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



lated, and almost entirely by tlie aboriginal population, it had not 

 assumed any great commercial value as a i)athway of commerce. There 

 had been no important settlements on the American coast, and the 

 questions of what right JUissiahad acquired by discovery, or by posses- 

 sion, were of a largely indeterminate character. That, broadly stated, 

 was the position of tbings when the Ukase of 1799 was ]3romulgated 

 by Kussia. 



The Fkase of 1799. 



Upon this Ukase I must say a word, although again it is not neces- 

 sary to trouble the Tribunal by referring to any particular document in 

 relation to it. Legislation by Ukase I take to be the mode which the 

 Constitution, or the system of Government I had perhaps better say, of 

 Russia, employs for conveying its soA^ereigu will. That Ukase of 1799 

 has, I think been a little misstated by my friends on the other side. 

 Its history is given in the British Case; the Ukase itself is on page 25. 

 I may dispose of it as far as I am concerned by very general observa- 

 tions. In truth this Ukase was aimed at consolidating the rival Eussian 

 interests concerned in the trade in the Eussian possessions upon the 

 American coast. It was not directed against foreigners — indeed there 

 were very few foreigners against whom it could be directed at that time. 

 It shows that it was aimed at consolidating local IJussian interests in 

 one powerful monopoly; which one powerful monopoly should, bj' its 

 strength and its own inherent force be able to resist j)ossible competi- 

 tion, signs of which were beginning to grow up. In that sense undoubt- 

 edly it was aimed at foreigners, but in that sense only. 



Now it begins by a statement of the claim of Eussia by right of dis- 

 covery; and then it goes on, in clause 1, to say: 



We most graciously permit the company to have the use of all hunting grounds 

 and establishments now existing on the north-eastern — 



that ought to be north western — 



coast of America from the above-mentioned 55th degree to Behring Strait and on 

 the same also on the Aleutian, Kurile, and other islands situated in the north- 

 eastern ocean. 



Clause 2 relates to making new discoveries, which I need not read. 

 The remaining important clauses are as follows: 



3. To use and profit by everything which has been or shall be discovered in those 

 localities, on the surface and in the bosom of thie earth, without any competition by 

 others. 



5. To extend their navigation to all adjoining nations and hold business inter- 

 course vpith all surrounding powers under our highest protection to enable them to 



prosecute their enterprises with greater force and advantage. 

 871 6. To employ for navigation, hunting, and all other business, free and unsus- 



pected people — 



and so on. 



8. For shooting animals, for marine signals, and on all unexpected emergencies on 

 the mainland of America and on the islands, the Company is permitted to buy for 

 cash at cost price, from the Government artillery magazine at Irkutsk, yearly so 

 many ponds of powder — 



and so on. 



10. The exclusive right most graciously granted to the company for a period of 20 

 years, to use and enjoy, in the above described extent of county and islands, all 

 profits and advantages d(>riA'ed from hunting, trade, iudnstries, and disi^ovei'y of 

 new lands prohibiting the enjoyment of those profits and advantages not only to 

 those who would wish to sail to tiiose countries on their own accouut, but to all 

 former hunters and trappers. 



