37 



The term "liimting" in Article II necessarily includes tlie same 

 "hunting' * * * carried, on by our loyal subjects /n ^/ic /tor^AcY^ster/i 

 seas and along the coasts of America" that is reserved, exclusively, to 

 Russian subjects by the ukase of 1 799. 



The right of fishing is not mentioned specifically in the ukase of 

 1799, for the reason, doubtless, that it then had no importance. It is 

 specifically mentioned in the ukase of 18151, and is therein classed as 

 follows, viz, " the pursuits of commerce, Avhaling, and fishery, and of 

 all other industry on all islands, ports, and gulfs." 



In the ukase of 1821 all these ])ursuits, including hunting in the 

 northeastern seas, are embraced in ''the trade of our subjects (who are) 

 on the Aleutian Islands and on the Northwest coast of America apper- 

 taining to Russia," are covered by the protecting power of the Russian 

 Empire. And in order to make the ])rotection eftectual the right of 

 navigation was in that ukase restricted to 100 miles from the coasts, etc. 



In 1824 the United States held the Spanish title to its possessions 

 on the Pacific coast north of latitude 42°. and had no other substan 

 tial claim to that coast. In the treaty of 1824 between the United 

 States and Russia nothing was settled that had not been claimed by 

 Russia in these two ukases of 1799 and 1821, and in Article I of the 

 treaty (the rights of) " the respective citizens and subjects of the High 

 'Contracting Powers" are "neither distnrbed nor restrained either in 

 navigation or in fishing, or in the power of resorting to the coasts, upon 

 13oints that nmy not have been already occu])ied, for the purpose of trad- 

 iny with the natives, saving always the restrictions and conditions de- 

 termined by the following articles." 



Articles 2, 3, and 4 are as follows: 



Akticle II. 



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, 

 it is agreed that the citizens of the United States shall not resort to 

 any point where there is a Russian establishment without the permis- 

 sion of the governor or commander; and that, reciprocally, the sub- 

 jects of Russia shall not resort without permission to any establishment 

 of the United States ui^on the Northwest coast. 



Article III. 



It is moreover agreed that hereafter there shall not be formed by 

 the citizens of the United States, or under the authority of the said 

 States, any establishment u^jou the Northwest coast of Ameiica, nor in 



