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



It eujoys the privilege of hunting and fishing to the exclusion of all other Rnssian 

 and foreign suhjet-ts throughout the territories long since in the possession of Rus- 

 sian, on the coasts of north-west America, begiuniug at the northern point of the 

 island of Vancouver in latitude 51° north, and extending to Behring Strait and 

 beyond, as well as on all islands adjoining this coast and all those situated between 

 this coast and the eastern shore of Siberia, as well as on the Kurile Islands, where 

 the Company has engaged in hunting down to the south cape of the Island Urupa, 

 in latitude 45° 50'. 



Sir Richard Webster. — The translations there do not quite agree, 

 but it is sufficiently accurate in the United States Case. 



Sir Charles Russell. — Now, still endeavouring not to distract the 



attention of the Tribunal by references to too many books, I would ask 



you to turn to page 132 in this same volume. How far have we got 



in the argument? We have got clearly to the point of 



Nature of the g, distiuct asscrtiou of territorial dominion of a very 



TjkMe of 182L ^ extcudcd kind by Russia, and of territorial jurisdiction of 



an exclusive character, extending 100 miles from land and 



from the islands; which is of course a claim to exclude all persons from 



that extended area. 



The President. — You seem to construe the last clause of the Ukase 

 of 1821 as implying an extension by Russia of the territorial limit. 



Sir Charles Russell. — Yes and so it was. 



The President. — Not of particular jurisdiction, but as an extension 

 of general territorial right of Russia. 



Sir Charles Russell. — Certainly there is a distinct prohibition of 

 any vessel going inside that line, with the penalty of being confiscated 

 if it does go within : with the only exception in favour of a vessel blown 

 within by accident or stress of weather. It is a claim to exclude all 

 persons from coming within that limit. It is an extension to 100 miles 

 of the now universally accepted 3 miles limit. 



Lord Hannen. — I understood you to say you thought the effect 

 878 of it would be to prevent any vessel going into Behring Sea at 

 all because they would infringe the 100 miles. 



Sir Charles Russell. — Yes I did. There is the permission given, 

 which does not detract from the assertion of territorial dominion, to a 

 ship on a voyage of discovery. 



The President. — Yes and with passports. 



Sir Charles Russell. — And a further exception if a ship is blown 

 in by stress of weather. Now that is a serious and grave assertion of 

 rights of sovereignty of Russia; and if after having been notified to 

 foreign Powers, including Great Britain and the United States, they 

 had acquiesced in it, and had made no objection to it, then possibly a 

 case of estoppel or acquiescence by them might have been made out. 



Senator Morgan. — Then, if I understand you, there seems to be no 

 controversy between the parties here as to the fact that Russia asserted 

 exclusive jurisdiction in Behring Sea. 



Sir Charles Russell. — Undoubtedly, and then withdrew it. 



Senator Morgan. — There is a question then as to the withdrawal? 



Sir Charles Russell. — Certainly : our position is that they asserted 

 it on paper, never exercised it, and then withdrew it. Mr. Senator 

 Morgan asked me whether he was to take it that both United States 

 and Great Britain agreed that Russia asserted this territorial dominion 

 in Behring Sea. I said, yesj I understood the other side also agreed 

 in that. 



Mr. Carter. — No. 



Sir Charles Russell. — I thought it was so. 



