Puslapio vaizdai

tish establishment on the Northwest mentioned, shall be formed by a line Coast.

3. The line of demarcation between the possessions of the high contracting parties upon the coast of the continent, and the islands of America to the northwest, shall be drawn in the manner following:

Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 deg. 40 min. north latitude, and between the 131st and the 133d degree of west longitude (meridian of Greenwich) the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north latitude; from this last-mentioned point, the line of demarcation shall 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 (of the same meridian); and finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean, shall form the limit between the Russian and British possessions on the continent of America to the northwest.

4. With reference to the line of demarcation laid down in the preceding article, it is understood:

First, That the island called Prince of Wales Island shall belong wholly to Russia.

Second, That wherever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude, shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia, as above

parallel to the windings of the coast, and which shall never exceed the distance of ten marine leagues therefrom.

5. It is moreover agreed, that no establishment shall be formed by either of the two parties within the limits assigned by the two preceding articles to the possessions of the other; consequently, British subjects shall not form any establishment either upon the coast or upon the border of the continent comprised within the limits of the Russian possessions, as designated in the two preceding articles, and, in like manner, no establishment shall be formed by Russian subjects beyond the said limits.

6. It is understood that the subjects of his Britannic Majesty, from whatever quarter they may arrive, whether from the ocean, or from the interior of the continent, shall for ever enjoy the right of navigating freely, and without any hinderance whatever, all the rivers and streams which, in their course towards the Pacific Ocean, may cross the line of demarcation upon the line of coast described in Article 3 of the present convention.

7. It is also understood that, for the space of ten years from the signature of the present convention, the vessels of the two powers, or those belonging to their respective subjects, shall mutually be at liberty to frequent, without any hinderance whatever, all the inland seas, the gulfs, havens, and creeks mentioned in Article 3, for the purposes of fishing and trading with the natives.

8. The port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of ten years from the date of the exchange of the ratifications of the present convention. In the event of an extension of this

term of ten years being granted to any other power, the like extension shall be granted also to Great Britain.

9.-The above-mentioned liberty of commerce shall not apply to the trade in spirituous liquors, in firearms, or other arms, gunpowder, or other warlike stores; the high contracting parties reciprocally engaging not to permit the above-mentioned articles to be sold or delivered, in any manner whatever, to the natives of the country.

10.-Every British or Russian vessel navigating the Pacific Ocean, which may be compelled by storms or by accident to take shelter in the ports of the respective parties, shall be at liberty to refit therein, to provide itself with all necessary stores, and put to sea again, without paying any other than port and light-house dues, which shall be the same as those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his merchandise in order to defray his expenses, he shall conform himself to the regulations and tariffs of the place where he may have landed.

11. In every case of complaint or account of an infraction of the Articles of the present convention, the civil and military authorities of the high contracting parties, without previously acting or taking any forcible measure, shall make an exact and circumstantial report of the matter to their respective courts, who engage to settle the same in a friendly manner, and according to the principles of justice.

12. The present convention shall be ratified, and the ratification shall be exchanged at London, within the space of six weeks, or sooner if possible.

In witness whereof the respective

plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at St Petersburgh, the 28th (16th) day of February, in the year of our Lord 1825.

(L.S.) The Count de NESSELRode.
(L.S.) PIERRE de Poletica.


Conventions between their Catholic and Most Christian Majestics, for prolonging the stay of the French Army in Spain, after the 1st of January, 1825.

His Most Catholic Majesty the King of Spain and the Indies, having judged that it would be useful to continue in his states a part of the French army beyond the period of January 1, 1825, in order to give time to the complete reorganization of the Spanish army, and to consolidate the reestablishment of public order; and his most Christian Majesty the King of France and Navarre, desiring to give to his Most Catholic Majesty a new proof of the lively and sincere attachment which he feels for his august person, and to confirm his legitimate authority, for the welfare and prosperity of his people; their Majesties have resolved to conclude, in order to effect this object, a new convention, and have named pleni. potentiaries to that effect-his Catholic Majesty, Don Francisco de Zea Bermudez, Knight Pensioner of the Royal and distinguished Order of Charles III., Councillor of State, his first Secretary of State, President of his Council of Ministers, &c. &c.; and his most Christian Majesty, the Sieur Charles Joseph Edmond de Boislecomte, Knight of the Royal

Order of the Legion of Honour, his Charge d'Affaires to his Catholic Majesty, &c.,-who, having exchanged their full powers, drawn up in good and due form, have agreed to the following articles:

Art. 1. The French corps d'armée at present in Spain, shall be reduced to twenty-two thousand men, to take place from January 1, 1825.

2. These troops shall be stationed in the following places:-Cadiz, Isle of Leon and its dependencies, Barcelona, St Sebastian, Pampeluna, Seo d'Urgel, Jaca, and St Fernando de Figueras.

3. Independently of these troops, a brigade, formed of two Swiss regiments, and commanded by a general officer, shall remain at Madrid, and in such of the royal residences where his Majesty may be, to do service near his person, and that of the royal family, jointly with Spanish troops.

4. All fortresses at present occupied by the French troops, shall be evacuated, with the exception of those which are designated in the second article ; and the troops which make no part of any of the new garrisons, shall return to France at the period (January 1, 1825,) fixed by the present convention.

5. The French troops will furnish the garrisons of the cities and fortresses indicated in the second article. The military command of each of those cities and fortresses shall belong to the French officers, provided with a letter of service to command in it; and the relations of the French commandants with the Captains-General, or with the Viceroy of Navarre, in the cities where the two authorities, French and Spanish, are united, shall subsist, such as they were established by the last conventions.

6. The French commandants will apply, to the service confided to them, the provisions of war which are found

in the fortresses occupied, and which are to be furnished by Spain. None of the arms, munitions, or magazines, forming the provisions for the fortress, are to be withdrawn, but with the approval and consent of the French commandant who may be there stationed.

7. His Catholic Majesty engages to provide for the establishment of barracks, magazines, materiel for the hospitals, conveyances, military rations, provisions for a siege in the fortresses, and to make all repairs and other arrangements which may be considered necessary.

8. The terms fixed by the tenth article of the convention of the 9th February, for the expenses of pay, maintenance, equipment, and clothing, which constitute the differences between the peace and the war footing, being reduced, in proportion to the number of the troops, remain fixed at the sum of 900,000 fr. per month.

9. Measures shall be concerted between the two governments, to establish the amount of the expenses mentioned in the 6th article of last June, and to secure their reimbursement.

10. His most Christian Majesty not leaving troops in Spain but in compliance with the request made by his most Catholic Majesty, these troops shall be withdrawn as soon as the parties interested shall judge it necessary, having regard to the reservations contained in the sixteenth article of the convention of the 9th February last.

11. All the clauses of the convention of the 9th February, and the regulation which is annexed to it; those of the convention of the 10th February, relative to the service of the military posts, which are not modified in the new arrangement to be concluded between the two govern

ments, founded on the present state of things; and all those of the convention of the 30th June, which are not contrary to the present stipulations,-shall continue to have full and entire effect during the whole period of the present convention.

12. The present convention shall be ratified, and the ratifications exchanged with the least possible delay. In faith of which the respective plenipotentiaries, in virtue of their full

powers, have signed the present convention, and have affixed to it their seals with their arms. Done in duplicate at San Lorenzo de l'Escurial, December 10, 1824.



(The ratifications follow, of their most Catholic and Christian Majesties, bearing date Dec. 3, and Dec. 18, 1824.)




January 1, 1825.


At half-past ten, this morning, Mr O'Connell entered the Commission Court, Dublin, accompanied by Messrs Wallace, Sheil, Perrin, &c., and followed by the Crown Counsel. The judges immediately took their seats, and the Grand Jury was sworn in. Mr Justice Moore then proceeded to charge the Jury; and after adverting to the combinations among the operative tradesmen, he said, he perceived by the indictment, that bills were to be sent to the Jury, in the case of an individual on a charge, the nature of which he should find it necessary to explain at some length. The principle that he would adhere to, in this case, would be a principle supported by the first law authorities in these countries he meant the English Court of King's Bench. In the case of Sir Francis Burdett's Leicester letter case, it was deter

́mined that the words should be expressed, and that there should be no ambiguity-in fact, that there should be an identity of person as well as of words. They should apply this doctrine to the case of the individual before them. They should first be sure that the express words were spoken. Secondly, that they were spoken by the person charged with having uttered them-and, thirdly, that these were of the nature and tendency described in the indictment ;—that tendency should be unequivocal. It should have the effect of alienating the minds of his Majesty's subjects, or of producing a change, by unlawful means, in the constitution, as by law established. It was necessary that this tendency should be strictly proved, and that was matter of inference for the Jury to decide, when the express words were testified. It would then be necessary to consider the intent with which these words were spoken-whether the person uttering them, taking into account their spirit and context, the time when, and the place where uttered, had a sedi

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