To:     President George Bush

        The America Cruiser Belknap

        Off the Coast of Malta

 

        President Mikhail S. Gorbachev

        The Soviet Cruiser Slava

        Off the Coast of Malta

 

 

 

From:   Irvin Brink, Chairman

        Kasigluk Elders Conference

        Kasigluk, Alaska 99609‑9998

 

 

 

Re:     Termination of the Strategic 

        Trusteeship: Free Association 

        for the Republic of the Inuit 

        States of the Arctic (ie Inuit

        States ie Siberian Yupik, Central

        Yupik, Alutiiq or Pacific Gulf Yupik,

        Kalaallisit, Inultut, Inuktitut

        Invialuktun and Inupiaq.

 

Date:   November 30, 1989

 

Honorable Sirs:

 

                  The prior legal status of the territory of the

Inupiaq, Yupik, Kalaalisit and Inuit remain in force of its possession and control. The sovereignty claims of the United States and the Soviet Union under the foundation of International Law cannot be maintained by acts of Discovery, Occupation, Conquest,Cession, Accretion, Assimilation and Prescription while Inupiaq, Yupik, Inuit and Kalaallisit law remain and are enforced.

 

 

        The history of Russian occupation provides the geographical limits of the company's activities and thereby of Russian Sovereignty defined at 51 degrees North Latitude in the charter of 1821, were changed by the convention between Russia and the United States of April 17, 1824, and Russia and Great Britain of February 28, 1825.

 

        With the foundation for the Monroe Doctrine in place on

December 2,1823, which led to diplomatic negotiations, resulted in the convention of Russia and the United States of April 17, 1824 and with Great Britain of February 28, 1825.

 

        The provisions of the Russian Company's charters were included in the Official Codes of Law of the Russian Empire (Svod Zakonov) and thus must be considered as Russian Law in force in Alaska at the time of its cession.

 

        The provisions of the Charter of 1844 dealing with the Natives are of special importance in view of the clause of Article 3 of the US Treaty of Cession of Alaska.   Article 3 of the Treaty of March 30,1867 (15 Stat. 592) promised to the inhabitants of Alaska, "all the rights, privileges and immunities of citizens of the United States.(United States V. Berrigan (2 Alaska Report 445).

 

        The Yupik Elders at the Kasigluk  Elders Conference of April 14,15,16,1988, debated shamelessly over the US Treaty of 1824 with Russia and the US Treaty of Cession of Alaska, March 30. 1867 (15 Stat. 592) and confirmed that Mr Kostlivtsev,Sec. of Russian Finance, pursuant to the communication by the Hon. W.H.Seward, Secretary of State, Aug. 7, 1867, to Mr. C.M. Clay, America Envoy  near the Imperial Court, confirms that Russia cannot perfect and give to the United States better title to land which itself does not own. Furthermore, that the Treaty of Cession of Alaska was acquisition of the Russian Company and that the Russian claims were for the pursuit of commerce, whaling and fishing and not Sovereignty.

 

        Therefore the Convention between Russia and the United States of April 17, 1824 and between Russia and Great Britain of April 28, 1825 and Article 3 of  the Treaty of Cession, March 30,1867 (15 Stat.592) which promised "all rights, privileges and immunities of the citizens of the United States" and reinforced by the United States Constitution which affirms that " All Treaties shall be the Supreme Law of the Land.

 

        For most of United States history the issue of neutrality has played a prominent role in shaping the nations foreign policy. The passage of the Neutrality Act of 1794 was enacted in order to protect United States independence and sovereignty,as well as Congress" power to declare war.

 

        In its present form the statute provides inter alia,

that,"Whoever, within the United States, knowingly begins or sets on foot,or provides,or prepares a means for or furnishes the money for,or takes part in any military or naval expedition,or enterprises to be carried on from thence against the territory or dominion of any foreign prince, or state, of any colony, district or people with the United States is at peace, shall be fined not more than $3,000 or imprisoned not more than three years or both. 

        When the Allies signed a Declaration on Liberated Europe endorsing  " the right of all peoples to choose the form of government under which they live through democratic means and free elections", the foundations for peace was established by Roosevelt, Stalin and Churchill.

 

        Perhaps the most difficult lesson for Presidents Bush and

Mikhail S. Gorbachev to learn from Yalta and Malta is a quote from Winston Churchill at the Yalta Conference of 1945,"No more let us falter."

 

        The Kasigluk Elders Conference  encourages Presidents Bush and Gorbachev,in the spirit of Perestroika,for their transmittal to the United Nations' Security Council for Articles of Free Association for the Republic of the Inuit States of the Arctic to be sponsored by USSR and the USA. The Elders further request USSR and the USA to exercise peaceful coexistence and involved respect for Inuit Sovereignty,nonaggression, noninterference in internal affairs, ,equality of Inuit States, demilitarization, and a  complete Nuclear Free Zone for the

Inuit States of the Arctic.

 

         This peaceful coexistence as Mikhail S. Gorbachev stated "Changed into a condition for the survival of all humanity".

 

        Just as the Nazi threat forced the USSR and the USA to unite during World War II, today, the Nuclear Threat forces the USSR and the USA to work together to avert war.

 

        What is new is that the USSR and the USA can lead the world to the idea that the primacy of International Law in International peaceful coexistence of the Inuit of the Arctic for the maintenance of the longest coexistence without war known to mankind.

 

        Therefore the USSR and the USA shall implement the UN Charter pursuant to article 83;"The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security  considerations, avail itself of the assistance of the Trusteeship Council to perform these functions of the United Nations under the trusteeship system relating to political, economic, social and educational matters in strategic areas."

 

        This should end trusteeship agreements for the Japanese Mandated Islands  approved by the UN Security Council on April 2, 1947 and by the United States on July 18, 1947 and entered into force on July 18,1947 as 61 Stat 3301 T.I.A.S. No.1665,8 U.N.T.S. 189,1947 [hereinafter cited as Trusteeship Agreement.]

 

        The Inuit struggle is beyond the East/West ideology and is a struggle for civilization of its peoples and their right of independence and we ask; "Who are these Russians and Americans to question Inuit Right to independence.