252 DIPLOMATIC CORRESPONDENCE. 



extent of that claim, from Beliring Straits to the fifty-first parallel; 

 (2) that the convention of 1825 was regarded on both sides as a renun- 

 ciation on the part of Eussia of that claim in its entirety, and (3) that 

 though Behring Straits was known and specifically provided for, Behring 

 Sea was not known by that name, but was regarded as part of the 

 Pacific Ocean. 



The answer, therefore, to the questions with which Mr. Blaine con- 

 cludes his dispatch is that Her Majesty's Government have always 

 claimed the freedom of navigation and fishing in the waters of Behring 

 Sea outside the usual territorial limit of 1 marine league from the coast; 

 that it is impossible to admit that a public right to fish, catch seals, or 

 pursue any other lawful occupation on the high seas can be held to be 

 abandoned by a nation from the mere fact that for a certain luimber of 

 years it has not suited the subjects of that nation to exercise it. 



It must be remembered that British Columbia has come into existence 

 as a colony at a comparatively recent date, and that the first consider- 

 able influx of population, some thirty years ago, was due to the dis- 

 covery of gold, and did not tend to an immediate development of the 

 shipping interest. 



I have to request that you will communicate a copy of this dispatch, 

 and of its inclosures, to Mr. Blaine. You will state that Her Majesty's 

 Government have no desire whatever to refuse to the United States 

 any jurisdiction in Behring Sea which was conceded by Great Britain 

 to Eussia, and which properly accrues to the present possessors of Alaska 

 in virtue of treaties or the law of nations ; and that if the United States 

 Government, after examination of the evidence and arguments which I 

 have produced, still differ from them as to the legality of the recent 

 captures in that sea, they are ready to agree that the question, with the 

 issues that depend ujion it, should be referred to impartial arbitration. 

 You will in that case be authorized to consider, in concert with Mr. 

 Blaine, the method of procedure to be followed. 

 I have, etc., 



Salisbury. 



[Inclosure 1.] 



Lord Londonderry to Count Lieven. 



Foreign Office, January IS, ISSS 

 The undersigned has the honor hereby to acknowledge the note addressed to him 

 by Baron de Nicolai, of the 12th November last, covering a copy of an ukase issued 

 by His Imperial Majesty the Emperor of all the Russias, and bearing date the 4th Sep- 

 tember, 1821, for various purposes therein set forth, especially connected with the 

 territorial rights of his Crown on the northwestern coast of America bordering upon 

 the Pacific and the commerce and navigation of His Imperial Majesty's subjects in 

 the seas adjacent thereto. 



This document, containing regulations of great extent and importance, both in its 

 territorial and maritime bearings, has been considered with the utmost attention and 

 with those favorable sentiments which His Majesty's Government always bears to- 

 ward the acts of a State with which His Majesty has the satisfaction to feel himself 

 connected by the most intimate ties of of friendship and alliance, and having been 

 referred for the report of tliose high legal authorities whose duty it is to advise His 

 Majesty on such matters, tbe undersigned is directed, till such friendly explanations 

 can take i)lace between the two governments as may obviate misunderstandiug upon 

 so delicate and important a point, to make such provisional protest against tlie en- 

 actments of the said ukase as may fully serv^e to save the rights of His Majesty's 

 Crown, and may protect the persons and })ropertios of His Majesty's subjects from 

 molestation in the exercise of their lawful callings in that quarter of the globe. 



The undersigned is commanded to accjuaint Count Lieven that, it being the King's 

 constant desire to respect and cause to bo respected by his subjects, in the fullest 



