APPENDIX TO CASE OF GREAT BEITAIN. 377 



maintained that the mere discovery of a coast gives a right to the 

 exclusive xjossession of a whole extensive continent to which it belongs, 

 and less to the seas that adjoin to a very considerable extent of dis- 

 tance. An undispnted exercise of sovereignty over a large tract of 

 such a continent and for a long tract of time would be requisite for 

 such purposes. I am too ignorant of particular facts to say how far 

 su(;h principles are justly applicable to such cases. I observe that by 

 these Eeguhitions the commerce in these islands, continents, and adjoin- 

 ing seas is declared to have been granted exclusively to Kussian sub- 

 jects; who the granter is, is not expressly declared. If, as is probable, 

 the Autocrat of Kussia is meant, the inquiry then reverts to the ques- 

 tion resi^ecting the foundation of such an authority, and thinking tliat 

 that question must be first disposed of, I content myself with observing 

 upon the Eegulations themselves that they are carried to an extent that 

 appears very unmeasured and insupportable. 



I have, &c. (Signed) Stowell. 



13 ^o. 6. 



Board of Trade to Foreign Office. — {Received January 7.) 



Office for Trade, London, January 7, 1822. 



Dear Sir: The inclosed seems to contain all the inforniation that 

 we can expect from the jiersons interested in the southern whale fishery; 

 but I will try and squeeze a little more out of them if I can. 



Pray let me have the inclosed back, as it is an original, or if you will 

 return it when you have read it, I will send you a copy to-morrow. 



Mr. Eobinson desired me to inform the parties that the point in ques- 

 tion was too high matter for this Committee to do anything in its Board 

 of Trade capacity. 



I am, &c. (Signed) Thos. Locb:. 



[Inclosure in No. 6.] 

 Messrs. S. EnderTyy ^ Son and Mr. TV. MeUisli to Board of Trade. 



Paul's Wharf, London, November £7, 18^1. 



My Lords: We most respectfully address your Lordships ou the subject of an 

 Ordiuauco or Ukase issued by the Emperor of Russia on the 9th October last. The 

 1st Article of that Ordinance in a sweeping way forbids all bnt subjects of Russia 

 from commencing a whale fishery from Behring's Straits to 51° north latitude on the 

 north-west coast of America as well as in the Aleutian Islands on the east coast of 

 Siberia and Kurile Islands, that is to say, from Behriug's Straits to the south Cape 

 in the Island Ooroop in 45- 51' north latitude. By this Article it appears that Brit- 

 ish ship-owners and merchants are forbidden from attempting to carry on any fishery 

 or branch of industry, under penalties, to the north of 51'-' north latitude on the 

 north west coast of America, or to the north of 45° 51' north latitude on the eastern 

 coasts of the North Pacific Ocean. 



The 2nd Article forbids all foreign vessels touching at the Russian Establishments 

 within the above stated limits, or even to approach them within a less distance than 

 100 Italian miles, the cargo to be forfeited, without it can be proved that the vessel 

 is in want of provisions or driven in by tempestuous weather. 



These two leadiug Articles in the Ordinance we consider as a declaration of war 

 against the commercial and fishiug of British merchants if their enterprize carries 

 their ships to the north of the limits laid down by Russia. One British ship of 500 

 tons employed in the whale fishery has recently been as far as 47^° north latitude on 

 the east coast, and ibund aperma ceUv. whalea so plenty that great numbers of vessels 

 will sail immediately after the Ist Januar/ if we receive the protection we earnestly 

 solict from our Government against this extraordinary Ordinance. Two British 



