COUNTER-CASE OF GREAT BRITAIN. 33 



No copies, liowever, are forthcoming' of the instructions 

 given by the Ivussian Government to Baron Tiiyll, nor are 

 any copies of the despatches from the Baron to his Gov- 

 ernment, or the subsequent reports of the result of the 

 negotiations, now produced. What actually took place 

 between Baron Tuyll and Mr. Adams is best told by quota- 

 tion from Mr. Adams' diary. 



Mr. Adams' account of this transaction is as follows: 



Cdh, Mondaij. — Baron Tuyll, the Russian Minister, wrote mo a note ^ -'^J^'^'"'" °^ 

 requesting an immediate interview, iu consequence of instructions ypj ^j' „ 435*™^' 

 received yesterday from liis Court. H< came, and, after intima.ting 

 that lie was under souie embarrassment in executing his instructions, 

 said that the Russian-American Comjiauy, upon learning the purport 

 of the north-west Coast Convention conchided last June by Mr. 

 Middleton, were extremely dissatisfied ("a jete do hauts cris"), and, 

 by means of their inlluence, had prevailed upon his Government to 

 send him these instructions upon two points. One was, that ho 

 should deliver, upon the exchange of the ratifications of the Conven- 

 tion, an explanatory note, pur]iorting that the Russian Government 

 did not understand that the Convention Avoiild give liberty to the 

 citizens of the United States to trade on the coast of Siberia and 

 the Aleutian Islands. The other was, to propose a modification of 

 the Convention, by which our vessels should be])rohibited from trad- 

 ing on the North-west Coast north of latitude 57*^'. With regard to 

 the former of these points, he left with me a minute in writing. 



I told him that we should be disposed to do everything to accommo- 

 date the views of his Government that was in our power, but that a 

 modification of the Convention could be made no otherwise tlian by 

 a new Convention, and that the construction of the Convention as 

 concluded belonged to other Departments of the Government, for 

 which the Executive had no authority to stipulate; that if on the 

 exchange of the ratifications he sliould deliver to mo a note of 

 36 the purport of that which ho now informally gave me, I should 

 give him an answer of that import, namely, that the construc- 

 tion of treaties depending lure upon the judiciary tribunals [the 

 Executive Government, even if disposed to acquiesce in that of the 

 Russian Government as announced by him, could not be binding upon 

 the Courts, nor upon this nation.]* I added that the Convention 

 would be submitted immediately to the Senate; that if anything 

 affecting its construction, or, still more, modifying its meaning, were 

 to be presented on the part of the Russian Government before, or at 

 the exchange of, ratifications, it must be laid before the Senate, and 

 could have no other possible effect than of starting doubts, and per- 

 haps hesitation, in that body, and of favouring the views of those, if 

 Buch there were, who might wish to defeat the ratification itself of 

 the Convention. This was an object of great solicitude to both Gov- 

 ernments, not only for the adjustment of a difiScult question which 

 had arisen between them, but for the promotion of that harmony 

 which was so much iu the policy of the two countries, which might 

 emphatically be termed natural friends to each other. If, therefore, 

 ho would permit me to suggest to him what I thought would be the 

 best course, it would be to wait for tlie exchangt^ of the ratifications, 

 and make it purely and 8imi)ly; that afterwards, if the instructions 

 of his Government were imperative, lie might ])resent the note, to 

 which I now iufoinied him what would bo in substance my answer. 

 It necessarily could not be otherwise. But if his instructions left it 

 discretionary with him, he would do still better to inform his Govern- 

 ment of the stiite of things hero, of the pur[)ort of our conference, and 

 of what my answer must be if ho should present the note. I believed 

 his Court would then deem it best that he sliould not present the note 

 at all. Their apprehensions had been excited by an interest not very 



* This passage does not appear in Mr. Blaine's (luotatiou from Mr. 

 Adams' diary (United States Case, Appendix, vol. i, p. 277). It is 

 important, inasmuch as it indicates that the United States Govern- 

 ment were not disposed to acquiesce in the proposed construction of 

 the Treatv. 



S, PT VIII 3 



