APPENDIX TO CASE OF GREAT BRITAIN. 475 



sider both Govorninents to liave buried all controversy about the rights 

 incident to the prior discovery of savage and unoccupied lands, aud to 

 have consented tliat, at the expiration of the ten years, the United 

 States should be esteemed to possess in full domain the coast and islands 

 to the south, and Russia the coast aud islands to the north, of 54° 40' 

 north latitude. 



He may ask, aud with some plausibility, with what other object the 

 IVth Article was framed 1 It uses no phraseology tantamount to 

 "establisliments" or "settlements" or "points already occupied;" but 

 protects from any hindrance for ten years only the power to frequent 

 the interior seas, gulfs, liarhours, and cieeks upon the coast, for the 

 purpose of flsliing and trading- with tlie natives — a i)ower already duly 

 enunciated without limit oltime, for both countries, by the 1st Article; 

 aud, if it was not intended mutually to yield the power in relation to 

 the sections divided by the i)arallel of latitude at the expiration of the 

 term, why disturb the operation of the 1st Article at allf A closer 

 analysis of the negotiation of 1824 may possibly disi^el these sugges- 

 tions; or it will give me pleasure to find my apprehensions removed by 

 the candour of the Vice-Chaucellor; and, at all events, I shall never 

 acquiesce, until instructed to do so by you, in a construction so opposite 

 to the intentions of IVIr. Middleton, and so conclusive as to all further 

 claim of the United States. 



I have, &c., 



(Signed) G. M. Dallas. 



10 No. 8. 



Mr. Dalian to Count Wesselrode. 



American Legation, August 15 (27), 1837. 



The Undersigned, Envoy hlxtraordinary and Minister Plenipotentiary 

 of the United Stales of America, has tlie honour very resi)ectfully to 

 invite the attention of his Excellency the Vice-Chancellor of the Empire 

 to the following subject, specially given to him in charge as calling for 

 an early submission to the consideration of the Imperial Government. 



It will doubtless be remembered that by the perpetual Convention of 

 the 5th (17th) April, 1824, signed by his Excellency Count JSTesselrode 

 and M. Poletica on behalf of Russia, and by Mr. Henry Middleton on 

 behalf of the United States, it was agreed that in any ])art of the 

 Great Ocean, commonly called the Pacific Ocean or South Sea, the 

 respective citizens or subjects of the High Contracting Powers should 

 be neither disturbed nor restrained, neither in navigation or in fishing, 

 or in the power of resorting to the coasts, upon points which may not 

 already have been occu))ied, for the ])urpose of trading with the natives; 

 that, to prevent the rights of navigation and of lishing, exercised upon 

 the Great Ocean, from be(!oming a ])retext for an illicit trade, the citi- 

 zens or subjects of either country should not resort, without permission, 

 to any establishment of the other; and that there should not be formed 

 to the north of 54° 40' of north latitude by the citizens of the United 

 States, nor south of that parallel by Russian subjects, any establish- 

 ment ui)ou the north-west coast of America. It was declared by the 

 IVth Article to be understood that during a term of ten years, count- 



