476 APPENDIX TO CASE OF GREAT ERITATN. 



ing from the signature of the Convention, the ships of both countries 

 respectively nnj>ht reciprocally frequent, without any hindrance what- 

 ever, the interior seas, gulfs, harbours, and creeks upon the said coast, 

 for tlie purpose of fishing and trading with the natives. 



The permanent powers to navigate, to fish, and to resort to the coasts 

 upon unoccupied points, in order to trade with the natives, thus 

 mutually recognized in a spiritof forecasting Iriendship, which removes, 

 by explicit assurances, every possible cause of collision or jealousy, and 

 has always characterized the relations and int<Mcourse of the two (tov- 

 eruments, would seem to be unequivocally distinct and precise. It is 

 to a vague and perverted condition of things, consequent, in a great 

 degree, upon the expiration of the temporary ]»rovision of the IVth 

 Article, much rather than to any inimical national policy, that the 

 Undersigned impntes the incident, so detrimental to the interest of an 

 American citizen, and so incompatible with the rights of his country, 

 which is now suhmitted to the just and candid C(msideration of his 

 Excellency Count Nesselrode. 



[Here follows a statement of the case of the " Loriot," substantially 

 the same as that given above in Mr. Forsyth's instructions of the 4th 

 May, 1837.] 



The Undersigned is unwilling to make to his Excellency Count Nes- 

 selrode the remarks naturally suggested by this brief statement of tacts 

 (whose authenticity he cannot doubt), until every reasonable and just 

 opportunity shall have been given to the Kussian officers implicated to 

 temper, if possible, their harshness by ex])lanation. His firm confidence 

 in the dispositions heretofore expressed and manifested towards his 

 country precludes his supposing, for one moment, that a proceeding so 

 unfriendly in its nature and circumstances, and so inconsistent with 

 the rights of American citizens, immemorially exercised and secured 

 by the laws of nations, as well as by the stii)uIations of the 1st Article 

 of the Treaty of 1824, was authorized by His Imperial Majesty's Gov- 

 ernment, or can receive its sanction. 



Nevertheless, it is made the duty of the Undersigned earnestly and 

 most respectfully to remonstrate against such an unwarranted aggres- 

 sion by i)ersons enjoying the character and using the means of agents 

 in the Russian service, and to claim, as he now does, from His Impe- 

 rial Majesty's Government, for the losses and damages sustained by 

 the owners of the brig " Loriot," such indemnification as may, on an 

 investigation of the case, be found justly their due. 



In the sincere hope that an early and hai)i>y adjustment of this busi- 

 ness may arrest its tendency to excite unkindness of feeling between the 

 citizens and subjects of the two countries, the Undersigned avails, &c. 



(Signed) G. M. Dallas. 



No. 9. 



Mr. Forsyth to Mr. D/dlnfi, 



Department of State, 



Waxhiufiton, XorcmJter 3, 1837. 

 Sir: Yon [.sj>] despatches Nos. and 7 of the 10th August and 8th 

 September respectively have l)eeu dnly receive<l and submitted to the 

 President, by whom 1 am directed to make the fi)llowing observations, 

 with reference to your remarks regarding the ])roj)er constructi(m of 

 the Convention of April 1824, between the United States and Kussla. 



