472 APPENDIX TO CASE OF GREAT BRITAIN. 



tioii is subject to innnniorablc? and mikiiown diffifulties, and where the 

 chief employment, whicli is the whale lishery, cannot be compatible with 

 a regulated and welldeteTuiined course. 



The right cannot be <lenied of shutting a port, a sea, or even an 

 entire country, against foreign commerce in some particular cases. 

 8 But the exercise of such a right, unless in the case of a colonial 



system already established, or for some other special object, 

 would be ex])osed to an unfavourable interpretation, as being contrary 

 to the liberal spirit of modern times, wherein we look for the bonds of 

 amity and of reciprocal commerce among all nations being more closely 

 cemented. 



Universal usage, which has obtained the fon^e of law, has estiiblished 

 for all the coasts an accessory limit of a moderate distance, which is 

 sufficient for the security of the country iuid for the convenience of its 

 inhabitants, but which lays no restraint upon the universal lights of 

 nations, nor ui)on the freedom of commerce and of navigation. (See 

 Vattel,B. I., chapter 23, section 2S1).) 



In the case where this territorial limit would be insufficient, it is 

 always allowable to make to it the augmentations which may be desired, 

 by the way of diplomacy, in conclnding Treaties with the nations tliat 

 might be found interested in it, the only means of reconciling them to 

 the species of constraint which nuist necessarily result in this case to 

 the Maritime Powers. 



No. G. 



Mr. Forsyth to Mr. TfaUan. 



Depar'I'ment of State, 



WasMm/ton, May /, JS37. 



Sir: I regret to have occasion so soon again to advert to a subject 

 connected with the cliiims of the United States to the right of trading 

 with the natives of the country, and of fishing on the north-west coast 

 of this continent. You will ])erc<'ive from a perusal of the accom|)any- 

 ing papeis that the expiration of the JVth Article of the(!onvention of 

 1824 with Bussia is not unlikely to be attended with difficulties to our 

 citizens frequenting that coast in pursuit of lawful objects. The leading 

 features of the case, to which your attention is now invited (the par- 

 ticulars of which are more fully detailed in the inclosed copy of a letter 

 dated the 24th November last, from J. C. Jones, Consul of the United 

 States Jit the Sandwich Islands, to this Dei)artment, and of the i)rotest 

 to which it lefers), are ns follows:* 



The American brig "lioriot," Blinn, master, sailed from the port of 

 Oahn on tiie22nd August last, bound to the north-west coast of America, 

 for tiie purp(»se of ])rocuiing ]novisions, and also Jiulians to hunt for 

 sea-otter on the saitl coast. Jt apjx'ars that she made the land called 

 Forrestei's Island on the 14th S('pt('nil)er following, and on the ir>th 

 anchored in the harl)our of Tuckessan, latitiule 54" 55' north, and 

 longitude 132"^ :)()' west; that on the IStJi a Russian armed brig arrived 

 in the harbour of Taleskey, latitude 54° 45' north, and longitude 132° 

 55' west; that on the succeeding day the " Loriot" was boarded by 

 officers tVom the IJussian brig, who ordered the ca])tain of the American 

 vessel to leave the dominions of Jlis Majesty the Km])eror of Itussia; 



*For these pajters, see Senate Document 1, 25th Congress, 3rd. Session. 



