Mr. Sifton to Mr. Foster.

Sir: I have the honor, in reply to your communication of May 23, to inclose memorandum dealing with the requests made by you in the said communication.

I have the honor to be, sir, your obedient servant,

Clifford Sifton,
Agent for His Britannic Majesty.
[Inclosure.]

Memorandum respecting the request of the United States agent for copies of documents specified in British Case without annexing copies thereto.

[Inserted in the margin:] as to requests numbered 1, 2, 3, and 4.

The following from the records of the Hudson’s Bay Company comprises all the documentary evidence available to the British agent at present. The letters referred to from the Russian American Company are stated to be somewhere in the archives of the Hudson’s Bay Company, but as yet they have not been found. If copies are received, they will at once be forwarded to the United States agent.

The records of the Hudson’s Bay Company above referred to show the following:

1.
Agreement between Hudson’s Bay Company and Russian American Company, May 17, 1842.
2.
Extract from minutes of board of Hudson’s Bay Company, December 20, 1858, referring to offer of Russian American Company to extend lease to January 1, 1862.
3.
Extract from minutes of same board, January 10, 1859, approving offer and containing letter of acceptance.
4.
Letter from Thomas Fraser, secretary Hudson’s Bay Company, November 25, 1862, to board of directors of Russian American Company, requesting renewal of lease to June 1, 1864 or 1865.
5.
Extract from a letter from the same to the same, March 24, 1863, acknowledging receipt of letter extending lease to June, 1865.
6.
Extract from a letter from the same to the same, May 3, 1865, acknowledging receipt of Admiral Tebankoff’s letter and accepting extension of lease till June 1, 1866.
7.
Extract from minutes of board, May 22, 1866, when letter of Russian American Company, May 4/16, 1866, referred to governor and deputy governor.
8.
Extract from minutes of board May 29, 1866, that extended lease for one year more.
9.
Letter May 24, 1866, by T. Fraser, secretary of Hudson’s Bay Company to Russian American Company accepting renewal of lease till June, 1867.
10.
Extract from a letter, January 25, 1867, the same to the same, offering to renew the lease for three years from June, 1867.
11.
Letter from Admiral Tebankoff, April 28, May 20, 1867, to Hudson’s Bay Company, notifying the company of the cession of Russian America to the United States, and of the inability of the Russian American Company to carry out its conditional agreement of 1/13 February, 1867, and requesting that the term of the lease be considered as ending with the date of the actual transmission of Russian America.
12.
Extract from minutes of board of Hudson’s Bay Company, May 21, 1867, where letter April 18/10 May, 1867, from Russian American Company is read, and ordered that they be informed that lease must terminate May 31.
13.
Extract from letter from W. G. Smith, secretary, May 22, 1867, to board of Russian American Company, terminating the lease on May 31, 1867.

Agreement between Hudson’s Bay Company and Russian American Company.

In order to remove certain ambiguities which appear to exist in the agreement entered into by Sir George Simpson, acting on behalf of the Hudson’s Bay Company, and Baron Wrangel, under date 6th February, 1839, and with a view to guard against any difficulty that might arise in the construction of the terms of that agreement, it is further agreed by Sir George Simpson, governor in chief of Rupert’s Land, acting on behalf of the Hudson’s Bay Company, and Captain Etolin, of the Russian Imperial Navy, governor of the Russian American colonies, acting on behalf of the Russian American Company:

1st. That from and after the 1st June proximo all sea otter skins that may be traded by the agents, officers, or servants of the Hudson’s Bay Company from Indians or others, that can by possibility be ascertained to have been killed or hunted to the northward of latitude 54° 110′ [sic], whether received at Fort Simpson or elsewhere, shall be delivered over to the Russian American Company, and that all land furs of any description that may be traded by the agents, officers, or servants of the Russian American Company to the southward of Cape Spencer, whether the produce of the islands or of the mainland, shall be delivered over to the Hudson’s Bay Company.

2nd. That in order to simplify and facilitate the adjustment of the account, the following tariff be adopted, by which the account will be made up in blankets of 3½ points, best quality, which are substituted for blankets of 3 points, in consequence of the usual gratuity in liquor being discontinued; and, on the interchange of furs, the balance due on either side shall be paid in the article of 3 point blanket, instead of making a money account of it, which can not conveniently be agreed upon.

The tariff as follows:

[Page 518]
1 large sea otter 7 blankets, 3½ pts. best quality.
1 half sized “ 3
1 cub “ ½
1 large beaver “ 1
1 middling beaver
1 small “ ½
1 land otter, large 1
1 middling otter blankets, 3½ pits, best quality.
1 small “ ½
1 large silver fox 2
1 small “ “ 1
1 large cross fox 1
1 smail “ “ ½
1 large red fox ½
6 seasoned martens 1
2 lynxes, large 1
3 “ middling 1
5 “ small 1
1 black bear, large 1
1 “ “ middling
1 “ “ small ½
1 brown bear, large ½
1 “ “ middling

Foxes, martens, and lynxes to be received at the prices affixed to each, whether made up into robes or not, and all cubs, unseasoned skins, minks, muskrats, and others not enumerated to be paid for at proportionate prices to the more valuable furs.

Previous to the discontinuation of liquor it was usual with the Russian American Company to consider best 3 points blankets as the standard in all dealings with Indians, giving therewith a gratuity of rum, but now that article is interdicted in trade the 3½ point blanket, best quality, is substituted as a standard.

This tariff to be adopted in the settlement of account on the interchange of furs between the Hudson’s Bay Company and the Russian American Company, but it is not necessary it should be adopted by either party in their dealings with Indians, and this tariff may be altered or modified from time to time as the Hudson’s Bay Company and Russian American Company may hereafter find expedient.

3rd. That this agreemeent shall take effect and be acted upon from and after the 31st May, 1842, new style, and that it shall be understood to supercede and annul the agreement entered into by Mr. F. Douglas, acting on behalf of the Hudson’s Bay Company, and Captain Kooprianoff, acting on behalf of the Russian American Company, in the month of May, 1842, but not executed by the contracting parties, although since acted on.


(Signed)
George Simpson
, [l.s.]
(Signed)
A. Etholine
. [l.s.]

Extracts from minutes of board of Hudson’s Bay Company, December 20, 1858, referring to offer of Russian American Company to extend lease to June 1, 1862.

Read a letter from the Russian American Company dated St. Petersburgh, 27 November, 9 December, 1858, in which they offer to renew the lease of their territory to the Hudson’s Bay Company till January 1, 1862, on the same terms as before, but excepting from the lease the sale and export of ice, coals, timber, and salt fish.

Ordered that the question be postponed for further consideration.

Extract from minutes of board, January 10, 1859, approving offer and containing letter of acceptance.

The answer of the governor under date the 28th December, 1858, to the letter of the Russian-American Company of 27 November, 9 December, 1858, was read and approved of.

Copy of answer referred to—

The Directors of the Russian-American Company, St. Petersburgh. Hudson’s Bay House, London, 28 December, 1858.

Gentlemen: I have the pleasure of acknowledging the receipt of Governor Etholin’s letter, addressed to the directors of the Hudson’s Bay Company, dated St. Petersburgh, 27 November, 9 December, 1858, on the subject of the renewal of the lease of the territory on the northwest coast of America in which he proposes to prolong the said lease to the 1st January, 1862, on the same terms as the present lease, with the [Page 519] exception of the privilege at present possessed by the Hudson’s Bay Company, to export rice, coal, timber, and salt fish from the territory in question.

On the part of the Hudson’s Bay Company I beg to state that, notwithstanding this very important exception, I am willing to renew the lease on the same terms as to rent, as my colleagues are desirous that the good understanding that has so long subsisted between the companies should continue. At the same time I feel bound to state that we have serious apprehensions that the captains of vessels coming from San Francisco for ice or timber may interfere with the fur trade, and we confidently look to your directors to take all the necessary precautions to prevent such interference, reserving to this company the right, should such interference be proved, of at once determining the contract.

I have the honor to be, gentlemen, your most obedient servant,

(Signed)
H. H. Berens, Governor.

Letter from Thomas Eraser, secretary Hudson’s Bay Company, November 25, 1862, to board of directors of Russian-American Company, requesting renewal of lease to 1 June, 1864 or 1865.

Gentlemen: When I had the honor of addressing you on 11 July last I informed you that the governor and committee of the Hudson’s Bay Company, owing to the unfavorable reports received from the officers in charge of their establishments on the northwest coast of America of the results of the trade for the last two years, and the still more disheartening prospects as to the future, had found themselves under the necessity of giving you notice of their intention to terminate the relations which have so long existed between them and your honorable company by relinquishing the lease of the territory which they held under you.

Since then the company have received advices from their agents which state that, notwithstanding the discouraging account which they have had to transmit, they think that in the present state of transition through which the whole of that region is passing it would be premature on the part of the company to relinquish the trade without a further trial.

They consequently suggest that the board should apply to your company for a renewal of the lease for a limited term.

In the circumstances I am directed by the governor and committee to inquire if it would suit the views of your honorable board to extend the lease of the territory on the same terms as at present for one or two years, say, to 1 June, 1864, or 1 June, 1865.

Extract from a letter from the same to the same, March 24, 1863, acknowledging receipt of letter extending lease till June, 1865.

I am directed by the governor and committee to acknowledge the receipt of your letter of 25 February, 8 March, 1863, in which you inform them that, having obtained the authority of His Majesty the Emperor to extend the lease of the Stakine territory, at present rented from you by this company, you have determined that, in compliance with the application of this company, you shall extend the lease of the territory in question for two additional years—that is to say, until the 1st day of June, 1865.

I am directed to add that no time has been lost in communicating the new arrangement to the officers of the Hudson’s Bay Company on the northwest coast of America, with a recommendation that they should in every occasion which offers endeavor to preserve your interests in that quarter from infringement.

Extract from a letter from the same to the same, May 3, 1865, acknowledging receipt of Admiral Tebankoff’s letter and accepting extension of lease till June 1, 1866.

I am directed by the governor and committee to acknowledge the receipt of Admiral Tebankoff’s letter of the 10th and 20th ultimo, declining the offer made by this company of £2,000 per annum for the trade of both the mainland and islands of the Stikine territory, but offering to continue the present existing lease of the mainland as now held by this company for an additional year—that is to say, till 1 June, 1866.

[Page 520]

In reply I am directed to inform you that the governor and committee have determined to accept your offer, and it is hereby accepted accordingly on the same terms as at present.

Information will be sent forthwith to the board of management of the Hudson’s Bay Company at Victoria of your present offer and of its acceptance by the governor and committee.

Extract from minutes of board, May 22, 1866, when letter of Russian-American Company, May 4/16, 1866, referred to governor and deputy governor.

Read a letter from the Russian-American Company, dated St. Petersburg, May 4/16, 1866, which was referred to the governor and deputy governor.

Extract from minutes of board, May 29, 1866, that extended lease for one year more.

The governor and deputy governor reported that the lease of the Russian-American territory had been renewed for one year more at the former terms—which was approved.

Letter May 24, 1866, by T. Fraser, secretary of the Hudson’s Bay Company, to the Russian-American Company, accepting renewal of lease till June, 1867.

I am directed by the governor and committee to acknowledge the receipt of your letter of the 4/16 May, and in reply to inform you that they accept your offer to continue the lease of the Stikine territory for one year from the termination of the present lease—namely, till June, 1867.

The board of management at Victoria will be informed by next post that the lease is renewed.

Extract from a letter, January 25th, 1867, the same to the same, offering to renew the lease for three years from June, 1867.

In my letter of 24 May, 1866, I informed you that the Hudson’s Bay Company accepted the offer conveyed in your letter of the 4/16 of that month to continue the lease of the Stikine territory for one year from the termination of the lease—namely, till June, 1867.

It appears to the governor and committee of this company that the uncertainty as to whether their tenure of the territory is to be continued beyond that period or to be brought to a close is inconvenient to both companies, and that it is desirable that the tenure should be put upon a more distinct footing.

They desire me therefore to state that if agreeable to you they are willing to continue the lease of the territory for the three years from the termination of the present lease—namely, from June, 1867—on the present terms, it being understood that either party is at liberty to terminate the lease upon the expiry of that period on giving twelve months’ notice to the other.

Letter from Admiral Tebennoff April 28, May 20, 1867, to Hudson’s Bay Company notifying the company of the cession of Russian American to the United States, and of the inability of the Russian America Company to carry out its conditional agreement of 1/13 February, 1867, and requesting that the term of the lease be considered as ending with the date of the actual transmission of Russian America.

The governor and committee of the Hudson’s Bay Company.

Gentlemen: In consequence of a just received official advise stating the cession of the Russian territory in America by the Imperial Government to the Government of [Page 521] the United States of America, the conditional agreement contained in our respects of the 1/13 February last, for the renewal of the lease of the Stackine territory cannot be sanctioned by our Government, and therefore we beg respectfully to request that the term of the above lease be considered expired on the day of the actual transmission of our colonies, which we presume will be effected in the course of this year, and you will oblige us by giving proper instructions thereupon to your board of management on the NW. coast of America. On our part we have forwarded such instructions to our colonial authorities.

We have the honor to be, gentlemen, your obedient servants,

(Signed)
Tebennoff.

Extract from minutes of board of Hudson’s Bay Company, May 21, 1867, where letter, April 18–10 May, 1867, from Russian American Company is read and ordered that they be informed that lease must terminate May 31.

Read a letter from the Russian American Company, dated St. Petersburg, April 18–10 May, 1867.

Ordered that they be informed that the occupation of the Stikine country by this company, and their liability under the lease must cease on 31 May.

Extract from letter from W. G. Smith, secretary, May 22, 1867, to board, of Russian American Company, terminating the lease on May 31, 1867.

I have the honor to acknowlege the receipt of your letter of April 28, May 10, addressed to the governor and committee of the Hudson’s Bay Company announcing that, in consequence of an official intimation by the Imperial Government of the cession of the Russian territory in America to the Government of the United States, the conditional agreement made with this company in February last, for the renewal of the lease of the Stikine territory for three years from 31 May, 1867, cannot be sanctioned by the Russian Government, and, therefore, you request that the lease may be considered at an end on the day of the actual transfer of your colonies.

In reply I am directed to inform you that the Hudson’s Bay Company, under the circumstances, cannot extend their occupation of the territory, and consequent liability for rent, beyond 31 May current, when the lease expires by agreement, and I have given the necessary instructions to that effect to the company’s board of management at Victoria, Vancouver’s Island. [Inserted in the margin:] As to request numbered 5.

There is no absolute evidence as to what the certain information and suggestions referred to in letter Canning to Bagot, June 20th, 1824, are, but it is believed that it refers to the letter printed immediately above, Appendix to British case, page 65, in the form of a letter from Mr. Pelley, to Mr. Secretary Canning. The Faden map referred to in this letter has not been found, although diligent search has been made for it. The only Faden maps of the period that can be found are reproduced pages 10 and 11, British Atlas Appendix, Vol. II. [Inserted in the margin:] As to request numbered 6.

The tracing of the Admiralty chart asked for is not in the possession of the British agent. The records do not show that any copy of it was kept. [Inserted in the margin:] As to request numbered 7.

The tracing of Begbie’s sketch is reproduced upon page 215 of the Appendix to the British case, Vol. I. Begbie’s sketch was transmitted by Mr. Justice Crease to the minister of justice, as shown by the report of the minister of justice, paragraph 44, page 212, Appendix to British case, Vol. I. A certified copy of it was prepared by Dennis, surveyor-general, for the minister of justice, and is reproduced, as stated above, page 215. [Inserted in the margin:] As to request numbered 8.

Letter copied above.