ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 133 



Mr. Carter.— What may be the effect of the Ukase is one thing, but 

 what Knssia. intended by it is another. She did not intend in our view- 

 to assert exclusive jurisdiction; that is disavowed. 



Sir Charles Russell. — At all events, I may repeat the remark 

 which I just made— that Russia did assert territorial sovereignty, but 

 that she asserted it only on paper; that she never exercised it; and, 

 that, by the Treaty, she disclaimed it. That is the answer which I 

 make to Senator Morgan. I may point out now that whereas we state 

 the greatest distance between the islands at 190 miles, my friends put 

 the distance at 205 miles. 



Lord Hannen.— Is that tbe difference between the Pribilof Islands 

 and the Aleutian Chain? 



Sir Charles Russell, — No. 



Lord Hannen. I thought it was. 



Sir Charles Russell. — It is between "Attn Island," and the "Com- 

 mander Islands". At the same time I may point out that that does 

 not make any difference, because they say at the beginning of their 

 Case, that unless otherwise stated all measurements are given in 

 English statute miles. The English statute mile is 1,700 yards; but 

 the Italian mile of the Ukase is the same as a geographical mile, which 

 "is about 2,000 yards; so that practically there is no importance in the 



difference of measurements. 

 879 Lord Hannen. — At page 16 the United States Case speaks of 



the Pribilof Islands. It says : 



It is of volcanic origin and far removed from other land, the nearest adjacent 

 points being Unalaska Island, at a distance of two hundred and fourteen miles to 

 the southward. 



That is the distance of the Pribilof Island group. 



Sir Charles Russell. — That is quite right my Lord ; that is another 

 passage. 



Lord Hannen. — It would be a curious coincidence if that should be 

 stated to be 214 miles in both of the cases. 



Sir Charles Russell. — The other is 205. 



Lord Hannen. — Yes, I beg your pardon. 



Sir Charles Russell. — The distance from Attn to the Commander 

 Islands is stated to be 205 statute miles. 



Lord Hannen. — As a matter of fact, I took some steps to ascertain 

 the exact distance and I believe it is 175 miles from Attn Island to the 

 Commader Islands. 



Sir Richard Webster. — We put it at 195 miles, and they say it is 

 205. It is not a matter of any importance. 



[Sir Richard Webster indicated the position on the map.] 



Sir Charles Russell. — I have said, here is a broad and bold asser- 

 tion of sovereignty by Russia. If Great Britain and the United States 

 had acquiesced in that assertion, then there might have been possible 

 grounds for putting forward a claim grounded upon acquiescence, or, as 

 lawyers would call it, upon estoppel against the acquiescing or consent- 

 ing Powers. How did they act? First of all, how did the United States 

 Government act? I have referred you to page 132 of the Protest of 

 correspondence, in Appendix to the United States Case, united states. 

 Volume I and on that page is to be found Mr. Quiucy Adams's letter 

 of the 25th of February, 1822, in which he says : 



I am directed hj the President of the United States to inform you that he has seen 

 with surprise in this edict the assertion of a territorial claim on the part of Russia, 

 extending to the Blst degree of north latitude on this continent, and a regulation 



