APPENDIX TO CASE OF GREAT BRITAIN, Be 
[Inclosure 6 in No. 382.] 
The Duke of Wellington to Mr. G. Canning. 
VERONA, November 28, 1822. 
Sir: Linclose a copy of a Confidential Memorandum which I gave to Count Nessel- 
rode on the 17th October, regarding the Russian Ukase, and the copy of his answer. 
I have had one or two discussions with Count Lieven upon this paper, to which I 
object, as not enabling His Majesty’s Government to found upon it any negotiation 
to settle the questions arising out of the Ukase, which have not got the better of 
these difficulties; and Linclose you the copy of a letter which I have written to Count 
Lieven, which explains my objections to the Russian ‘‘ Mémoire Confidentiel.” 
526 This question, then, stands exactly where it did. Ihave not been able to do 
apything upon it. 
I have, &c. 
(Signed) WELLINGTON. 
[Inclosure 7 in No. 382.] 
The Duke of Wellington to Count Lieven. 
VERONA, November 28, 1822. 
M. LE Comte: Having considered the paper which your Excellency gave me last 
night, on the part of his Excellency Count Nesselrode, on the subject of our discus- 
sions on the Russian Ukase, I must inform you that I cannot consent, on the part of 
my Government, to found on that paper the negotiation for the settlement of the 
question which has arisen between the two Governments on this subject. 
We object to the Ukase on two grounds: (1) that His Imperial Majesty assumes 
thereby an exclusive sovereignty in North America, of which we are not prepared 
to acknowledge the existence or the extent; upon this point, however, the Memoir 
of Count Nesselrode does afford the means of negotiation; and my Government will 
be ready to discuss it, either in London or St. Petersburgh, whenever the state of 
the discussions on the other question arising out of the Ukase will allow of the dis- 
cussion. 
The second ground on which we object to the Ukase is that His Imperial Majesty 
thereby excludes from a certain considerable extent of the open sea vessels of other 
nations. We contend that the assumption of this power is contrary to the law of 
nations; and we cannot found a negotiation upon a paper in which it is again 
broadly asserted. We contend that no Power whatever can exclude another from 
the use of the open sea; a Power can exclude itself from the navigation of a certain 
coast, sea, &c., by its own act or eugagement, but it cannot by right be excluded by 
another. This we consider as the law of nations; and we cannot negotiate upon a 
paper in which a right is asserted inconsistent with this principle. 
I think, therefore, that the best mode of proceeding would be that you should 
state your readiness to negotiate upon the whole subject, withoitt restating the objec- 
tionable principle of the Ukase which we cannot admit. 
Ihave, &c. 
(Signed) WELLINGTON, 
{Inclosure 8 in No. 382.] 
The Duke of Wellington to Mr. G. Canning. 
VERONA, November 29, 1822. 
Sie: Since I wrote to you yesterday I have had another conversation with the 
Russian Minister regarding the Ukase. It is now settled that both the Memoran- 
dums which I inclosed to you should be considered as non avenus, and the Russian 
Ambassador in London is to address you a note in answer to that of the late Lord 
Londonderry, assuring you of the desire of the Emperor to negotiate with you upon 
the whole question of the Emperor’s claims in North America, reserving them afl if 
the result of the negotiation should not be satisfactory to both parties. 
This note will then put this matter in a train of negotiation, which is what was 
wished. 
I have, &c. 
(Signed) WELLINGTON. 
