40 



In tbe fifth resolution of this conference it is claimed that the treaty 

 secures to Eussia this advantage, viz, "that after the expiration of 

 ten years the subjects of the United States of America will abstain 

 entirely from visiting tlie tcaters of the North American coasts beyond 

 540 40' and from fishing and from trading there with the native inhabi- 

 tants.^^ 



The majority of the members of that committee stated as their 

 opinion — 



That the treaty of April 5-17 must be ratified, and that for the 

 prevention of any incorrect interpretation of that act Gen. Baron 

 Tuyll may be instructed at the proper time to make the declaration 

 mentioned in the draft of the communication read by Count Nessel- 

 rode. 



The minister of finance and Acting State Councillor Drushinin, 

 while admitting the necessity of ratifying the treaty of April 5-17, 

 express and i>lace on record the special opinion hereto annexed in the 

 protocol, to the effect that Baron Tuyll should be instructed at the 

 exchange of the ratifications of that treaty to stix)ulate that the right 

 of free hunting and fishing granted by tlie second article of the said 

 treaty shall extend only from 51° 40' to the latitude of Cross Sound. 



The majority of the members of the committee could not but observe, 

 on the one hand, that as the Ilussiau-Americau Company has founded 

 many settlements in the said latitude, article 2 of the treaty of April 

 5-17, gives it the desired security on this subject; that even if it 

 had simply organized hunting and fishing in those regions it is 

 extremely doubtful whether American subjects would undertake the 

 expense necessary for voyages to those Northern latitudes in which 

 they can enjoy their j)rivileges for only ten years, and whether in that 

 case they would expose themselves to dangerous competition aud would 

 visit those waters for hunting and fishing where they had long been 

 anticipated by the company, as there would be little hope for them of 

 indemnifying themselves for their expenses and losses. 



These proceedings show that the Eussian claim at that time and 

 under their construction of the treaty of April 5-17, 1824, was that the 

 assertion of the exclusive right of fishing and hunting north of 59° 30' 

 was reserved to Eussian subjects even during the x)eriod of the privi- 

 leges that were granted to United States citizens under article 4 of the 

 treaty, for ten years. 



This attitude of Eussia towards the exclusive right to the fur trade 

 in Bering Sea was maintained in practice down to 18G7, no one object- 

 ing. The close care of the fur-seal industry on the islands, the policeing 

 of the seas for the i)rotection of fur-bearing animals, the arrest of sus- 

 pected or offending ships, and the basing of civilization and govern- 

 ment on that traffic upon all her coasts and islands in Bering Sea by 

 careful legislation, all prove that Enssia admitted no common, or part- 

 nership rights of any people or government in any of those privileges 



