APPENDIX TO CASE OF GREAT BRITAIN. 479 



coiniectecl with tlie above-mentioned facts, in order that it raij^ht be 

 examined witli an entire knowledge of tlie aflair. This information has 

 not yet readied the Jini)erial Ministry, as the Kussi an American Com- 

 ]>any has not to this moment received any special report concerning' 

 tlie ordering- off' of the " Loriot." It ap])ears, however, from the cir- 

 cnmstances as stated in the very note of Mr. Dallas, as well as from 

 a deposition nnide by one of the officers recently returned from those 

 countries, that in notif\ ing' Mr. Kichard lUinn to (|uit the shores where 

 he was, the commander of the i'ussian brig- did nothing more than 

 conform with the instructions given to him at the expiration of the 

 IVth Article of the Convention. 



By examining the stipulations of that Convention, with the spirit of 

 equity which marks tlie character of Mr. Dallas, he will be convinced 

 that the Imperial Government caimot acknowledge the justice of the 

 comi)laints of Mr. lilinn. 



It is true, indeed, the 1st Article of the Convention of 1824, to which 

 the pro])rietors of the "Loriot" appeal, secures to the citizens of the 

 United States entire liberty of navigation in the Pacitic Oceau, as well 

 as tlte right of landing without distnrbanceu]K)n all jioints on the north- 

 west coast of America, not already occupied, and to trade with the 

 natives. But this liberty of navigation is subject to certain conditions 

 and restrictions, and one of these restrictions is that stii»ulated by the 

 IVth Article, wliich has specially limited to the ]>eriod often years the 

 right on the i)art of the citi/ens of the United States to frequent, with- 

 out disturbance, the interior seas, the gulfs, harbours, and creeks north 

 of the latitude of 54° 40'. Kow, this ]»criod had exi)ired more than two 

 years before the " Loriot'' anchored in the harbour of Tuckessan. In 

 lSo5 the Emperor's Minister in the United States had received orders 

 to call the attention of the Calunet at Washington expressly to the 

 circumstance of the expiration of this ])eriod; and, in consequence of 

 the oftieial note addressed on this snbject by Baron de Krndener to 

 the Secretary of State, the Covernment of tlie United States caused 

 to be published, in the W'asliington newspaper, a statement that, as 

 the period of ten years had exi)ired on the 4th of April, 1834, " the Gov- 

 ernor of the Enssian (/olonies had formally notified the commanders of 

 American \'essels in that quarter tiiat they could no longer claim, under 

 the Convention, the right of landing, without distinction, at all the 

 harbours belonging to Knssia on this coast." 



If, then, notwithstanding so formal a warning which the Government 

 of the United States had itself aided in conveying to the knowledge of 

 the citi/ens of the Union, the owners of tlie " Loriot" ventured upon an 

 exjieiiition to coasts where they had for two years been interdicted from 

 landing, it ap])ears that they should attribute only to themselves the ill- 

 success of this enterprise, and that the Imperial Government cannot 

 admit their claims, nor acknowledge their title to indemnilication. In 

 comiminicating these observations to jMr. Dallas, the LTndersigned flat- 

 ters himself with the belief that he will admit the justice of them, and 

 cause them to be viewed in the same light by his Government. 

 lu this hope he i)i'<iys the Envoy to acc(;i)t, &c. 



(Signed) IfESSELEODE. 



