346 



APPENDIX TO COUNTER-CASE OP GREAT BRITAIN. 



Since the proposed limitation desig- 

 nates two different points, situated under 

 different degrees of latitude, namely : 



1. The Bay of Yakutat (Bering Bay), 

 on the parallel of 59° 30' ; 



2. The Bay or Strait of Krestnoi (Cross 

 Sound), on the parallel of 579 ; 



the Russian-American Company desires 

 that the subiects of the United States be 

 prevented from fishing or hunting at 

 those two points; but the majority of the 

 members of the Committee are of the 

 opinion: 



As to the first of these points (Bering 

 Bay), it is situated under a latitude where 

 Russia's rights have never been a subject 

 of dispute, and this important circum- 

 stance leads us to the conclusion that it is 

 rightly covered by the general declar;ition 

 concerning the Aleutian Islands and other 

 northern localities. With regard to the 

 second, however (Cross Sound), which is 

 situated under latitude 57°, and conse- 

 quently forms part of the coast and islands 

 to which Russia's right has been disputed, 

 it would be impracticable to apply to 

 it the same rule, unless some other valid 

 reasons are produced upon which to base 

 such a demand. 



In order to neglect no means by which 

 the Government of His Imperial Majesty 

 may give proof of its fatherly care of the 

 interests of the Russian-American Com- 

 pany, General deTuyll should be instruct- 

 ed to use every means at his command to 

 persuade the Washington Cabinet that, 

 in favoring the limitation about to be pro- 

 posed relating to Cross Sound, there is no 

 intention or desire to give any provoca- 

 tion for further dispute between the two 

 Powers. 



And General de Tuyll should be given 

 to understand that the recognition of the 

 undisputed primary right of Russia in 

 those regions is of supreme impor- 

 36 tance,not in any way to be compared 

 with the later and comparatively 

 trivial concessions of the Convention with 

 the Government of the United States, 

 concluded the 5th (17th) April, and that it 

 must, under all circumstances, be sus- 

 tained. 



This opinion was finally unanimously 

 agreed upon by all the members of the 

 Committee. 



(Signed) Nesselrode. 



G. L. Kankrin. 

 Speransky. 

 Drushinin. 

 poletica. 



St. Petersburg, July 21, 1824. 



As the proposed restrictions refer to 

 two chief points lying under different 

 parallels of latitude, namely : 



1. To Yakutat (Bering's) Bay, under 

 parallel 59° 30'; 



2. To Cross Bay or Sound (Cross Sound), 

 under parallel 57° ; 



the American Company desires that sub- 

 jects of the United States may not be per- 

 mitted to hunt or fish in those bays; 

 therefore, the majority of the members of 

 the Committee resolve ; 



That, as regards the first of these points 

 (Bering's Bay), it lies in a latitude where 

 the rights of Russia have never formed a 

 subject of dispute, and that this impor- 

 tant circumstance permits us to include it 

 in the general declaration concerning the 

 Aleutian Islands and the other northern 

 places. 



That, as regards the second (Cross 

 Sound), however, as it lies under the 57th 

 degree ofnorth latitude, and conseqiiently 

 within the limits of those islands and 

 regions to which Russia's right of sover- 

 eignty has been disputed, it is impracti- 

 cable to apply the same rule or to base 

 the claim, of which it must be the subject, 

 on any other satisfactory proof. 



That, apart from this, in order to ex- 

 haust all the measures showing the care 

 of the Government of His Imperial Maj- 

 esty for the interests of the Russian- 

 American Company, it is still possible to 

 instruct General Tuyll to use every effort 

 to persuade the Washington Cabinet that, 

 by accejitiug this restriction relating to 

 Cross Sound, it will prevent all unpleasant 

 collisions between the subjects of the two 

 Powers. That General Tuyll must not, 

 however, make this last proposition until 

 he is convinced that it will be accepted, 

 and that it will not deter the Government 

 of the United States from ratifying the 

 Treaty of the 5th (17th) April. 



This Resolution was unanimously 

 adopted by all the members of the Com- 

 mittee. 



(Signed) Nesselrode. 



G. L. Kankrin. 

 Speransky. 

 Drushinin. 

 poi-etica. 



St. Petersburg, July 21, 1S24. 



