Hon. William H. Seward, Secretary of State, Washington, D. C.
[Translation.]
Mr. Westmann to Mr. Clay
The undersigned, acting minister of foreign affairs, in referring to
the note which General Clay, envoy extraordinary and minister
plenipotentiary of the United States of America, was pleased to
addres to the chancellor of the empire, dated the 4–16th of March
ultimo, has the honor to inform him that he has been put in
possession of advices which, according to the desire of the federal
government, the imperial cabinet hastened to ask of the minister of
marine concerning the incident occurring in the Sea of Okhotsk,
between an American whaler and a ship of the imperial navy. These
are the circumstances: The schooner Aleout, under the command of
Lieutenant Etoline, had been sent in commission from Nikolaievsk to
Oudrk. The abundance of floating ice having forced him to enter into
the Gulf of Tougoursh, he there met, the 14th of July, at about 20
miles to the south of the Straits of Chautusk, near the eastern
coast, the American whaler Java, occupied in rendering the oil of a
captured whale. Considering
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that foreign whalers are forbidden by the laws in force to fish
in the Russian gulfs and bays at a distance less than three miles
from the shore, where the right of fishing is exclusively reserved
to Russian subjects, Lieutenant Etoline warned (invito) the captain of the Java, to “bear off” from the
Gulf of Tougoursh, which he at once did. The same day, the Aleout
made for the Bay of Mawgau, where arrived, on the next day, the
American whale-schooner Caroline Foot, whose captain, accompanied by
the captain of the Java, called on Lieutenant Etoline, and declared
that he had no right to prevent them from fishing for whales
wherever they liked. Lieutenant Etoline replied that there were in
that respect established rules, (régles,) and
if they insisted, absolutely, upon breaking them, that he would be
compelled to prevent them. The captain of the schooner Caroline Foot
pretending (ayant pretendee) that he had
entered into the Bay of Tougoursh in consequence of “deviations from
his course,” Lieutenant Etoline offered, at once, all assistance in
his power, and, upon request, delivered him seven poods of biscuit
from the stores of the Aleout. After which the two ships again went
to sea. The 19th of July, that is, four days afterwards, the
schooner Aleout met a whale, upon which the commander caused a trial
fire to be made. At the same moment was seen, at about 16 miles’
distance, a sail, name unknown, and nearer, three “chaloupes,” the
nearest of which was at least three miles in advance in the
direction of the cannon fire. In the evening all these ships had
disappeared. That incident is registered in the books of the Aleout
in the following terms: “The 19th of July, at nine in the evening,
at anchor in the Bay of Mawgaus, fired a cannon shot for practice at
a whale afloat.” From these facts General Clay will be convinced
that the incident alluded to has been exaggerated, and even
perverted, (de naturé,) much in order to be
represented as a cause of grievance against the commander of the
Aleout on the part of the American whalers. In consequence of the
conversation which had occurred between them, of the pretensions of
the captain of the Java to fish wherever he pleased, and the
necessity in which Lieutenant Etoline was placed to remind him of
the laws which related to the right of fishing in the territorial
waters of a foreign state, it is possible that the commander of the
Java had really taken for a menace directed against him the fire of
the experimental shot from the Aleout. But it is incontestable that
the commander of the Aleout was acting in his right when he reminded
the Americans of the laws in vigor, and his obligations to cause
them to respect them. He certainly has not transcended the limits of
his rights in firing, four days afterwards, a trial shot upon a
floating whale in Russian waters.
He had no intention by that of giving the American whalers a warning,
(avertissement,) useless because they
were out of difficulty, and since the distance which separated the
Aleout from the ships and the “chaloupes” in view at the time
excluded all such intentions. Lieutenant Etoline had taken in their
behalf proceedings conformable to the good relations between the two
countries, since he had offered them his assistance in repairing
their deviations from their course, and in providing them with
provisions. Finally, the commander of the Aleout has not thought it
necessary to inform the authorities of that incident, because it
appeared to him of no importance, (insignifiant,) and because on his part he was conscious of
not having transcended his rights, nor of having been wanting in his
duty.
The undersigned flatters himself with the hope that the federal
government, informed of these details, will consider the affair as
settled, (l’incident comme vidé.) He seizes
at the same time this occasion to renew to General Clay the
assurances of his most distinguished consideration.
WESTMANN.
St. Petersburg,
July 31, 1868.
Mr. Clay to Mr. Westmann
Legation of the United States,
St. Petersburg,
August 2–14,
1868.
The undersigned has the honor to acknowledge the receipt of note No.
2530 of his excellency, M. de Westmann, acting minister of foreign
affairs, &c., dated July 31, ultimo, 1868, O. S., in reference
to the affair in the Sea of Okhotsk, which he will hasten to lay
before his government.
Whilst the United States are justly jealous of all their maritime
rights, the American minister believes that his government, having
had many signal proofs of the friendly sentiments of his imperial
Majesty’s navy, will be slow to believe that they or any portion of
his imperial Majesty’s subjects would designedly invade them.
The minister of the United States begs to renew to his excellency,
the privy counsellor, assurance of his most distinguished
consideration.
