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condition has been alleged and it is believed that none such exists. The British agent, in a letter dated May 15, to the agent of the United States, made this statement: “ A preliminary examination of the case for the United States, which reached my hands a couple of days ago, makes it clear that it will be impossible to prepare a counter case for Great Britain within the period of two months, which is, in the absence of an extension, contemplated in the treaty. The many allegations of fact contained in the case and appendix filed on behalf of the United States which can only be examined upon, and in the neighborhood of the territory in question, obviously renders further time necessary.”

It is suggested that neither the British agent nor the British Government can allege that it has been taken by surprise by the case of the United States. Full notice had been given to that Government and its representatives of the claims of the United States on this question. . It has been the subject of much discussion during the sessions of the Joint High Commission in 1898 and 1899. Besides the oral consideration, a printed pamphlet was laid before the commission, entitled “Views of the United States commissioners on the Alaskan Boundary as defined by the treaty of 1825.” This document set forth at length the claims of the United States and every essential point made in the case of the United States was there mentioned. It is seen from the British case that this pamphlet was in the hands of the British agent. In addition to this, after the adjournment of that commission, the boundary question had been discussed at great length between Mr. Choate and the secretaries of the foreign office in London; so that the British Government had abundant notice of the views and contentions of the United States. Since 1898 the Alaska boundary had been a subject of correspondence and discussion, and ample time had been afforded the Canadian authorities to prepare their case. The character of the case of the United States could not, therefore, be a just ground for an extension of time.

Upon this point the Government of the United States has been diligent in making its wishes known. You will remember that during the negotiation of the treaty organizing the present tribunal, when you asked for a longer period than two months each for the preparation of the case and counter case, I explained to you the President's wish that if the boundary was to be submitted to adjudication, it should be concluded within the time indicated by me. You accepted these conditions, and the treaty was signed.

In the month of March, last, after the British agent had begun his labors in visits to this Department, you expressed the desire of that official and your Government that the time should be extended for the preparation of the case and counter case, and you will recall that, in addition to a repetition of the views of the President, you were informed that the official engagements of two of the American members of the tribunal made it impossible to extend the time. Lord Lansdowne must, therefore, be laboring under a misapprehension of the facts if he fears, as seems to be intimated, that the Government of the United States is influenced in its action through any question of personal convenience. For reasons which are welĩ founded, and which have been explained to you, the United States has not been able to consent to any change in the stipulations of the treaty in this respect, and it can not see any cause in the considerations advanced by the British agent for reversing its judgment.

I trust you will assure the Marquis of Lansdowne of the earnest desire of the President to bring this vexed question to a termination in such a way that it will leave no unkind feeling between the two nations, and that he is desirous of meeting his lordship's wishes as far as possible. He has, therefore, directed me to state that the British agent, or his representative, will be permitted at his convenience to examine all the documents adduced in the case of the United States to which reference is made in your notes of May 29 and June 8, without any restriction or condition as to the use be shall make of the results of his examination, reserving for the agent of the United States the right to enter such motion or objection before the tribunal when it assembles as he may think proper.

I have already advised you of the intention of the agent of the United States to have in London the originals or certified copies of all documents and papers contained in the case and counter case of the United States. He has already prepared copies in the original of the Russian documents in the case. Should the British agent not see proper to take advantage of the permission herein given to examine these and other documents in Washington, and should desire it, the Russian documents will be forwarded to him at London.

In closing, I have the honor to inform you that, in faithful compliance with the treaty, the counter case of the United States, which is already printed, will be delivered in the numbers heretofore indicated, on July 3, at your embassy in this city, unless you should indicate that delivery at Newport will be more convenient to you. I am, dear Sir Michael, faithfully yours,

John Hay.

Mr. Sifton to Mr. Foster.

HOTEL CECIL,

London, W. C., June 15, 1903. Sir: I have the honor, in reply to your communication of May 23, to inclose memorandum dealing with the requests made by you in the said communication. I have the honor to be, sir, your obedient servant,

CLIFFORD SIFTON, Agent for His Britannic Majesty.

[Inclosure.) Memorandum respecting the request of the United States agent for copies of documents

specified in British Case without annexing copies therelo.

[Inserted in the margin:) as to requests numbered 1, 2, 3, and 4.

The following from the records of the Hudson's Bay Company comprises all the documentary evidence available to the British agent at present. The letters referred to from the Russian American Company are stated to be somewhere in the archires of the Hudson's Bay Company, but as yet they have not been found. If copies are received, they will at once be forwarded to the United States agent.

The records of the Hudson's Bay Company above referred to show the following:

1. Agreement between Hudson's Bay Company and Russian American Company, May 17, 1842.

2. Extract from minutes of board of Hudson's Bay Company, December 20, 1858, referring to offer of Russian American Company to extend lease to January 1, 1862.

3. Extract from minutes of same board, January 10, 1859, approving offer and containing letter of acceptance.

4. Letter from Thomas Fraser, secretary Hudson's Bay Company, November 25, 1862, to board of directors of Russian American Company, requesting renewal of lease to June 1, 1864 or 1865.

5. Extract from a letter from the same to the same, March 24, 1863, acknowledging receipt of letter extending lease to June, 1865.

6. Extract from a letter from the same to the same, May 3, 1865, acknowledging receipt of Admiral Tebankoff's letter and accepting extension of lease till June 1, 1866.

7. Extract from minutes of board, May 22, 1866, when letter of Russian American Company, May 4/16, 1866, referred to governor and deputy governor.

8. Extract from minutes of board May 29, 1866, that extended lease for one year more.

9. Letter May 24, 1866, by T. Fraser, secretary of Hudson's Bay ('ompany to Russian American Company accepting renewal of lease till June, 1867.

10. Extract from a letter, January 25, 1867, the same to the same, offering to renew the lease for three years from June, 1867.

11. Letter from Admiral Tebankoff, April 28, May 20, 1867, to Hudson's Bay Company, notifying the company of the cession of Russian America to the United States, and of the inability of the Russian American Company to carry out its conditional agreement of 1/13 February, 1867, and requesting that the term of the lease be considered as ending with the date of the actual transmission of Russian America.

12. Extract from minutes of board of Hudson's Bay Company, May 21, 1867, where letter April 18/10 May, 1867, from Russian American Company is read, and ordered that they be informed that lease must terminate May 31.

13. Extract from letter from W. G. Smith, secretary, May 22, 1867, to board of Russian American Company, terminating the lease on May 31, 1867.

Agreement between Hudson's Bay Company and Russian American Company.

MAY 17, 1842. In order to remove certain ambiguities which appear to exist in the agreement entered into by Sir George Simpson, acting on behalf of the Hudson's Bay Company, and Baron Wrangel, under date 6th February, 1839, and with a view to guard against any difficulty that might arise in the construction of the terms of that agreement, it is further agreed by Sir George Simpson, governor in chief of Rupert's Land, acting on behalf of the Hudson's Bay Company, and Captain Etolin, of the Russian Imperial Navy, governor of the Russian American colonies, acting on behalf of the Russian American Company:

1st. That from and after the 1st June proximo all sea otter skins that may be traded by the agents, officers, or servants of the Hudson's Bay Company from Indians or others, that can by possibility be ascertained to have been killed or hunted to the northward of latitude 54° 110 (sic), whether received at Fort Simpson or elsewhere, shall be delivered over to the Russian American Company, and that all land furs of any description that may be traded by the agents, othcers, or servants of the Russian American Company to the southward of Cape Spencer, whether the produce of the islands or of the mainland, shall be delivered over to the Hudson's Bay Company.

2nd. That in order to simplify and facilitate the adjustment of the account, the following tariff be adopted, by which the account will be made up in blankets of 31 points, best quality, which are substituted for blankets of 3 points, in consequence of the usual gratuity in liquor being discontinued; and, on the interchange of furs, the balance due on either side shall be paid in the article of 3 point blanket, instead of making a money account of it, which can not conveniently be agreed upon.

The tariff as follows: 1 large sea otter

7 blankets, 31 pts. best quality. 1 hali sized " 1 cub 1 large beaver .... 1 middling beaver 1 small " 1 land otter, large

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1 middling otter .....

i blankets, 34 pts. best quality. 1 small 1 large silver fox .. 1 small " " 1 large cross fox ... 1 small 6 16 1 large red fox ... 6 seasoned martens 2 lynxes, large .... 3. " middling....... 5 small .............. 1 black bear, large. 1 " 6 middling i i small ............ 1 brown bear, large........... 1 " " middling.....

Foxes, martens, and lynxes to be received at the prices affixed to each, whether made up into robes or not, and all cubs, unseasoned skins, minks, muskrats, and others not enumerated to be paid for at proportionate prices to the more valuable furs.

Previous to the discontinuation of liquor it was usual with the Russian American Company to consider best 3 points blankets as the standard in all dealings with Indians, giving therewith a gratuity of rum, but now that article is interdicted in trade the 31 point blanket, best quality, is substituted as a standard.

This tariff to be adopted in the settlement of account on the interchange of furs between the Hudson's Bay Company and the Russian American Company, but it is not necessary it should be adopted by either party in their dealings with Indians, and this tariff may be altered or modified from time to time as the Hudson's Bay Company and Russian American Company may hereafter find expedient.

3rd. That this agreemeent shall take effect and be acted upon from and after the 31st May, 1842, new style, and that it shall be understood to supercede and annul the agreement entered into by Mr. F. Douglas, acting on behalf of the Hudson's Bay Company, and Captain Kooprianoff, acting on behalf of the Russian American Company, in the month of May, 1842, but not executed by the contracting parties, although since acted on. Given under our hands and seals at New Archangel, May, 1842. (Signed)

GEORGE SIMPSON. [L.S. Signed)

A. ETHOLINE. (L.

Extracts from minutes of board of Hudson's Bay Company, December 20, 1858, referring

to offer of Russian American Company to extend lease to June 1, 1862.

Read a letter from the Russian American Company dated St. Petersburgh, 27 November, 9 December, 1858, in which they offer to renew the lease of their territory to the Hudson's Bay Company till January 1, 1862, on the same terms as before, but excepting from the lease the sale and export of ice, coals, timber, and salt fish.

Ordered that the question be postponed for further consideration.

Extract from minutes of board, January 10, 1859, approving offer and containing letter of

acceptance. The answer of the governor under date the 28th December, 1858, to the letter of the Russian-American Company of 27 November, 9 December, 1858, was read and approved of. Copy of answer referred to The Directors of the Russian

Hudson's Bay House,
American Company,

London,
St. Petersburgh.

28 December, 1858. GENTLEMEN: I have the pleasure of acknowledging the receipt of Governor Etholin's letter, addressed to the directors of the Hudson's Bay Company, dated St. Petersburgh, 27 November, 9 December, 1858, on the subject of the renewal of the lease of the territory on the northwest coast of America in which he proposes to prolong the said lease to the 1st January, 1862, on the same terms as the present lease, with the

exception of the privilege at present possessed by the Hudson's Bay Company, to export rice, coal, timber, and salt fish from the territory in question.

On the part of the Hudson's Bay Company I beg to state that, notwithstanding this very important exception, I am willing to renew the lease on the same terms as to rent, as my colleagues are desirous that the good understanding that has so long subsisted between the companies should continue. At the same time I feel bound to state that we have serious apprehensions that the captains of vessels coming from San Francisco for ice or timber may interfere with the fur trade, and we confidently look to your directors to take all the necessary precautions to prevent such interference, reserving to this company the right, should such interference be proved, of at once determining the contract. I have the honor to be, gentlemen, your most obedient servant,

(Signed) H. H. BERENS, Governor.

Letter from Thomas Fraser, secretary Hudson's Bay Company, November 25, 1862, to board of directors of Russian-American Company, requesting renewal of lease to 1 June, 1864 or 1865.

GENTLEMEN: When I had the honor of addressing you on 11 July last I informed you that the governor and committee of the Hudson's Bay Company, owing to the unfavorable reports received from the officers in charge of their establishments on the northwest coast of America of the results of the trade for the last two years, and the still more disheartening prospects as to the future, had found themselves under the necessity of giving you notice of their intention to terminate the relations which bave so long existed between them and your honorable company by relinquishing the lease of the territory which they held under you. • Since then the company have received advices from their agents which state that, notwithstanding the discouraging account which they have had to transmit, they think that in the present state of transition through which the whole of that region is passing it would be premature on the part of the company to relinquish the trade without a further trial.

They consequently suggest that the board should apply to your company for a renewal of the lease for a limited term.

In the circumstances I am directed by the governor and committee to inquire if it would suit the views of your honorable board to extend the lease of the territory on the same terms as at present for one or two years, say, to 1 June, 1864, or 1 June, 1865.

Ertract from a letter from the same to the same, March 24, 1863, acknowledging receipt of

letter extending lease till June, 1865.

I am directed by the governor and committee to acknowledge the receipt of your letter of 25 February, 8 March, 1863, in which you inform them that, having obtained the authority of His Majesty the Emperor to extend the lease of the Stakine territory, at present rented from you by this company, you have determined that, in compliance with the application of this company, you shall extend the lease of the territory in question for two additional years—that is to say, until the 1st day of June, 1865.

I am directed to add that no time has been lost in communicating the new arrangement to the officers of the Hudson's Bay Company on the northwest coast of America, with a recommendation that they should in every occasion which offers endeavor to preserve your interests in that quarter from infringement.

Extract from a letter from the same to the same, May 3, 1865, acknowledging receipt of

Admiral Tebankoff"'s letter and accepting extension of lease till June 1, 1866.

I am directed by the governor and committee to acknowledge the receipt of Admiral Tebankoff's letter of the 10th and 20th ultimo, declining the offer made by this company of £2,000 per annum for the trade of both the mainland and islands of the Stikine territory, but offering to continue the present existing lease of the mainland as now held by this company for an additional year-that is to say, till 1 June, 1866.

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