268 APPENDIX TO CASE OF GREAT BRITAIN. 
Mr. Poletica to Mr. Adams. 
[Extract.] 
WASHINGTON, April 2, 1822. 
Mr. Poletica replied on the 2nd April following, and after again endeavouring to 
prove the title of Russia to the north-west coast of America, from Behring’s Straits 
to the 51st degree of north latitude, said: 
“In the same manner the great extent of the Pacific Ocean at the 51st degree of 
latitude cannot invalidate the right which Russia may have of considering 
241 that part of the ocean as close. But as the Imperial Government has not 
thought fit to take advantage of that right, all further discussion on this sub- 
ject would be idle. 
‘As to the right claimed by the citizensof the United States of trading with the 
natives of the country of the north-west coast of America, without the limits of 
the jurisdiction belonging to Russia, the Imperial Government will not certainly 
think of limiting it, and still less of attacking it there.” 
Mr. Adams to Mr. Middleton. 
[Extract. ] 
DEPARTMENT OF STATE, Washington, July 22, 1828. 
From the tenour of the Ukase of the 4th (16th) September, 1821, the pretensions 
of the Imperial Government extend to an exclusive territorial jurisdiction from the 
45th degree of north latitude, on the Asiatic coast, to the latitude of 51° north on 
the western coast of the American continent; and they assume the right of interdict- 
ing thenavigation and fishery of all other nations to the extent of 100 miles from the 
whole of that coast. 
The United States can admit no part of these claims. Their right of navigation 
and of fishing is perfect, and has been in constant exercise from the earliest times, 
after the Peace of 1783 throughout the whole extent of the Southern Ocean, 
subject only to the ordinary exceptions and exclusions of the territorial jurisdic- 
tions, which, so far as Russian rights are concerned, are confined to certain islands 
north of 55th degree of latitude, and have no existence on the Continent of America. 
At the fourth Conference which preceded the signature of the Treaty of the 5th 
(17th) April, 1824, Mr. Middleton, the United States Representative, submitted to 
Count Nesselrode the following paper: 
“' Translation. | 
“The dominion cannot be acquired but by a real occupation and possession, and 
an intention (‘animus’) to establish it is by no means sufficient. 
“Now, it is clear, according to the facts established, that neither Russia nor any 
other European Power has the right of dominion upon the continent of America 
between the 50th and 60th degrees of north latitude. 
“Still less has she the dominion of the adjacent maritime territory, or of the sea 
which washes these coasts, a dominion which is only accessory to the territorial 
dominion. 
“Therefore she has not the right of exclusion or of admission on these coasts, nor 
in these seas, which are free seas. 
“The right of navigating all the free seas belongs, by natural law, to every inde- 
pendent nation, and even constitutes an essential part of this independence. 
“The United States have exercised navigation in the seas, and commerce upon 
the coasts above mentioned, from the time of their independence; and they have 
a perfect right to this navigation and to this commerce, and they can only be 
deprived of it by their own act or by a Convention.” 
Extract from Convention of April 5 (17), 1824. 
Article 1. It is agreed that, in any part of the great ocean, commonly called the 
Pacific Ocean or South Sea, the respective citizens or subjects of the High Con- 
tracting Powers shall be neither disturbed nor restrained, either in navigation or in 
