Colonial Despatches

You were informed by my Despatch No. 101 of the 20th December that I should communicate with you again on the question how far under International Law the United States are now bound by the Treaty between Great Britain and Russia of 1825.

I have now to inform you that I am advised that the United States are bound by the recitals from the convention of 1825 which are incorporated into the Treaty of Cession as far as the Geographical limits of the ceded Territory are concerned. Those recitals, although they do not constitute any direct Treaty engagementbetween between Great Britain and the United States, make Articles III and IV of the Convention, evidence against the United States that Great Britain has an established title to the line of demarcation described in those Articles: but as regards the other Articles of that Convention whereby certain points connected with the Commerce, Navigation and Fisheries of British and Russian Subjects were settled for their reciprocal convenience, none of the obligations contracted by Russia towards Great Britain under those Articles devolve upon the United States by virtue of the Treaty of Cession.

In my Despatch No. 101 already referred to, I also informed you that Her Majesty's Government considered that the United States Officers should receive facilities for passing their Cattle through British Columbia,but but I take this opportunity of cautioning you that such passage of Cattle should not be made the pretext for sending backwards and forwards bodies of armed men as escorts. The habit of it once commenced might be found equally difficult to stop and dangerous to permit.