576 APPENDIX TO CASE OF GREAT BRITAIN. 
{Inclosure 4 in No, 382.] 
Memorandum on Russian Ukase of 1821, 
In the month of September 1821 His Imperial Majesty the Emperor of Russia 
issued an Ukase asserting the existence in the Crown of Russia of an exclusive right 
of sovereignty in the countries extending from Behring’s Straits to the 51st degree 
of North latitude on the west coast of America, and to the 45th degree of north lati- 
tude on the opposite coast of Asia; and, as a qualified exercise of that right of sover- 
eignty, prohibiting all foreign vessels from approaching within 100 Italian miles of 
those coasts. 
After this Ukase had been submitted by the King’s Government to those legal 
authorities whose duty it is to advise His Majesty on such matters, a note was 
addressed by the late Marquis of Londonderry to Count Lieven, the Russian Ambas- 
sador, protesting against the enactments of this Ukase, and requesting such amica- 
ble explanations as might tend to reconcile the pretensions of Russia in that quarter 
of the globe with the just rights of His Majesty’s Crown and the interests of his 
subjects. 
We object, first, to the claim of sovereignty as set forth in this Ukase; and, sec- 
ondly, to the mode in which it is exercised. 
The best writers on the laws of nations do not attribute the exclusive sovereignty, 
particularly of continents, to those who have first discovered them; and although we 
might on good grounds dispute with Russia the priority of discovery of these conti- 
nents, we contend that the much more easily proved, more conclusive, and more 
certain title of occupation aud use ought to decide the claim of sovereignty. 
Now, we can prove that the English North-West Company and the Hudson’s Bay 
Company have for many years established forts and other trading-stations in a coun- 
try called New Caledonia, situated to the west of a range of mountains called 
523 Rocky Mountains, and extending along the shores of the Pacific Ocean from 
latitude 49° to latitude 60°. 
This Company likewise possess factories and other establishments on Mackenzie’s 
River, which falls into the Frazer River as far north as latitude 66° 30’, from 
whence they carry on trade with the Indians inhabiting the countries to the west of 
that river, and who, from the nature of the country, can communicate with Macken- 
zie’s River with more facility than they can with the posts in New Caledonia. Thus, 
in opposition to the claims founded on discovery, the priority of which, however, we 
conceive we might fairly dispute, we have the indisputable claim of occupancy and 
use for a series of years, which all the best writers on the laws of nations admit is 
the best-founded claim for territory of this description. Objecting, as we do, to this 
claim of exclusive sovereignty on the part of Russia, I might save myself the trouble 
of discussing the particular mode of its exercise as set forth in this Ukase, But we 
object to the sovereignty proposed to be exercised under this Ukase not less than we 
do to the claim of it. We cannot admit the right of any Power possessing the sov- 
ereignty of a country to exclude the vessels of others from the seas on its coasts to 
the distance of 100 Italian miles. We must object likewise to the arrangements 
contained in the said Ukase conveying to private merchant-ships the right to search 
in time of peace, &c., which are quite contrary to the laws and usages of nations 
and to the practice of modern times. 
(Signed) WELLINGTON. 
VERONA, October 17, 1822. 
To Count NESSELRODE. 
[Inclosure 5 in No. 382.—Mémoire Confidentiel.] 
Count Nesselrode to the Duke of Wellington. 
VERONE, le 11 (23) Novembre, 1822. 
Le Cabinet de Russie a pris en mfire considération le Mémoire Confidentiel que 
M. le Due de Wellington lui a remis le 17 Octobre dernier, relativement aux mesures 
adoptées par Sa Majesté ’Empereur, sous la date du (4) 16 Septembre, 1821, pour 
déterminer |’étendue des possessions Russes sur la cdte nord-ouest de ’ Amérique, et 
pour interdire aux vaisseaux étrangers approche de ses possessions jusqwa la dis- 
tance de 100 milles d’Italie. 
Les ouvertures faites & ce sujet au Gouvernement de Sa Majesté Britannique par le 
Comte de Lieven au moment ot cet Ambassadeur allait quitter Londres doivent déja 
avoir prouvé que lopinion que le Cabinet de St. James avait congue des mesures 
dont il s’agit n’était point fondée sur une appréciation entitrement exacte des vues 
de Sa Majesté Impériale. 
