APPENDIX TO CASE OF GREAT BRITAIN. 389 



JTo. 15. 

 The JDuTce of Wellington to Mr. G. Canning. — {Received December 9.) 



No. 38.] Verona, November 28, 1822. 



Sir: I inclose the copy of a Confidential Menioraiidnm which I gave 

 to Count Nesselrode on the 17th October, regarding the Eussian Ukase, 

 and the copy of his answer. 



I have had one or two discussions with Count Lieven upon this paper, 

 to which I object as not enabling His Majesty's Government to found 

 upon it any negotiation to settle the questions arising out of the Ukase, 

 which discussions have not got the better of these difficulties; and I 

 inclose to you the copy of a letter which 1 have written to Count Lieven, 

 explaining my objections to the Eussian " Me moire Confideutiel." 



This question then stands exactly where it did. I have not been able 

 to do anything upon it. 



I have, &c. (Signed) Wellington. 



[Inclosure 1 in No. 15.] 

 Memorandum. 



In the month of September 1821 His Imperial Majesty the Emperor of Rnssia 

 issued an Ukase, asserting the existence in the Crown of Russia of an exclusive 

 riglit of sovereignty in the countries extending from Behring's Straits to the 51st 

 degree of north latitude on the west coast of America, and to the 45th degree of 

 north latitude on the opposite coast of Asia, and as a qualiiiod exercise of that right 

 of sovereignty, prohibiting all foreign vessels from approaching within 100 Italian 

 miles of those coasts. 



After this Ukase had been submitted by the King's Government to those legal 

 authorities whose duty it is to advise His Majesty on such matters, a note was 

 addressed by the late Marquis of Londonderry to Count Lieven, the Russian Ambas- 

 sador, protesting against the enactments of this Ukase, and requesting such amicable 

 explanations as might tend to reconcile the ])retensions of Russia in that quarter 

 of the globe with the just rights of His Majesty's Crown, and the interests of his 

 subjects. 



We object, first, to the claim of sovereignty as set forth in this Ukase; and, 

 secondly, to the mode in which it is exercised. 



The best writers on the laws of nations do not attribute the exclusive sovereignty, 

 particularly of continents, to those who have first discovered them, and although 

 we might, on good grounds, dispute with Russia the priority of discovery of these 

 continents, we contend that the much more easily proved, more conclusive, and 

 more certain title of occupation and use, ought to decide the claim of sovereignty. 



Now we can prove that the English North-West Company and the Hudson's Bay 

 Company have for many years established forts and other trading stations in a 

 country called New Caledonia, situated to the west of a range of mountains called 

 Rocky Mountains, and extending along the shores of the Pacific Ocean from latitude 

 49° to latitude 60>^. 



This Company likewise possess Factories and other Establishments on Mackenzie's 

 River, which falls into the Frozen Ocean as far north as latitude 66° 30', from whence 

 they carry on trade with the Indians inhabiting the countries to the west of that 

 river, and who, from the nature of the country, can communicate with Mackenzie's 

 River with more facility than they can with the ports in New Caledonia. 



Thus, in opposition to the claim founded on discovery, the priority of which, 

 24 however, we conceive we might fairly dispute, we have the indisputable claim 

 of occupancy and use for a series of years, which all the best writers on the 

 laws of nations admit is the best founded claim to a territory of this description. 



Objecting as we do to this claim of exclusive sovereignty on the part of Russia, I 

 might save myself the trouble of discussing the particular mode of its exercise as 

 set forth in this Ukase, but we object to the mode in which the sovereignty is pro- 

 posed to be exercised under this Ukase, not less than we do the claim of it. 



We cannot admit the right of any Power possessing the sovereignty of a country 

 to exclude the vessels of others from the seas on its coasts to the distance of 100 

 Italian miles. 



