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APPENDIX TO CASE OF GREAT BRITAIN. 569 
of the Russian American Company, which, under both Ukases, included 
the sovereignty over the sea to the extent of 100 miles from the shores, 
were reserved by special clause in a separate and special Article signed 
after the principal Articles of the Treaty had been concluded “and 
signed.” 
Upon this I have to observe, in the first place that the Ukase of 1799 
did not contain any mention whatever of sovereignty over the sea; 
secondly, that the context of the Separate Article is such as altogether 
to preclude the interpretation that if was meant to recognize the “objec: 
tionable claim contained in the Ukase of 1821. I will quote the Article 
at length: 
Separate Article II. 
It is understood in like manner that the exceptions, immunities, and privileges 
hereinafter mentioned shall not be considered as at variance with the principle of 
reciprocity which forms the basis of the Treaty of this date, that is to say: 
1. The exemption from navigation dues during the first three years, which is 
enjoyed by vessels built in Russia and belonging to Russian subjects. 
3. The exemptions of the like nature granted in the Russian ports of the Black 
Sea, the Sea of Azof, and the Danube to such Turkish vessels arriv ing from ports of 
the Ottoman Empire situated on the Black Sea, as do not exceed 80 lasts burden. 
3. The permission granted to the inhabitants of the coast of the Government of 
Archangel, to import. duty free, or on payment of moderate duties, into the ports of 
the said Government, dried or salted fish, as likewise certain kinds of furs, and to 
export therefrom, in the same manner, corn, rope and cordage, pitch, and ravensduck. 
4. The privilege of the Russian American Company. 
5. The privilege of the Steam Navigation Companies of Lubeck and Havre; lastly, 
6. The immunities granted in Russia to certain English Companies, called ‘‘ Yacht 
Clubs.” 
To suppose that under the simple words, “ the privilege of the Rus- 
sian American Company,” placed in connection with the privilege of 
French and German Steam Navigation Companies, and the immunities 
of yacht clubs, it was intended to acknowledge a claim of jurisdiction 
against which her Majesty’s Government had formally protested as 
contrary to international law, and which it had avowedly been one of 
the main objects of the Treaty of 1825 to extinguish, is a suggestion too 
improbable to require any lengthened discussion. 
But Her Majesty’ s Government did not of course agree to the Article 
without knowing what was the exact nature of the privileges thus 
excepted from reciprocity. They had received from the Russian Ambas- 
sador, in December 1842, an explanatory Memorandum on this subject, 
of which the following is the portion relating to the Russian American 
Company: 
VE 
La Compagnie Russe Américaine a le privilége d’expédier francs de droits: de 
Cronstadt autour du monde et d’Ochotsk dans les Colonies Russes, les produits 
Russes ainsi que les marchandises étrangéres dont les droits ont déja été prélevés; 
de méme (importer au retour de ces Colonies des car gaisons de pellete ries et d’autres 
produits de ces Colonies, sans payer aucun droit si d’apres les lois générales il n’est 
pas établi @impét particulier intérieur sur les marchandises de pelleterie. 
Observation.—D’apres le Tarif en vigueur, Vimportation des fourrures dans les 
ports de St.-Pétersbourg et d’Archangel, de production Russe et sur des vaisseaux 
Russes, est admise sans droits. 
517 It is surely incredible that if the privilege of the Russian 
American Company did comprise a right of excluding vessels 
from approaching within 100 miles of the shore, it should not even 
have been alluded to in this explanation. 
Nor is it possible to agree in Mr. Blaine’s view, that the exclusion of 
foreign vessels for a distance of 100 miles from the coast remained in 
