130 ORAL ARGUMENT OP SIR CHARLES RUSSELL, Q. C. M. P. 



If the Tribnnal will follow this on the map, it will be seen 



875 that that describes a circle. It is made still clearer in section 

 I. "The pursuits of commerce, whaling and fisher^'", — you will 



observe that, though my friends say that this Ukase was for the pro- 

 tection of fur-seals, there is no reference iu it to fur-seals at all; but 

 there is a reference to other forms of fishing. 



The pursuits of commerce, whaling, aurt fishery, and of al) other industry on all 

 islands, ports and gnlfs including the whole of the northwest coast of America, 

 beginning from ijehring's Straits to the 51" of northern latitude, also from the 

 Aleutian Islands to the eastern coast of Siberia, as well as along the Kurile Islands 

 from Hehring's Straits to the South Cape of the Island of Urup, namely, to the45'^50 

 northern latitude, is exclusively granted to Russian subjects. 



Again, the Tribunal will see that the whole line of that coast is indi- 

 cated by the geueral description of Russian assertion of dominion. On 

 the western side of the Behring Sea, and on the coast of Siberia, from 

 Behring Straits along the coast down to 45°50 of latitude ; on the Ameri- 

 can side from Behring Straits to 51° of northern latitude, described as 

 the " northwest coast of America". Now that is uumistakeable. 



It is therefore prohibited to all foreign vessels not only to land on the coasts and 

 islands belonging to Russia as stated above, but also to approach them within less 

 than a hundred Italian miles. The transgressor's vessel is subject to confiscation 

 along with the whole cargo. 



Now, let me point out, Mr. President, when my learned friends say 

 the Treaties of 1824 and of 1825 left Behring Sea untouched, and that 

 Behring Sea was not included in the phrase " Pacific Ocean," that if it 

 was untouched, so far as Behring Sea is concerned, it must have been a 

 closed sea, a ntare clausum: because there is no opening into Behring 

 Sea from the south or from the north that exceeds 200 miles. You will 

 find, on page 47 of our Counter-Case, the exact width of all the passes 

 is given, and the greatest pass is that between Attn Island and Copper 

 Island, which is 190 miles only. If the jurisdiction is extended 100 

 miles from each of the Islands, the two zones, of course, meet, and the 

 sea becomes a mare clausum. 



I do not think there is a great deal to be said in calling attention to 

 the details of the Rules issued with this Ukase, but there are two or 

 three to which I must refer. Section 3 requires to be noticed. 



Mr. Justice Harlan. — The Oases of both Governments agree in the 

 translation of section 1 which you have read; but I observe that in a 

 letter of Mr. Blaine to Sir Julian Pauncefote, at page 226 of the United 

 States Appendix, volume I, he gives sections 1 and 2 of the Ukase of 

 1821; and it differs from the one you have read. I do not know where 

 he got his translation. There seems to be no reference to it anywhere. 



Sir Charles Russell. — Does it materially difler? 



Mr. Justice Harlan. — Well, there is some change of phraseology. 



Instead of the words "including the whole of the northwest coast of 



America", it reads "and in general, all along the north-western coast 



of America". The translation you have read contains the words 



876 "from the Aleutian Islands to the eastern coast of Siberia", 

 while Mr. Blaine's translation reads, "on the Aleutian Islands 



and along the eastern coast of Siberia." 



Sir Charles Russell. — I do not know where he got it from. It 

 does not seem very important. 



Mr. Justice Harlan. — No; I do not know that it is. 



Sir Charles Russell. — It would seem to put it rather stronger: 

 '••And, in geueral, all along the north-western coast of America from 

 Behring Strait." It is stronger, but not material j but I take the trans- 



