided with the wish expressed by the United States for a settlement of limits on the northwest coast; that the Imperial ministry had induced the British Government to furnish Sir Charles Bagot, their ambassador at St. Petersburg, with full powers to enter on negotiations for a reconciliation of the dif ferences between the two courts in relation to that coast; and that it was the Emperor's desire that Mr. Middleton, the minister of the United States at the Russian capital, should be invested "with the necessary powers to terminate with the Imperial cabinet, by an arrangement founded on the principle of mutual convenience, all the differences" that had arisen between Russia and the United States in consequence of the ukase. To this proposal the United States readily acceded, and on July 22, 1823, full power and instructions were sent to Mr. Middleton.

Middleton.

"From the tenor of the ukase," said these Instructions to Mr. instructions, which proceeded from Mr. Adams, "the pretensions of the Imperial government extend to an exclusive territorial jurisdiction from the fortyfifth degree of north latitude, on the Asiatic coast, to the

latitude of fifty-one north on the western coast of the American continent; and they assume the right of interdicting the navigation and the fishery of all other nations to the extent of one hundred miles from the whole of that coast. The United States can admit no part of these claims. Their right of navigation and of fishing is perfect, and has been in constant exercise from the earliest times, after the peace of 1783, throughout the whole extent of the Southern Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions, which, so far as Russian rights are concerned, are confined to certain islands north of the fifty-fifth degree of latitude, and have no existence on the continent of America." In regard to territorial claims, Mr. Adams said that the right of the United States from the forty-second to the forty-ninth parallel of north latitude on the Pacific Ocean was considered to be unquestionable, and that the government was willing to agree to 55° north latitude as a boundary line. With Mr. Middleton's instructions there was inclosed a draft of a convention, consisting of three articles, by the first of which it was proposed that the citizens and subjects of the contracting parties should "not be disturbed or molested, either in navigating or in carrying on their fisheries in the Pacific Ocean or in the South Sea, or in landing on the coasts of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the country; subject, nevertheless, to the restrictions and provisions specified" in the second and third articles. By the second article it was to be agreed, to the end that such navigation and fishery might not be made a pretext for illicit trade, that the citizens or subjects of one of the contracting parties should not land without permission on any part of the coast actually occupied by the settlements of the other party; and, by the third article, that no settlement should thereafter be made "on the northwest coast of America by citizens of the United States or under their authority north, nor by Russian subjects, or under the authority of Russia, south of the fifty-fifth degree of north latitude."

On April 17/5, 1824, Mr. Middleton concluded Convention of 1824. with Count Nesselrode and M. Poletica, as representatives of the Russian Government, a convention on the lines of his instructions. By the first articles it was agreed "that, in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respec

tive 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." These "restrictions and conditions," as defined in Articles II. and III., were (1) that, "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 for an illicit trade," the citizens of the United States should not resort to any point where there was a Russian establishment without the permission of the governor or commander, nor subjects of Russia, without permission, to any establishment of the United States upon the northwest coast; and (2) that there should not be formed by the citizens of the United States, or under the authority of the United States, "any establishment upon the Northwest coast of America, nor in any of the islands adjacent, to the north of fifty four degrees and forty minutes of north latitude," nor by Russian subjects, or under the authority of Russia, any establishment south of that line. The sum and substance of these various stipulations, which were permanent in their nature, was that there should be no interference with navigation or fishing, or with resort to unoccupied coasts, in any part of the Pacific Ocean, and that the dividing line between the territorial claims or "spheres of influence" of the United States and Russia on the northwest coast of America should be the parallel of 54° 40′ north latitude. Above that line Russia was left by the United States to contest the territory with Great Britain; below it the United States was left by Russia to carry on a similar contention with the same power. The subject of commercial intercourse was adjusted, temporarily, by Articles IV. and V. of the convention. By these articles it was provided that, for a term of ten years from the date of the sig nature of the convention, the ships of both powers might "reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks," on the northwest coast of America for the purpose of fishing and trading with the natives; but, from the commerce thus permitted, it was provided that all spirituous liquors, firearms, other arms, powder, and munitions of war of every kind should always be

excepted, each of the contracting parties, however, reserving to itself the right to enforce this restriction upon its own citi. zens or subjects. When the commercial privilege thus secured came to an end, the Russian Government refused to renew it, alleging that it had been abused. But under the most-favorednation clause contained in Article XI. of the treaty of commerce and navigation between the United States and Russia of December 18, 1832, citizens of the United States enjoyed on the Russian coasts the same privileges of commerce as were secured by treaty to British subjects.

Russo-British Convention of 1825.

The convention between Great Britain and Russia for the settlement of the questions between the two powers, growing out of the ukase of 1821, was concluded at St. Petersburg on February 28/16, 1825. In regard to the rights of navigation and fishing, and of landing on the coasts, its provisions were substantially the same as those of the convention between Russia and the United States. In respect of territorial claims, the following line of demarcation was adopted: Beginning at the southernmost point of Prince of Wales Island, which touches the parallel of 54° 40' north latitude, between 131° and 133° of west longitude, it was provided that "the line should ascend to the north along Portland Channel till it strikes, on the continent, the 56th degree of north latitude; that from this point it should follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude ; and finally, from the said point of intersection, [should follow] the said meridian line of the 141st degree, in its prolongation as far as the frozen ocean." It was further expressly stipulated that Prince of Wales Island should belong wholly to Russia, and that whenever the "summit of the mountains" extending "parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude" should "prove to be at a distance of more than ten marine leagues," or thirty geographical miles, "from the ocean," the boundary should be "formed by a line parallel to the winding of the coast," and "never to exceed the distance of ten marine leagues therefrom." Such is the description of the line adopted for the purpose of dividing the British territories north of 54° 40′ from what is now known as Alaska. The convention also secured, for the space of ten years, the enjoyment of substantially the

same reciprocal privileges of commerce as were contained in the convention with the United States. These privileges were renewed by Article XII. of the treaty between Great Britain and Russia of January 11, 1843.

Cession of Alaska to the United States.

By a convention signed at Washington on the 30th of March 1867 the Emperor of Russia, in consideration of the sum of $7,200,000 in gold, ceded "all the territory and dominion" which he possessed "on the continent of America and in the adjacent islands," to the United States. Of this cession the eastern limit, as described in Article I. of the convention, is the line of demarcation between the Russian and British possessions as established by the Anglo-Russian convention of February 28/16, 1825. The western limit is defined by a water line, beginning in Behrings Straits, and proceeding north and south as follows: Beginning at a point in those straits, on the parallel of 65° 30′ north latitude, at its intersection by the meridian which passes midway between the islands of Krusenstern or Ingalook, and the island of Ratmanoff or Noonarbook, it "proceeds due north without limitation" into the "Frozen Ocean." Such is the northward course. In its southward course it begins at the same initial point, and "proceeds thence in a course nearly southwest, through Behring's Straits and Behring's Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski, to the meridian of one hundred and seventy-two west longitude; thence from the intersection of that meridian in a southwesterly direction, so as to pass midway between the island of Attou and the Copper Island of the Kormandorski couplet or group in the North Pacific Ocean, to the meridian of one hundred and ninety-three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian."

Legislation of the
United States.

By acts of July 27, 1868, March 3,1869, July 1, 1870, and March 3, 1873, legislation was adopted in relation to the territory thus ceded. These acts, so far as their provisions were of a permanent nature, have been incorporated into the Revised Statutes of the United States, sections 1954-1976. By the act of July 27, 1868,1 the territory was erected into a customs district under the name of Alaska, and "the laws of the United States relat

115 Stats. at L. 240; R. S. sec. 1954.