378 APPENDIX TO CASE OF GREAT BRITAIN. 



ships near]y about the same time tliat the about sliip sailed for the coast of Japan 

 sailed for the whale fishery on tlie north-west coast of America we believe into 

 Behring's Straits. We are at present nnacqnalnted with their success. 



We have no doubt if we are protected in a fair trade (not with China) and fishery 

 in the North Pacific Ocean, that British enterprize will find some islands in that 

 great ocean which may have been overlooked by the Russians and Americans, who 

 are both attempting to shut the shipping of Great Britain out of that ocean by not 

 allowing us to have any friendly port to resort to. 



If Captain Parry is successful in eft'ecting a passage into the North Pacific Ocean 

 either through Behring's Straits or elsewhere, the Russian Ukase will prevent our 

 fishing in those Straits or making any nse of the discovery for commercial purposes. 

 Waiting your Lordship's directions for our future government, we have, &c. 



(Signed) Sam. ENDERnv & Son. 



AVlLLM. Mellish. 



14 No. 7. 



The Marquis of Londonderry to Count Lieven. 



Foreign Office, January 18, 1822. 



The Undersigned has the honour hereby to acknowledge the note, 

 addressed to him by Baron de Nicolai of the 12th November last, 

 covering- a copy of an Ukase issued by His Imperial Majesty the 

 Emperor of All the Knssias, and bearing date the 4th September, 

 1821, for various purposes, therein set forth, especially connected with 

 the territorial rights of his Crown on the north-western coast of 

 America, bordering upon the Pacific, and the commerce and navigation 

 of His Imperial Majesty's subjects in the seas adjacent thereto. 



This document, containing Regulations of great extent and impor- 

 tance, both in its territorial and maritime bearings, has been consid- 

 ered with the utmost attention, and with those favourable sentiments 

 which His Majesty's Government always bear towards the acts of a 

 State which His Majesty has the satisfaction to feel himself connected, 

 by the most intimate ties of friendship and alliance; and having been 

 referred for the reiwrt of those high legal authorities, whose duty it is 

 to advise His Majesty on such matters. 



The Undersigned is directed, till such friendly explanations can take 

 place between the two Governments as may obviate misunderstanding 

 upon so delicate and important a point, to make such provisional pro- 

 test against the enactments of the said Ukase as may fully serve to 

 save the rights of His Majesty's Crown, and may protect the persons 

 and properties of His Majesty's subjects fiom molestation in the exer- 

 cise of their lawful callings in that quarter of the globe. 



The Undersigned is commanded to acquaint Count Lieven that it 

 being the King's constant desire to respect, and cause to be respected 

 by his subjects in the fullest manner, the Emperor of Russia's just 

 rights. His Majesty will be ready to enter into amicable explanations 

 upon the interests affected by this instrument, in such manner as may 

 be most acceptable to His Imperial Majesty. 



In the meantime, ui^on the subject of this Ukase generally, an<l 

 especially upon the two main principles of claim laid down therein, viz., 

 an exclusive sovereignty alleged to belong to Russia over the territories 

 therein described, as also the exclusive right of navigating and trading 

 within the maritime limits therein set forth, his Ihitannic Majesty nuist 

 be understood as hereby reserving all his rights, not being prepared to 

 admit that the intercourse which is allowed on the face of this instru- 

 ment to have hitherto subsisted on those coasts, and in those seas, can 



