"If your Excellency can obtain the strait which separates the islands from the mainland as the boundary, the prolongation of the line drawn through that strait would strike the mainland near Mount Elias, the lowest point of unquestioned Russian discovery." The geography was not very accurately known and not always present to the mind of the negotiators, and it is very difficult to see how that line would actually strike the mainland near Mount Elias. But I do not know that it is very material, and— "If that were too much to insist upon, the 135th degree of longitude, as suggested by your Excellency, northward from the head of Lynn's Harbour, might suffice. "It would, however, in that case be expedient to assign, with respect to the mainland southward of that point, a limit, say, of 50 or 100 miles from the coast, beyond which the Russian posts should not be extended to the eastward. We must not on any account admit the Russian territory to extend to any point to the Rocky Mountains. By such an admission we should establish a direct and complete interruption between our territory to the southward of that point and that of which we are in possession to the eastward of longitude 135 degrees, along the course of the Mackenzie River." I think the Tribunal will see that Mr. Canning, in speaking of the proposal to take a line northward from the head of Lynn's Harbour, says that with regard to the line of longitude it might be expedient to assign with reference to the mainland southward of the point, that is the limit. That proposal was never carried out, and the Memoranda which we inclosed in the letter require that I should just call attention to them without reading at all in detail. Mr. Pelly's Memorandum is the first inclosure. It deals with these various suggestions as to the boundary further to the north which was ultimately settled upon, and the limit of territory inland. I really do not think it is in the least necessary that I should go through them; I may pass on to the extremely important and crucial despatch of the 17th March, 1824, from Sir Charles Bagot to Mr. Canning, inclosing various projets "and" contre projets," to which I am afraid I must draw the attention of the Tribunal in more detail, because we are now approaching the kernel of the matter. That despatch with its inclosures ranges from pp. 67 to 75 of the British Appendix. The first paragraph that I need read is that on the top of p. 67, stating that the proposal 66 was: "That the question of strict right should be provisionally waived on both sides, and that the adjustment of our mutual pretensions should be made upon the sole principle of the respective convenience of both countries." It goes on, then :— "This basis of negotiation being willingly accepted by all parties I stated that so far as I understood the wishes and interests of Russia, her principal object must be to secure to herself her fisheries upon the islands and shores of the north-west coasts of North America, and the posts which she might have already established upon them; that, on the other hand, our chief objects were to secure the posts upon the continent belonging to the Hudson's Bay Company, the embouchures of such rivers as might afford an outlet for our fur trade into the Pacific and the two banks of the Mackenzie River; that, in the belief that such were our respective objects I would propose as our boundary a line 36 drawn through Chatham Straits to lead to the head of Lynn Canal, thence north-west to the 140th degree of longitude west of Greenwich, and thence along that degree of longitude to the Polar Sea. This proposal was made by me verbally and was taken for consideration by the Russian Plenipotentiaries, who at our next meeting offered a contre-projet,' which I afterwards requested might be reduced to writing, and of which I inclose a copy (Inclosure 1),” Now, to return to that "contre-projet." I invite the attention of the Tribunal to the first paragraph, which is this, at the bottom of p. 69: 66 "The proposals made by the Russian Plenipotentiaries to Sir Charles Bagot, and which his Excellency has been requested to take into serious consideration, tended to have the 55th degree of north latitude recognized as a dividing-line between the respective possessions." That is, the proposal of the Russian Plenipotentiaries tended to the 55th degree of the north latitude being recognized as a dividingline. This same limit as has already been assigned to the possessions of Russia by the Charter. 66 In order to complete the line of demarcation, and to make it as distinct as possible, the Russian Plenipotentiaries have expressed the wish to make it follow the Portland Canal as far as the mountains which run along the coast. "From this point the limit would ascend along these mountains parallel from the sinuosities of the coast, as far as the 139th degree of longitude (meridian of London), the line of prolongation of which degree towards the north would constitute the ultimate limit between the Russian and the English possessions to the north as well as to the east." The PRESIDENT. Is it parallel to, or parallel with? "The principal motive which forces Russia to insist upon retaining the sovereignty over the strip of land described previously on the mainland from the Portland Canal as far as the point of intersection of the 60th degree of latitude with the 139th degree of the same, is that, if deprived of their territory, the Russian-American Company would be left without any means of supporting the establishments, which would thereby be left without any support and could not have any strength nor solidity. "As a compensation Russia would consider it a duty to open to the subjects of His British Majesty the free navigation of all the rivers which empty into the ocean within the said strip of land. "In order to give a final proof of his anxiety to meet the wishes of the British Government, she would also open to the trade of His British Majesty's subjects and to their vessels the Harbour of Novo-Archangelsk, should the abovementioned terms be accepted." 66 Now there are two points which call for passing observation in this contre-projet." The first relates to the 55th degree of parallel that points out in terms that the only reason for even desiring departure from the 55th degree was to avoid what would be equally inconvenient "également incommode," viz.: The division of Prince of Wales Island between Russia and Great Britain. The point could not be put more clearly, and I submit that if it rested upon that passage alone the greater part of the argument advanced by the United States with regard to latitude 54 degrees 40 minutes as the governing factor would fall to the ground. The 55 degrees is the governing factor and the 55th degree is only departed from in order to include the southern point of Prince of Wales Island. Then the next paragraph upon which I will make one remark is this: "The motive which forced Russia to insist upon retaining the sovereignty over the strip of land described previously as 'la terre ferme depuis le Portland Canal.'" 37 Well, it is this, that if deprived of this territory the Russian American Company would be left without any means of supporting the establishments-that is the Russian establishments on the island, which "ne pourroient avoir aucune solidité." That is further explained afterwards, but even in that passage I submit it is perfectly clear that all that Russia wanted was a strip of territory on the mainland adjoining the line of the coast, in order that those establishments of hers on the island might be assured of access for the purposes of trade with the Indians on the coast; that from the Russian establishments they might go to the coast to trade with the Indians and that the Indians from these coasts might go to trade with the Russians at Sitka. That is what they wanted, and as soon as that motive is appreciated, and as soon as it is realized that no strategic reasons entered into the desire for that "lisière," for this "point d'appui," that it had reference to the support and the feeding of mercantile establishments, it would appear that, so far as the object in view is concerned, there is no inconsistency whatever between what Russia wanted and the heads of the inlets remaining British territory. The access of the Russian establishments of the Russian settlers from Sitka to the coast for the purpose of trade is assured, even though the heads of the inlets go to Britain; she gets the "lisière," the strip on the coast which is wanted as a "point d'appui " as a feeding ground for the Russian establishments upon the Islands. Your Lordship will forgive me if, as I read these despatches, I call attention to those points which I desire to emphasise. The PRESIDENT. Certainly. Sir ROBERT FINLAY. It will no doubt be necessary for me to recur to them afterwards but what I am doing now may shorten the time of the subsequent references when I come to deal with this question. 6 Then, on p. 67, Sir Charles Bagot says, with reference to what took place when this "contre-projet" (to which I have just called attention) was read: "In offering this contre-projet' Count Nesselrode seemed to intimate that, however disposed the Emperor might be to retract pretensions advanced by himself which might be thought to conflict with the interests of other Powers, it would be asking too much of the Imperial dignity to require that pretensions advanced twenty-five years ago by the Emperor Paul, and which had been hitherto undisputed, should now be renounced." That is the 55th degree of latitude. Again: "I thought it my duty, upon an intimation of this kind being made, to declare at once that all considerations of such a nature were incompatible with the stipulated basis of our negotiations, and that if the question of national dignity was to be touched, I too should have much to say upon that head, and should probably find it quite impossible to make those concessions which, upon the simple ground of mutual convenience, I might, perhaps, without difficulty do. This explicit declaration had its desired effect, and the Russian Plenipotentiaries engaged not to introduce again arguments of this kind into our discussions. "As the 'contre-projet' offered to me appeared to be, generally speaking, entirely inadmissible, I drew up such a modification of my original proposal as would, I thought, meet the only reasonable objection made to it (an objection made in conversation by the Russian Plenipotentiaries), viz., the inconvenience which Russia might experience by vessels of the United States claiming a right, under their Convention with Great Britain, to visit the waters lying between King George's Archipelago and the islands and continent to the eastward of it, and which might, in this matter, seriously annoy the subjects of His Imperial Majesty in their pursuits and occupations upon those shores. "This modification of my first proposal will be found in the enclosed paper (Inclosure 2)." Now this again is a very important document. It is Sir Charles Bagot's "contre-projet." "As it has been agreed to recognise as basis of negotiations the mutual conveniences of both countries, it is to be noted, in answer to the proposal offered by the Russian Plenipotentiaries, that a dividing line, starting from the southernmost extremity of the Prince of Wales Island, and extending to the mouth 38 of the Portland Channel, thence by the middle of this channel until it reaches the mainland, thence to the mountains bordering the coast, and from that point along the said mountains up to the longitude of the 139th degree, &c., the said line would deprive His Britannic Majesty of the sovereignty over these inlets and small bays [The expression is " anses " in the French; I suppose it may be translated "cove" or "inlet "] which are to be found between the 56th and 54th 45-minute degree of latitude, many of which (as there is every reason to believe) communicate directly with the establishments of the Company of Hudson's Bay, and would consequently be of vital importance to its trade, while on the other hand the Russian-American Company does not possess any settlements on the mainland between the two abovementioned parallels, not even on the Prince of Wales Island, nor on the islands which lie between the aforesaid and the mainland." Pausing for one moment at that paragraph, I call attention to the fact that the southern degree of latitude, when it puts in latitude what is expressed as the Portland Channel in the "contre-projet" of the Russians, is spoken of as 54.45, and if your Lordship will look, as by-and-bye will have to be done, at Vancouver's narrative and maps, it will be found that he fixed 54.453, I think, as the latitude of the north-west point of the Island of Kanaghunut, one of the islands which were on the left hand as he was sailing down this channel to the north of Pearse Island, Kanaghunut, and Sitklan to the open sea. That is the latitude which is given us by Sir Charles Bagot here when he translates into latitude the point which was mentioned in the "contre-projet." He takes a point which almost exactly agrees with the latitude which Captain Vancouver had given in speaking of the wonderful channel opening out into the ocean. The PRESIDENT. It gives 54 degrees 45 minutes as the mouth of the Portland Channel, not only of Cape Fox but of the mouth of the Channel. Sir ROBERT FINLAY. The point I mentioned, my Lord, was not Cape Fox. We are at cross purposes for one moment. What I mean to say is that Vancouver in his narrative speaks of the land lying on the port side as he was sailing down to the open sea. He says it turns out to be composed of several islands. The only islands he was then dealing with were Sitklan and Kanaghunut. The PRESIDENT. Certainly. Sir ROBERT FINLAY. And he says the north-west point of that island, which must have been, I think, Kanaghunut, was 54 degrees 553 minutes. Then he also in another passage, as has just been pointed out, speaks of the latitude as the latitude of the canal. Then Sir Charles Bagot goes on: "In accepting the terms of the proposal made by Sir Charles Bagot in his first conference with the Russian Plenipotentiaries, there would be (as it appears) only one inconvenience to Russia, that which might arise from the right which the United States would perhaps claim, in virtue of their Convention with Great Britain of the year 1818, of free navigation through the waters between the Island of King George and the mainland, thereby interfering in some way with the trade of His Imperial Majesty's subjects in these waters. "In order to remove this inconvenience and to comprise in favour of Russia the absolute sovereignty over these waters and over all the islands and the coast where there are actually to be found Russian establishments, Great Britain would propose to take as a line of demarcation between the territories of the two Powers a line running from west to east through the middle of the channel which divides the Prince of Wales Island and the islands of the Duke of York from all the islands lying to the north of the said island until it strikes the mainland." That is the channel which was afterwards known as Sumner's Strait. It was not known by that name at the time-to the north of Prince of Wales island and the Island of the Duke of York. "Thence, extending in the same direction upon the mainland as far as a point 10 marine leagues distant from the coast; from this point the line would follow a northerly and north-westerly direction parallel to the sinuosities of the coast, and always at a distance of 10 marine leagues from the shore as 39 far as the 140th degree of longitude (of Greenwich), the prolongation or extension of which would be followed as far as the Polar Sea." That is the proposal which was not adopted for taking the Sumner Strait, and then striking inward 10 leagues and filling up with a belt. of 10 leagues wide. Now, Sir Charles Bagot refers to that amended proposal, and at the bottom of p. 67 he says this: "You will observe that in making the proposal so modified, I, in fact, exceeded, in some degree, the strict letter of your instructions by assigning to Russia the islands lying between Admiralty Island to the north, and Duke of York and Prince of Wales Islands to the south, but I entertained sanguine expectations that such a proposal, coupled with the concession of a line of coast extending 10 marine leagues into the interior of the continent would have been considered as amply sufficient for all the legitimate objects which Russia could have in view, and quite as much as she could pretend to with any shadow of real claim or justice. "So far, however, from this being the case, my amended proposal was met at our next Conference by observations which I again requested might be reduced to writing, and which will be found in the enclosed paper (Inclosure.)" Inclosure 3 deals with most of the points really which come before the Tribunal. That is a very important document: "The motive which has prompted the adoption of the principle of mutual conveniences, and the first advantage of this principle is to prevent the respective establishments on the north-west coast from injuring each other and coming into conflict. 66 "The English establishments of Hudson's Bay Company and of the Northwest Company show a disposition to extend towards the west by the 53rd and 54th degrees of north latitude." par That is "l'ouest par. The word is " "--on: degrés de latitude septentrionale." "The Russian establishments of the American Company seem to move south towards the 55th parallel and beyond, as it is to be observed that if the American Company has not yet formed permanent settlements on the mathematical line of the 55th degree, it is none the less a fact that in virtue of its privilege of 1799, against which no Power has ever entered a protest, they carry on the chase and fishing in these regions, and that as a rule it occupies the islands and the adjoining coasts during the season which allows for the sending there of its hunters and fishermen. "It was then of a reciprocal convenience for the two Empires to assign proper limits to mutual improvements which with time could have only occasioned most serious complications. "It was also convenient that both parties should determine these limits, taking into consideration the natural divisions, which always form the most distinct and indisputable frontiers. "For these reasons the Russian Plenipotentiaries have proposed as the limits on the coast of the continent to the south the Portland Channel, whose head is about the 56th degree of north latitude, and to the east the chain of mountains which follow at a very small distance the windings of the coast." Then, again, I doubt whether "about" is an accurate translation ; "dont l'origine dans les terres est par le 56° degré de latitude nord," I apprehend, means at the 56th degree; not necessarily with precise. accuracy, but speaking generally I suppose that is how we should estimate. The PRESIDENT. Which page is that? |