COUNTEE-CASE OF GREAT BEITAIN. 15 



UKASE SAYS NOTHING OF HUNTING GROUNDS OR HUNT- 

 ING, AND ALLEGES NO POSSESSION. 



It is to be observed that in the Ukase there is no reier- 

 ence to hunting grounds or hunting, the passages in Arti- 

 cles 1 and 10, in which those words appear in the transla- 

 tion taken from Bancroft, referring, in fact, to industries, 

 trade, and establishments. Articles 1 and 2, as given in 

 Bancroft, differ materially from the same Articles as given <^^^o,nte, p. 7. 

 above. Tliey allege "possession" by Russia, instead of 

 mere "right of dominion," founded apparently on "discov- 

 ery;" they omit to speak of the coast "beyond" Behring 

 Strait; and they only faintly indicate that which is now 

 clearly established, that the Eussian Government had in 

 view the fact that territory on the coast to the north as 



well as to the south of latitude 55° was still unincor- 

 14 porated in.Eussian dominions, and might even have 



"become subject" to other Powers. Article 10, as 

 now translated, allows traders to exercise their industries 

 as before, "but only until the arrival of their ships in 

 Eussia;" which words, omitted in Bancroft, show that 

 Eussian competition only Avas in view. 



RUSSIAN COMPETITION ONLY WAS EXCLUDED BY UKASE. 



It will be noted that this Ukase dealt impartially with 

 the Eussian Settlements on the whole of the coast described, 

 Avithont distinction as to latitude; and in the absence of 

 any distinction betv/een the northern and the southern 

 2X)rtions of the coast affected by that document, the I'acts 

 stated in Chapter 1 of the British Case have equal weight 

 in the consideration of the existence and extent of Eussian 

 jurisdiction over any and every part of the coast so claimed, 

 and are sufficient to demonstrate tliat foreigners were 

 allowed to trade there freely without molestation or inter- 

 ference. 



FOREIGNERS ALLOWED TO TRADE FREELY OVER WHOLE 

 COAST FROM LATITUDE 55° NORTH-WARD. 



In the discussion on the Ukase of 1821, which took place 

 between Count Nesselrode, Count Lieven, and the Duke of 

 Wellington while they were attending the Congress of 

 Yerona, Count Isesselrode gave to the Duke of Welling- 

 ton, a Memorandum, under date the 11th (23rd) IS^ovember, 

 1822, in which, as already stated at p. 43 of the British 

 Case, the following passage occurs : 



Les niesnres de precantiou et tie surveillance qni eeront prises alors 

 8iir la partie Russe de la cute d'Ameiique se trouveiout enticreiiient British Casp, 

 coulbruies anx droits derivaut de sa souverainete, aiusi qu'aux usages AppeudiXj^yol. ii, 

 etablis eutre uatious. ^^ , p. -o. 



To this Memorandum the Duke, in a note to Count 

 Lieven, dated the 28th November, 1822, promptly objected: 



Verona, November 28, 1822. 

 M. LE COMTE : Having considered tlie paper which your Excellency g^j^-jji^j ^gge 

 gave nie last night on the part of his Excellency Count Nesselrode on Appendix, vol. ii', 

 the subject of our discussions, on the Russian l?kase, I must inform Part I, p. -J. 

 you that 1 cannot consent, on the part of my Government, to found 



