HEAD A.-The User, up to the year 1821, of the Waters of Behring Sea and other Waters of the North Pacific.

It is shown in the following series of historical notes, chronologically arranged, that the waters subsequently included in the claim made by Russia under the Ukase of 1821, had been freely navigated over, and frequented for purposes of trade and for other purposes, by ships of various nations, from the earliest times. Further, that the discovery and exploration of these waters and the coasts and islands washed by them, was largely due to the navigators of various nations, and in particular to those of Great Britain.

AREA TO BE CONSIDERED.

The waters affected by the Russian Ukases of 1799 and 1821* include not only the entire area of Behring Sea (though that sea is not specifically mentioned by any name in either Ukase), but also other parts of the Pacific Ocean, and in considering the nature of the user of the waters now in question, the entire area affected by the Ukase of 1821 is included, the facts relating to all parts of this area being of equal significance.

It will be noted in this connection that the limit claimed under the Ukase extended southward to the 51st parallel of north latitude on the American coast; and that, therefore, any events occurring to the north of 54° 40', which is the southernmost point of the territory now known as Alaska, are well within this limit.

"PACIFIC OCEAN."

The Pacific Ocean as a whole, was, in the last century and in the earlier part of the present century, variously named the Pacific, or Great Ocean or South Sea, the last name arising from the circumstance that it had been reached by sailing southward round the Cape of Good Hope or Cape Horn.

"BEHRING SEA."

Behring Sea is, and was at the time of the negotiations which arose immediately on the promulgation of the Ukase of 1821, recognized by geographers as a part of the Pacific Ocean. The name by which it is now known is that of the navigator Behring, but in earlier times it was often named the Sea of Kamtchatka.

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DESCRIPTION OF BEHRING SEA.

The sea washes the northern parts of the coasts of North America and of Asia, and is regarded as extending from Behring Strait on the north to the Aleutian and Commander Islands on the south. Its area is at least twothirds of that of the Mediterranean, and more than twice

*The text of the Ukase of 1799 will be found at p. 25 of this Case; that of the Ukase of 1821 at p. 37.

that of the North Sea, while its extreme width is 1,260 miles. From north to south it extends over about 14° of latitude, or more than 800 miles.

From the south it is approached by numerous open seaways, one of which is 175 miles wide, another 95 miles, five more from 55 to 22 miles, and very many of smaller width. On the north, it communicates with the Arctic Ocean by Behring Strait, 48 miles in width.

Behring Sea is the common highway to the Arctic Ocean with its valuable fisheries. It is Great Britain's highway to her possessions in the north via the Yukon River (of Treaty of Wash which the free navigation is guaranteed by Treaty), as well ington, May 8, 1871, Article as the route for such communication as may be held or attempted with the northern parts of the coasts of North America to the east of Alaska, and with the estuary of the great Mackenzie River.

XXVI.

HISTORICAL OUTLINE.

In 1728 and 1729, Behring, in his first expedition, outBancroft, His lined, somewhat vaguely, the Asiatic coast of Behring Sea, and practically proved the separation of the Asiatic and American continents.

tory of Alaska. p. 37.*

Ibid., pp. 63-74.

Alaska, p. 141.

Ibid., pp. 157, 158.

Ibid., p. 174.

Ibid., pp. 194

197.

Ibid., p. 197.

In 1741, Behring's second expedition, which sailed from Okhotsk, resulted in the discovery of the American coast. Unsatisfactory as the voyages of Behring and his associate Chirikof undoubtedly were from a geographical point of view, it was upon their results that Russia chiefly based her subsequent pretensions to the ownership of the north-western part of North America. Hunters and traders followed Behring's lead, and Behring Island, and various islands of the Aleutian chain, were visited from the Kamtchatkan coast.

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In 1763, Glottof, on a trading voyage, ventured as far east as Kadiak Island.

In 1764 to 1768, Synd, a Lieutenant of the Russian navy, made an expedition along the coast to Behring Strait.

Of the period from 1769 to 1779, Bancroft writes in his History of Alaska:

From this time to the visit of Captain Cook, single traders and small Companies continued the traffic with the islands in much the same manner as before, though a general tendency to consolidation was perceptible.

The extension of Russian influence did not pass unnoticed by Spain, and in 1774 Perez was dispatched from Mexico on a voyage of exploration, in which he reached the southern part of Alaska.

In 1775, Heceta, also instructed by the Viceroy of Mexico, explored the coast of America as far north as the 57th or 58th degree of latitude, taking possession of that part of the continent in the name of Spain.

*This work will be referred to throughout these pages by the short title of "Alaska."

For the period discussed in this Chapter reference may be made generally to "Lyman's Diplomacy of the United States," 2nd edition, Boston, 1828, vol. ii, chapter II.

In 1778, Captain Cook, sent by the English Government, Cook, Voyage reached the American coast of the North Pacific with two Ocean, 1776-1780, vessels.

In pursuance of his instructions, he explored the coast from about 44° of north latitude as far as the region of Prince William Sound and Cook River or Inlet, taking possession of the coasts there. At Cook Inlet he found evidence of Russian trade but no Russians. At Unalaska, one of the Aleutian Islands, he again heard of the Rus sians, and on the occasion of a second visit met Russian traders. From Unalaska he sailed eastward to Bristol Bay, landing and taking possession. From this he explored, and defined the position of the American coast northward as far as Iey Cape, beyond Behring Strait.

Cook was killed in the following winter at the Sandwich Islands, but his ships, under Clarke, returned in 1779 and made further explorations in Behring Sea and in the Arctic Ocean.

Under this expedition, and for the first time, the 16 main outlines of the north-western part of the Continent of America, and particularly those of the coast about Prince William Sound and Cook Inlet, with the eastern coast of Behring Sea, were correctly traced.

This expedition also opened up the trade by sea in furs from the north-western part of America to China.

Cook's surveys still remain in many cases the most authentic; and these, with other results of the expedition were published in full in 1784.

to the Pacific

London, 1874.

In 1779, another officially accredited Spanish expedition Alaska, pp. under Arteaga and Quadra, explored part of the coast 217-221. northward from about latitude 55°, and westward to Mount

St. Elias.

In 1783, the first attempt was made, following Cook's Ibid., p. 186. discoveries, to establish a Russian trading post on the American mainland, at Prince William Sound. It ended disastrously.

Ibid., p. 191.

For some years after this reverse only one small vessel was dispatched from Siberia for trading purposes; but in 1784, Shelikof visited Unalaska and reached Kadiak Island, Ibid., p. 224. with the intention of effecting a permanent occupation there.

tory of the North

In 1785, Captain Hanna entered into the trade between Bancroft, Histhe north-west coast of America and China, for which west Coast, Vol. Captain Cook's expedition had shown the way. He made I, pp. 173, 174.* a second voyage in the following year, but appears to have confined bis trading operations to the vicinity of the northern part of Vancouver Island. Other commercial adventurers were, however, practically contemporaneous with Hanna, and this year is an important one in connection with the whole region.

The "Captain Cook" and "Experiment," from Bombay, traded at Nootka and at Prince William Sound. An English vessel, the "Lark," Captain Peters, from

Alaska, p. 243.

Sauer's account of Billing's expedition, London,

* This work will be referred to throughout these pages by the short 1802, pp. 279, 281. title of "North-west Coast."

A Voyage

&c., London, 1789.

Bengal viâ Malacca and Canton, after trading at Petro
paulovsk in Kamtchatka, sailed for Copper Island with
the supposed purpose, as alleged, of obtaining a cargo of
copper there.
She was wrecked on the Commander

Islands.

17

In the same year, 1786, Portlock and Dixon, and Meares, arrived upon the American coast, and traded and explored far to the northward. These voyages are important, because detailed accounts of both were published, in 1789 and 1790 respectively, while the voyages of other traders have generally not been recorded.

Portlock and Dixon, who had sailed from London in round the World, 1785 in the "King George" and "Queen Charlotte,” in 1786, first visited Cook Inlet, where they found a party of Russians encamped, but with no fixed establishment. Trade was carried on with the natives there, and subsequently at various other places on what is now the Alaskan coast, and several harbc irs were surveyed. In the following year, Portlock and Dixon returned to the vicinity of Prince William Sound, where they found Meares, who had spent the previous winter there. They subsequently called at a number of places on the Alaskan coast, as well as at ports now included in the coast line of British Columbia, making very substantial additions to geographical knowledge.

ages, 1790. See also,

vol. xxxii, p. 287

Meares' Voy. Meares sailing from Bengal in the "Nootka" early in Annual the year, reached the Islands of Atka and Amlia of the 1790 Aleutian chain, staying two days at the last-named island, and holding communication with the natives and Russians found there. He then proceeded eastward along the Aleutian Islands, and was piloted into Unalaska by a Russian who came off to the ship. He describes the Russian establishment as consisting of underground huts like those occupied by the natives; but being anxious to leave the vicinity of the Russian traders, he continued his voyage eastward to Cook Inlet and eventually wintered in Prince William Sound, as above stated.

Alaska, p. 255.

Meares' later voyage, in 1788 and 1789, which is better known than his first venture, was directed to that part of the coast lying to the southward of the limits afterwards included by the Ukase of 1799. In 1788, Meares built at Nootka, in the northern part of Vancouver Island, the first vessel ever constructed on the coast of the northwestern part of America. She was intended for use in the fur trade, and was appropriately named the "North-west America."

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Also in 1786, La Pérouse, on his voyage round the world, under instructions of the French Government, first made the American land near Mount St. Elias. Thence he sailed eastward and southward, calling at Alaska, p. 243. places on the Alaskan coast. At Lituya Bay he obtained in trade 1,000 sea otter skins.

Ibid., pp. 192193.

Ibid., pp. 270

272.

In the same year the Russian Pribyloff discovered the islands in Behring Sea, now known by his name.

In 1788, a Spanish expedition, in the vessels "Princesa" and "San Carlos," under Martinez and Haro, set out. It

visited Prince William Sound, but found no Russians. Haro, however, found a Russian colony at Three Saints, on Kadiak Island. This was the easternmost place which had at this time a permanent Russian settlement. The voyagers took possession of Unalaska for Spain, but afterwards found Russian traders on the island.

270.

In the same year, a Russian vessel explored Prince Wil- Ibid., pp. 267liam Sound, Yakutat, and Lituya Bays, all of which had previously been examined by English or French voyagers. In 1788, vessels from the United States first traded on the north-west coast.

Upon the conflict of interests at this time along this part of the American coast, and the rival claims to territory there, Bancroft makes the following remarks:

North-west Coast, vol. i, p.

185.

The events of 1787-'88 must have been puzzling to the natives of Alaska, p. 267. Prince William Sound. Englishmen under the English flag, Englishmen under the Portuguese flag, Spaniards and Russians, were cruizing about, often within a few miles of each other, taking possession, for one nation or the other of all the land in sight.

Referring to Billing's Russian scientific exploring expedition, by which several voyages were made from 1787 to to 1791 in the Behring Sea region, Bancroft says:

The geographical results may be set down at next to nothing, with the exception of the thorough surveys of Captain Bay in Illiuliuk Harbour on Unalaska Island. Every other part of the work had already been done by Cook.

The complaints of natives, against the practices of independent traders and adventurers, brought back by this expedition, had much to do with the subsequent grant of a monopoly of the trade to the Russian-American Com

19

pany.

Ibid., p. 296.

In 1789, twelve vessels at least are known to have North-west Coast, vol. i, pp. been trading on the north-west coast.*

The well-known "Nootka" seizures by the Spaniards occurred in this year.

204-212.

Ibid.,

., p. 325.

In 1790, Fidalgo sailed from Nootka, then occupied by Alaska, p. 273. Spain, to examine the north-west coast, including Prince William Sound, Cook Inlet, and Kadiak. The tradingvessel "Phoenix," Captain Moore, from the East Indies, was in Prince William Sound in this year.

At this time also, Russia and Sweden being at war, a Swedish cruizer visited the Aleutian Islands, but finding no Government establishment to attack, and no Russians except traders living "in abject misery," her Commander refrained from disturbing them.

In 1791, Malaspina, from Spain, under orders of his Government, visited several places upon what is now the Alaskan coast. Marchand, in the "Solide," from France, on a

*In many cases no records exist of the trading voyages made to the north-west coast, and the existing records are very incomplete. It is in some cases certainly known that these traders extended their operations to the north of the limit mentioned in the Ukase of 1799, or that of the Ukase of 1821. In other cases the extent of the voyages made is unknown. The traders went, in fact, wherever skins could be purchased, and, if disappointed or forestalled at one place, at once departed for another. None of these trading-vessels were Russian.

S. Ex. 177, pt. 4. -2

Ibid., p. 285.

Ibid., p. 274.

Ibid., p. 275.