ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 99 



The Treaty betwoou Russia and Groat Britain contains substantially the same pi'o- 

 visions. Neither in the Treaties nor in the correspondence, is any reference made to 

 Russia's claim of dominion over the Bihring Sea. If in the diplomatic correspond- 

 ence leading n]} to the Treaty any clialleuge as to the jurisdiction of Behring Sea 

 had been made, why was it not settled by the Treaties? Did the High Contracting 

 Powers to these Treaties enter into a discussion lasting nearly two years as to one 

 matter and make adjustment by Treaty as to other matters f 



The Convention between Russia and Great Britain aside from disposing of the 

 question of Russia's asserted sovereignty ov^er the Paciiic Ocean and fixing the 

 Southern limit of her possession on the western coast of Nortli America, also estab- 

 lished the dividing line of their respective North American possessions from 54.40 

 north to the frozen ocean, which boundary-line is incorporated verbatim into the 

 Ti'caty of Cession of 1867 from Russia to the United States. (Treaty of 1867, 

 Artitiel.) 



If differences existed as to the dominion of the Behring's Sea, why were they 

 not also settled, as that manifestly would be a part of the object of holding the 

 Convention ? 



liussid's jurisdiction. 



It cannot be successfully maintained that by such terras as the "Great Ocean" the 

 "Pacific Ocean" or the " South Sea", the High Contracting Powers referred to the 

 Behring's Sea. Aside from this, it is stipulated in both Treaties that the ships, citi- 

 zens, and subjects of either Powers may reciprocally frequent the interior seas, gulfs, 

 harbours, and creeks of the other on the North American coast for a period of ten 

 years. The only interior sea on the North American Coast was the Behring's Sea 

 held by Russia. If that was a part of the "Pacific Ocean", or the "Great Ocean", 

 or the "South Sea", or belonged to the high seas under the law of nations, why the 

 term "interior sea" and why should the United States and Great Britain accept a 

 ten years' limit of the right of navigation, fishing, and trading in an interior sea if 

 they had the unconditional right to frequent those waters under the law of nations? 



This section of tlie Treaty, therefore, really concedes Russia's dominion over Beh- 

 ring's Sea. Chancellor Kent alludes to this subject as the "claim of Russia to sov- 

 ereignty over the Pacific Ocean north of the 51st degree of latitude". (Kent Vol. 

 l,p.28.) 



A summary of results following the discussions and Conventions as to the Royal 

 Ordinance of 1821 is the abandonment by Russia of her claim to sovereignty over 

 the Pacific Ocean; a surrender of her claim to the North American coast south of 

 54 degrees 40; a settlement by Russia and Great Britain as to the boundary-line 

 of their possessions in North America; agreements as to settlements upon 

 839 each other's territory and navigation of each other's waters, but no surrender 

 of Russia's jurisdiction over the Behring's Sea. 



Powers of Congress. 



Upon this branch of the subject, the power of Congress, over Behring's Sea, there 

 seems to be little room for discussion. The power of a nation to control its own 

 dominions is one of the inherent elements of sovereignty. 



"When a nation takes possession of certain parts of the sea, it takes possession 

 of the empire over them as well as of the domain on the same principles which are 

 advanced in treating of the land. These parts of the sea are within the jurisdiction 

 of the nation and a part of its territory; the Soxereign commands them; he makes 

 laws and may punish those who violate them; in a word, he lias the same rights 

 there as on the land, and in general every right which the laws of the State allow 

 him". (Vattel's "Law of Nations ", p. fSO.) 



Bv the Treaty of 1867, "the cession of territory and dominion therein made is 

 declared to be free and unencumbered by any reservations, privileges, franciiises, 



grants or possessions and conveys all the rights, franchises, and privileges now 



belonging to Russia in the said territory or dominion and the ajipurtenances thereto ". 

 (Treaty Article 6.) 



The Constitution of the United States declares that all Treaties made under the 

 authority of the United States shall be the supreme law of the land. (Constitution 

 of the United States, Article 6.) 



That same instrument vests in Congress "the power to make all needful rules and 

 regulations respecting the territory or other property Ijelongingto the United States ". 

 (Constitution of the United States, Article 4 section 3.) 



Manifestly, the Acts of Congress contained in chapter 3, Revised Statutes of the 

 United States, "relating to the unorganized Territorj' of Alaska", and under Avhich 

 the information is brought, are embraced within these constitutional provisions. 



