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



pose he advanced it because it had already been advanced in theargn- 

 uient of Mr. Bhiine in one of his letters; but my surprise at my learned 

 friend advancing it is because, when looked at, it is the strongest cou- 

 firmation of the construction of the Treaty of 1824 on which we are 

 insisting. Wliat had happened*? The Trading Company was, appar- 

 ently, alarmed that there might be some restriction of those rights, as 

 indeed there were. The Company was composed of influential persons. 

 It had construed the Treaty in the sense in which we are construing it, 

 and they wanted to see whether, before it was actually signed, there 

 might not be something which, as regards the effect upon them and 

 their rights under the Charter, might not be mitigated. Accordingly, 

 we have that very interesting record at page 203 of Volume I of the 

 Appendix to the United States Case, the passage in question being at 

 page 276. This is the long letter of the 17th of December, 1890, from 

 Mr. Blaine to Sir Julian Paunceforte. 



Baron Tuyll, the Russian Minister, wrote me a note yesterday requesting an imme- 

 diate interview, in consequence of instructions received yesterday from his Court. 

 He came, and after intimating that he was under some embarrassment, [very nat- 

 urally] in executing his instructions, said that the Riissian-American Company, 

 upon learning the purport of the Northwest Coast Convention concluded last June 

 by Mr. Middleton, were extremely dissatisfied {a jete de hauts cris), and, by means of 

 their influence, had prevailed upon his Government to send him these instructions 



upon two points. One was that he should deliver, upon the exchange of the 

 892 ratifications of the Convention, an explanatory note purporting that the Russian 



Government did not understand that the Convention would give liberty to the 

 citizens of the United States to trade [where?] on the coast of Siberia and the 

 Aleutian Islands. The other was to propose a modification of the Convention by 

 which our vessels should be prohibited from trading on the northwest coast north of 

 latitude 57°. 



You observe, therefore, that he wa^ to explain the Kussiau meaning 

 as to the liberty of the citizens of the United States to trade on the 

 coast of Siberia and the Aleutian Islands. What was the other point? 



To propose a modification of the Convention, by which our vessels should be pro- 

 hibited from trading on the northwest coast North of latitude 57"^ [you see, a modi- 

 fication.] With regard to the former of these points he left with me a minute in 

 writing. 



With this preliminary statement, Baron Tuyl, in accordance with instructions from 

 his Government, submitted to Mr. Adams the following note : 



EXPLAJS^ATOKY NOTE FROM RUSSIA. 



Explanatory note to be presented to the Government of the United States at the 

 time of the exchange of ratifications, with a view to removing with more certainty 

 all occasions for future discussions; by means of which note it will be seen that the 

 Ale.utian Islands, the coasts of ^Siberia, and the Russian Possessions in general on the 

 Northicest Coast of America to 59*^30' of north latitude are positively excepted from 

 the liberty of hunting, fishing, and commerce stipulated in favour of citizens of the 

 United States for ten years. 



Therefore, you observe that Baron de Tuyll and his friends, the Amer- 

 ican Company behind him, read the Treaty as we have been contend- 

 ing that Treaty can only be read, as giving the liberty of visit for ten 

 years to the whole of the northwest coast; and this is his argument. 

 He says : 



This seems to be only a natural consequence of the stipitlations agreed upon, for 

 the coasts of Siberia are washed by the Sea of Okhotsk, the Sea of Kamschatka, and 

 the Icy Sea, and not by the South Sea mentioned iu the first article of the Convention 

 of April 5-17 (1824). Tlie Aleutian Islands are also washed by the Sea of Kamschatka, 

 or Northern Ocean. 



It is not the intention of Russia to impede the free navigation of the Pacific Ocean. She 

 ■would be satisfied with causing to be recognized, as well understood and placed, 

 beyond all manner of doubt — 



