APPENDIX TO CASE OF GREAT BRITAIN. 567 
country, as the Ukase itself had already done in England. I inclose herewith the 
‘North American Review” for October 1822, No, 37, which contains an Article (p. 370) 
written by a person fully master of the subject; and for the view of it taken in 
England I refer you to the fifty-second number of the ‘‘ Quarterly Review,” the article 
upon Lieutenant Kotzebue’s voyages. From the articie in the ‘‘North American 
Review ” it will beseen that the rights of discovery, of occupancy, and of uncontested 
possession, alleged by M. Poletica, are all without foundation in fact. 
On reference to the last-mentioned article, it will be found that the 
writer states that “a trade to the north-western coast of America and 
the free navigation of the waters that wash its shores have been enjoyed 
as a common right by subjects of the United States and of several 
European Powers, without interruption, for nearly forty years. We 
are by no means prepared to believe, or admit, that all this has been on 
sufferance merely, and that the rights of commerce and navigation in 
that region have been vested in Russia alone.” Further on he puts 
the question in the following manner (the italics are his own): ‘It is 
not, we apprehend, whether Russia has any settlements that 
515 give _her territorial claims on the Continent of America. This 
we do not deny—but it is whether the location of those settlements 
and the discoveries of her navigators are such as they are represented to 
be; whether they entitle her to the exclusive possession of the whole terrt- 
tory north of 51°, and to sovereignty over the Pacific Ocean beyond that 
parallel.” 
These passages sufficiently illustrate Mr. Adams’ meaning, if any 
evidence be required that he used plain language in its ordinary sense. 
Clearly he meant to deny that the Russian settlements or discoveries 
gave Russia any claim as of right to exclude the navigation or fishery 
of other nations from any part of the seas on the coast of America, and 
that her rights in this respect were limited to the territorial waters of 
certain islands of which she was in permanent and complete occupation. 
Having distinctly laid down this proposition as regards the rights of 
the case, Mr. Adams went on to state what the United States were 
ready to agree to as a matter of Conventional arrangement. He said: 
With regard to the territorial claim, separate from the right of traffic with the 
natives and from any system of colonial exclusions, we are willing to agree to the 
boundary-line within which the E Imperor Paul had granted exclusive privileges to 
the Russian American Company, that is to say, latitude 55°. 
Tf the Russian Government apprehend serious inconvenience from the illicit traffic 
of foreigners with their settlements on the north-west coast, it may be effectually 
guarded against by stipulations similar to those a draft of which is herewith sub- 
pined, and to which you are authorized, on the part of the United States, to 
ayree, : 
The draft Convention was as follows: 
Draft of Treaty between the United States and Russia. 
Article I. In order to strengthen the bonds of friendship, and to preserve in future 
avnerfect harmony and good understanding between the Contracting Parties, it is 
aweed that their respective citizens and subjects shall not be disturbed or molested, 
eiher in navigating or in carrying on their fisheries in the Pacific Ocean or in the 
Soith Seas, or in landing on the c oasts of those seas, in places not already occupied, 
for the purpose of carrying on their commerce with the natives of the country, sub- 
[acy nevertheless, to the restrictions and provisions specified in the two foliowi ing 
rticles. 
Art. II. To the end that the navigation and fishery of the citizens and subjects of 
he Contracting Parties, respectiv ely, in the Pacific Ocean or in the South Seas may 
lot be made a pretext for illicit trade with their respective settlements, it is agreed 
hat the citizens of the United States shall not land on any part of the coast ac tually 
ccupied by Russian settlements, unless by permission of the Governor or Commander 
tereof, and that Russian subjec ts shall, in like manner, be interdicted from landing 
wthout permission at any settlement of the United States on the said north-west 
cost. 
