CASE OF THE LORIOT. 181 



nig made Forrester's Island, she anchored in the harbor of Tuckessan, in 

 latitude 54° 55' north; that no Russian establishment existed in that 

 harbor; that 4 days afterwards an armed brig- of His Imperial Majesty's 

 navy went into the neighboring harbor, called Tateskey, in latitude 

 54° 45' north; that no Russian establishment existed in this latter 

 harbor; that she was boarded by officers from the armed brig", by whom 

 her captain was first ordered to leave the dominions of Russia, and 

 subsequently compelled to get under way and sail for the harbor of 

 Tateskey; that when off the harbor of Tateskey she was, in threatening- 

 weather, refused permission to enter, and peremptorily again com- 

 manded to quit the waters of His Imperial Majesty; * * * * " 



Mr. Dallas continues as follows: 



"The right of the citizens of the United States to navigate the Paci- 

 fic Ocean, and their right to trade with tbe aboriginal natives of the 

 Northwest coast of America, without the jurisdiction of other nations, 

 are rights which constituted a part of their independence * * * It 

 is unknown to the undersigned that they have voluntarily conceded 

 these rights, or either of them, at any time, through the agency of their 

 government, by treaty or other form of obligation, in favor of any com- 

 munity. Yet he deduces from the communication of His Excellency, 

 after having given it. the careful consideration to which every act from 

 such a source lays claim, as the only ground upon which the reclama- 

 tion on behalf of Captain Blinn is resisted, the proposition that the 

 United States, by the Convention of 1824 yielded to His Imperial 

 Majesty their right to hold commerce on the expiration of ten years with 

 the aboriginal natives on the Northwest Coast beyond the degree of 

 54° 40' north latitude. This proposition, if established, is unquestion- 

 ably fatal to the pretensions of the master and owners of the Loriot. 

 It bears, however, an aspect so detrimental to the interests of his 

 countrymeu, and to their attributes as an independent power, is so in- 

 consistent with the past policy and principles of the American cabinets, 

 and is withal of such minor importance to the prosperity and greatness 

 of Russia, that the undersigned trusts its want of solid foundation will, 

 on further reflection, be apparent and confessed." 



After discussing at length the terms of the treaty Mr. Dallas con- 

 tinues : 



"The undersigned submits that in no sense can the fourth article be 

 understood as implying an acknowledgment on the part of the United 

 States of the right of Russia to the possession of the coast above the 

 latitude of 54 40' north. It must of course be taken in connection with 

 the other articles, and they have, in fact, no reference whatever to the 

 question of the right of possession of the unoccupied parts. To prevent 

 future collisions it was agreed thatno new establishment should beformed 

 by the respective parties to the north or south of the parallel ment ioned ; 

 but the question of the right of possession beyond the existing estab- 

 lishments, as it stood previous to or at the time of the convention, was 

 left untouched. 



"By agreeing not to form new establishments north of latitude 54 40' 

 the United States made no acknowledgment of the right of Russia to 

 the territory above that line. If such an admission had been made, Rus- 

 sia, by the same construction of the article referred to, must have equally 

 acknowledged the right of the United States to the territory south of 

 the parallel. But that Russia did not so understand the article is con- 

 clusively proved by her having entered into a similar agreement in her 

 subsequent treaty of 1825 with Grea* Britain, and having, in that in- 



