478 APPENDIX TO CASE OF GREAT BRITAIN. 



the designated line. But that Enssia did not so understand the Article 

 is conclusively i)roved by her having- entered into a similar Agreement, 

 (1825) with Great Britain, and have, in fact, acknowledged in that: 

 instrument the right of possession of the same tenitory by Great 

 Britain. The United States can only be considered as acknowledging 

 the right of Ilussia to acquire, by actual occupation, a just claim to 

 unoccui)ied lands above the latitude 54° 40' north, and even this is 

 mere umtter of inference, as the Convention of 18L'4 contains nothing 

 more than a negation of the right of the United States to occupy new 

 points within that limit. 



Admitting tliat this inference is just, and was in contemplation of 

 the parties to the Convention, it cannot follow that the United States 

 ever intended to abandon the just right acknowledged by the 1st Article 

 to belong to them under the hiw of nations — to fre(|uent any part of 

 the unoccupied coast of North America for tiie purpose of fishing or 

 trading- witli the natives. All that the Convention admits is an infer- 

 ence of the right of lUissia to acquire possession by settlement north 

 of 54° 40' north. Until that actual possession is taken, the 1st Article 

 of the Convention acknowledges the right of the United States to fish 

 and trade as prior to its negotiation. This is not only the just con- 

 struction, but it is the one both parties are interested in initting upon 

 the instrument, as the benefits are equal and mutual, and the object 

 of the Convention, to avoid converting the exercise of a common right 

 into a dispute about exclusive privilege, is sei^ured by it. 

 1 am, &<i. 



(Signed) Joun Forsyth. 



No. 10. 

 Count Nesselrodc to Mr. Dallas. 



[Trauslation.] 



St. Petersburgh, Fehruary ^5, 1S38. 



Mr. Pallas, Envoy Extraordinary and Minister Plenipotentiary of 

 the United States of America, by his note of the 15th (27th) August 

 last, has thoughtproper to interpose in behalf of the claims preferred by 

 Kichard lUinn, a citizen of the United States, and master of the mer- 

 cliant-brig "Loriot." It appears from tlie above mentioned note 

 12 that in 1830 this vessel, having sailed for the north west coast of 

 America, arrived at Forrester's Island in latitude of 54^55' luu-th, 

 witli the intention of em])loying- the natives in hunting for sea-otters, 

 and that a few days after his arrival he was ordered oft' by a brig of the 

 Russian-American Comi)any, without having been able to pursue his 

 project. Mr. Blinn, in virtue of the stii)uhitions of the Convention of 

 5th (17th) April, 1824, and especially of the 1st Article of that Conven- 

 tion, now prefers complaints against the conduct of the Enssian brig 

 towards him, and asks indemnification for the losses sustained in con- 

 sequence by the proprietors of the "Loriot." 



A claim of this nature, ])resented, too, by the Eepresentative of a 

 Power with which Eussia, is anxious to cultivate the most friendly rela- 

 tions, deniivnded the most serious attention on the ]>art of the Imperial 

 Ministry. The Enssian- American Coini)any was accordingly asked, 

 without delay, for minute information respecting all the circumstances 



