PUBLIC RECORD OFFICE
Reference :-
TRILLIC.O.
· 885
10 PUBLIC RECORD_OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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Adverting, however, to the peculiar character of the stipulations of the convention on the subject in question, I venture to submit that until some specific cases or facts are stated, or are at least assumed hypothetically, it is scarcely practicable to define beforehand (and, as it were, "in the abstract") the precise character, nature, and extent of the rights which may be claimed in regard to commerce and navigation by Her Majesty's subjects in the Russian territories on the north-west coast of America under the treaty of 1859, as modified by the convention of 1825.
It may be found expedient, in view of the state of things which may be expected in the locality in question in connexion with the recent discoveries of gold and coal alluded to by the Governor, for the Governments of Great Britain and Russia to agree upon some further and more specific arrangements for giving complete effect to the stipulations of the treaty and convention (taken together), and for avoiding, as far as practicable, international complication or collisions in relation to the very peculiar circumstances of the locality in question, and to the possible results of the recent discoveries of gold and coal in the British territory communicating with the ocean by navigable rivers whose mouths are in the Russian territory.
The Earl Russell, K.G.
&c.
&c.
I have, &c.
(Signed) J. D. HARDING.
5706.
MY LORD,
No. 117.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
Doctors' Commons, June 6, 1862. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 30th May ultimo, stating that he was directed by your Lordship to transmit to us a Despatch from Her Majesty's Minister at Washington reporting a conversation which his Lordship had had with Mr. Seward relative to a Bill which had been prepared for presentation to Congress by the Select Committee on River and Lake Defences, which provides for the establishment of naval depots on Lakes Michigan, Erie, and Ontario, and requested that we would take the same into our consideration and favour your Lordship with our opinion as to the bearing on such Bill of the treaty engagements between Great Britain and the United States.
In obedience to your Lordship's commands we have taken the same into our con- sideration, and have the honour to
Report
That no copy of the Bill in question for the establishment of naval depôts on Lakes Michigan, Erie, and Ontario is with the papers, and that, as regards Lord Lyons' suggestion that "such naval establishments on the lakes would be inconsistent with treaty stipulations" (which does not seem to have been disputed by Mr. Seward), we must observe that the only document to which we are referred on this head is the proclamation of President Monroe, of the 28th of April 1818, which recites that an arrangement was entered into at Washington, in April 1817, between Mr. Rush (at that time acting as Secretary for the Department of State of the United States), for and on behalf of the Government of the United States, and the Right Honourable Charles Bagot (His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary), for and on behalf of His Britannic Majesty, which arrangement is in the words following: "the naval force to be maintained upon the American lakes by His Majesty " and the Government of the United States shall henceforth be confined to the
following vessels on each side-that is:
"On Lake Ontario, to one vessel not exceeding 100 tons burden, and armed with one 18 pound cannon.
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"On the waters of Lake Champlain to one vessel not exceeding like burden, and "armed with like force.
"On the upper lakes, to two vessels not exceeding like burden each, and armed with "like force.
“All other armed vessels on these lakes shall be forthwith dismantled, and no other " vessels of war shall be there built or armed.
"If either party should hereafter be desirous of annulling this stipulation, anci "should give notice to that effect to the other party, it shall cease to be binding after "the expiration of six months from the date of such notice.
"The naval force so to be limited shall be restricted to such services as will in no "other respect interfere with the proper duties of the armed vessels of the other party.” The proclamation proceeds to recite that the Senate of the United States have approved of the said arrangement, and recommended that it should be carried into effect, and that the same has received the sanction of His Royal Highness the Prince Regent, acting in the name and on behalf of His Majesty, and then "makes known " and declares that the arrangement aforesaid, and every stipulation thereof, has been
duly entered into, concluded, and confirmed, and is of full force and effect."
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The arrangement (as thus recited in the proclamation) is confined to the naval force in national vessels of war to be maintained (in effect) afloat upon the "American lakes
as therein mentioned, it contains no stipulation as to naval depôts or establishments on shore, and we are, therefore, of opinion that there is nothing in the arrangement as recited in the proclamation which would render the establishment of such depôts or the formation of naval establishment on shore a breach thereof.
The Earl Russell,
&c. &c. &c.
We have, &c. (Signed)
J. D. HARDING.
WM. ATHERTON. ROUNDELL PALMER.
o 16978-34.
25.-2/86.
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