ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 119 



to be the only exercise of proprietary right of which these particular regions wore at 

 that time susceptible, and to mark that a beneficial use was made of the whole terri- 

 tory by the occupants. 



That seems to me very reasonable and to tend very innch to support 

 the observations that I made at a former period of this argument to 

 the effect that these jSTorthern regions, yielding only one product, and 

 one which could be easily gathered by one nation, were fully appropri- 

 ated by Russia to herself by the colonial establishments which she had 

 formecl for that purpose. It was this pretension under this aspect, 

 which attracted the notice of Great Britain. In order to ascertain 

 what the view of this Power was in reference to it and how far she 

 complained of it — I speak of both Great Britain and the United States 

 and how far they complained of it — we must look to the protests which 

 were made. The first British i)rotest in reference to it will be found on 

 page 14 of the Appendix to the British Case, volume 2 : 



The Marquis of Londonderry to Count Lieven. 



Foreign Office, January 18, 1822. 



The undersigned has the honour hereby to acknowledge the note, addressed to him 

 by Baron de Nicolai, of the 12th November last, covering a copy of an Ukase issued 

 by his Imperial Majesty the Emperor of all the Russias, aud bearing date the 411i 

 September, 1821, for various purposes, therein set forth, especially connected with 

 the territorial rights of his CroAvn on the north-western coast of America, bordering 

 upon the Pacific, and the commerce and navigation of His Imperial Majesty's sub- 

 jecls in the seas adjacent thereto. 



This document, containing Regulations of great extent and importance, both in its 

 territorial and maritime bearings, has been considered with the utmost atteiitiou, and 

 with those favorable sentiments which His Majesty's Government always bear 

 towards the acts of a State which His Majesty has the satisfaction to feel himself 

 connected, by the most intimate ties of friendship and alliance; and having beeu 

 referred for the report of those high legal authorities, whose duty it is to advise His 

 Majesty on such matters. 



The undersigned is directed, till such friendly explanations can take'place between 

 the two Governments as may obviate misunderstanding upon so delicate and important 

 a point to make such provisional protest against the enactments of the said Ukase as 

 may fully serve to save the rights of His Majesty's Crown, and may protect the per- 

 sons and properties of His Majesty's subjects from molestation in the exercise of their 

 lawful callings in that quarter of the globe. 



The nndersigned is commanded to acquaint Count Lieven that it being the King's 

 constant desire to respect, and cause to be respected by his subjects in the fullest 

 manner, the Emperor of Russia's just rights, His Majesty will be ready to enter into 

 amicable explanations upon the interests atiected by this instrument, in such manner 

 as may be most acceptable to His Imperial Majesty. 



In the meantime, upon the subject of this Ukase generally, and especially upon the 

 two main princijiles of claim laid down therein, viz., an exclusive sovereignty alleged 

 to belong to Russia over the territories therein described, as also the exclusive right 

 of navigating and trading within the maritime limits therein set forth, His Britannic 

 Majesty must be understood as hereby reserving all his rights, not being prepared to 

 admit that the intercourse which is allowed on the face of this instrument to have 

 hitherto subsisted on those coasts, and in those seas, can be deemed to be illicit, or that 

 the ships of friendly Powers, even supposing an unqualified sovereignty was proved 

 to appertain to the Imperial Crown in these vast and very imperfectly occupied ter- 

 ritories could by the acknowleged law of nations, be excluded from navigating within 

 the distance of 100 Italian miles as therein laid down from the coast, the exclusive 

 dominion of which is assumed (but, as His Majesty's Government conceive, in error) 

 to belong to his Imperial Majesty the Emperor of all the Russias. 



Londonderry. 



That protest would appear to be framed rather in the doubtful and 

 Indeterminate form suggested by Lord Stowell's observations upon the 

 Ukase. It does, however, shadow forth rather vaguely complaints 

 against this Ukase of a two-fold character. First, its assumption of 

 territorial sovereignty over these shores, anil, next, the attempt to 



