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



interclictinj;: to all commercial vessels other than Russian, ujion the penalty of seiznre 

 and confiscation tho approach upon the high seas withiQ 100 Italian jniles of the 

 shores to which that claim is made to apply. 



There is nothing more in that letter which I need read, except at the 

 top of page 133, where you will find this sentence: 



To exclude the vessels of our citizens from the shore beyond the ordinary distance 

 to which the territorial jurisdiction extends has excited sitill greater surprise. This 

 ordinance alfects so deeply the rights of the United States. — 



And so on. Now M. de Poletica does not shrink from the assertion 

 of what his case is, and at page 133 of volume I of the Appendix to the 

 Case of the United States is his letter in which he says boldly. 



I shall be more succinct, Sir, in the exposition of the motives which determined 

 the Imperial Government to prohibit foreign vessels from approaching the north 

 west coast of America — 



880 You will observe the use of this phrase: 



belonging to Russia within the distance of at least 100 Italian miles. This meas- 

 ure, however severe it may at first appear, is after all but a measure of prevention. 

 It is exclusively directed against the culpable enterprises of foreign adventurers 

 who, not content with exercising, upon the coasts above mentioned, an illicit trade, 

 very prejudicial to the rights reserved entirely to the Russian-American Company, 

 take upon them besides to furnish arms and ammunition to the natives in the Rus- 

 sian possessions in America, exciting them likewise in every manner to resist and 

 revolt against the authorities there established. 



I pause for one moment. You will observe that he speaks there of 

 " the exposition of the motives " which have prompted this. I want to 

 point out that my learned friend, in treating of what was the effect of 

 this legislation of Russia, has confounded motive with effect. It may 

 well be that my friend is quite right in saying that the motive which 

 the Eussian Government had was to protect this trade and commerce, 

 and these interests, on the coasts. That might have been its motive; 

 but its legislation took the form of an assertion of territorial sov- 

 ereignty to the extent which I have mentioned. Then M. de Poletica 

 goes on to say: 



The American Government doubtless recollects that the irregular conduct of 

 these adventurers, the majority of whom was composed of American citizens, has 

 been the object of the most pressing remonstrances on the part of Russia to tiie Fed- 

 eral Government from the time that diplomatic missions were organized between the 

 two countries. 



Then a little lower down he says : 



Pacific means not having brought any alleviation to the just grievances of the 

 R issian American Company against foreign navigators in the waters which environ 

 their establishments on the north-west coast of Ajiierica, the Imperial Government 

 saw itself under the necessity of having recourse to the means of coercion, and of 

 measuring the rigour according to the inveterate character of the evil to which it 

 wished to put a stop. 



He then procc eds : 



I ought in the last place to request you to consider. Sir, that the Russian posses- 

 sions in the Pacific Ocean extend on tlie North-west coast of America from Behring 

 Sea to the 5l8t degree of north latitude, and on the opposite side of Asia, and the 

 islands adjacent, from the same strait to the 45th degree. 



The Tribunal will remember that in the Dkase of 1799 the claim was 

 only made to the 55th degree. 

 Then M. de Poletica proceeds: 



The extent of sea of which those possessions form the limits, comprehends all the 

 conditions which are ordinarily attached to shut seas (mers ferm^es) and the Russian 

 Government might consequently judge itself authorized to exercise upon this sea 



