he free aud open, for the term of ten years from that date, to all vessels, citizens, and subject, of the te powers, without prejudice we the claims of either party er of any other State."
By a convention with Spain of February 2h 1819, the United States avijuirest all the right=, claims, aul pretentions, of that power to all the Northweret Coust bying north of the 42d parallel of latitude. The clainis of Spain appear te have rested on price diseorrry, ae tar as the fifty-ninth dexree north, So far, then, as prior discovery cin constitute a foundation of right, the Northwest Coaet as far as the 3th degree north helongs tothe United States by the transfer of the right-of Spain.
(Great Britain hae no establishment or posession on any part of the Northwest Coast. She bax, therefore, ne right, elim, or pretension to any portion therend, except snieh as may result from the convention with Spain coneladed Cetober 2s, 1790, Tris, then, evident that her claim is conenrrent with those of the United States, aml can only reach to whatever point these last may be cousidereal taextend,
Tt appear, then, that Resa ant England can not umke a definite arrangement without the participation of the United States, or at least going to their exelnsion, Any azreement which these two powers may make will be binding npon themselves, hut can not effect the right: of a third power?
The outeome of the separate neyvotittion between Russia and the United States was the treaty signed 5 17 April, Isz4, which provided (Article 111) that * Tt is moreover agreed that. hereafter, there shall not be formed by the citizens of the United States. or muder the authority of the said States, any estublishivent ipon the Northwest const of America, nor in any of the islands adjacent, to the north of Fitty-tour deqrvece and forty wiinates of north latitude; ynd that. in the sume manner, there shall he none formed hy Russian subjeets. ov under the authority of Russia, south of the sume paridlel.~
The onteome of the sepamte negotiation hetween Russia and Great Britain was the Treaty signed February 16 28, Is2h. which provided in Art. ITE. that the line should commence at the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 34 degrees $0 wlvntes, north latitude. It thus appears that in the respective treaties the parallel of 44° 40° was the common line of demareation separating the jurisdiction of Russia on the south from that of Great Britain and the United States. In a note written on the very day the treaty between Russia and the United States was signed. April 5 17, 1824, Count Nesselrode wrote to Count Lieven. concerning the southern line to be settled with Great Britsin as follows:
Tn order not tocut Prince of Wales island, whiel. according to this arningentent, wonld remain to Russia, we proposed to carry the southern frontier af cur domains
U.S.C), App., pp. 81-82.