152 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



it professes tlie willing-iiess of the Government to enter into negotia- 

 tions for the (leliniilation of the disi)nted territory. 



On pa.<;e L'4 is a Contidential Memoir, wliich I need not read; I may 

 say that it re states the ease in defence of the Ukase: chiinis that they 

 might have treated tlie Northern part of the Pacific as a shnt sea, and 

 so fortli ; but tliat there are overtures for the settlement of the subject, 

 and that the Russian Government does not desire to press the matter 

 to the full extent. 



The Duke of Wellington, having received that letter which I have 

 read from Mr. Canning, writes to Count Lieven in these terms. I am 

 reading from page 25: 



We object to the ulcase on tlie orouncls: 



1. Tluit his imperial Majesty assumes thereby an exclusive sovereignty in Xorth 

 America of which we are not "prepared to acknowledge the existence or the extent. 

 Upon this ]ioi!it, however the Memorandum of Count Nesselrode does artbrd the 

 means of ue,<;otiatiou. and my Government will be ready to discuss it either in Lon- 

 don or St. Peters1)nr<>h whenever the state of the discussious on the other question 

 arising out of the ukase will allow of the discussion. 



The second ground on wliich we object to the Ukase is that His Imperial Majesty 

 thereby excludes from a certain considerable extent of the oi)en sea vessels of other 

 nations, 



\A'e contend that the assumption of this power is contrary to the law of nations, 

 and we cannot found a uegociation upon a paper, 



That is the Confidential Memoir which I have just referred to. — 



in which it is again broadly asserted. We contend that no Power what>'ver can 

 exclmie another from the use of the open sea. A Power cm exclude itself from the 

 navigation of a certain coast, sea, etc., by its own act or engagement, but it cannot 

 by right be excluded by another. Tliis we consider as the law of nations, and we 

 cannot negociate upon a paper in which a right is asserted inconsistent with this 

 priuciide. 



Nothing conld be stronger than that. Tlien follosvs an incident in 

 the process which I took the liberty of describing a little time ago — the 

 ju'ocess of climbing down; and I call attention expressly to ti.e note 

 from the Duke of Wellington. It is dated November 29th, 1822. 



Since I wrote to you yesterday I have had another conversation with the Russian 

 Ministers regarding the Ukase. 



It is now settled that both the memorandums which I inclosed to you should be 

 considered as non arcnKs, and the Kussian Ambassador in Londim is to addiess yon a 

 note in answer to that of' the late Lord Londonderry, assuring you of the desire of 

 the Emperor to negociate with you upon the wlnde question of the Emperor's claims 

 in North America, reserving them all if the result of the uegociation should not be 

 satisfactory to both parties. 



Therefore the position was that the Confidential Memoir that I men- 

 tioned was considered as non avenue, and the matter was at large for 

 negotiation. 



Now on page 31 is an important meinorandum to Mr. Canning from 

 Count Lieven, who was then in London. It is the second passage I 

 refer to, — it is in these words: 



Avant de quitter Y<^rone, le Soussignd a recn I'ordre de donner an Gonverue- 

 902 nient de Sa Maj< 8t6 britanniqne une nouvelle pn-uve des dispositions connues 

 de I'Emperenr, en proposaut a son Excellence Mr. Canning, principal secretaire 

 d'fitat de Sa Ma.jestd Britanniqne pourles AHaircs (^trangeres (sans que cette proposi- 

 tion puisse porter atteinte anx droits de Sa Majeste Iniporiale, si elle n'est pas 

 acceptee), que de jiart et d'autre la question de droit strict soit provisoirement 

 ecartee, et que tons les diffc^rends auxqnels a donue. lien le Rfglement dont il s'agit, 

 s'aplanissent par nu arrangement andcal fondc sur le seul priucipe des convenances 

 mutuelles et qui serait negocie a Saint-Petersbourg. 



Then follows a long dispatch from Count Nesselrode to Count Lieven, 

 which is to a large extent, indeed I think it is entiiely conversant with 



