ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C M. P. 149 



He was a lawyer of jjreat learning, ability and autliority; and he 

 treats it as a claim of territoiial dominion. Then he proceeds: 



I know too little of the liistory of their connection with either islands or conti- 

 nents to say with coulidence that such a possession has in this case been acquired. — 



and so forth. 



He then proceeds to discuss the question, which lias merely an aca- 

 demic interest at the present stag'e of the controversy, as to how far 

 tlie mere right of discovery without actual possesvsion would give tlie 

 right to territory, with which we need not now trouble; and he finally 

 winds up by saying: 



I content myself with observing npon the Regulations themselves that they are 

 carried to an extent that apjjcars very unmeasured and insupportable. 



Then on page 13 there is a communication to the Board of Trade, 

 from wiiich I read a short extract, in order to point out that it refers to 

 the fact of there being some trade with Great Britain in the Behring 

 Sea. 



Two British ships nearly about the same time that the above ship sailed for the 

 coast of ,Jap:in sailed for the whale fishery on the northwest coast of America, we 

 believe into Behriug Straits. 



We have no doul)t if we are protected in a, fair trade (not with China) and fishery 

 in the North Pacilic Ocean, that British enterprise will find some islands in that 

 great ocean which may have been overlooked by the Russians and Americans, 



and so forth. 



Then at page 14 there is an important letter from Lord Lon- 

 898 donderry who was then Foreign Secretary of Great Britain. It 

 is dated the 18th January 1822. This letter refers to the north 

 western coast of America. The second jiaragraph begins thus: 



This document, containinu; Regulations of great extent and importance, both in 

 its territorial and maritime bearings, lias been considered with the utmost attention, 

 and with those favourable sentiments which His Majesty's Government always bear 

 towards the acts of a State which His Majesty has the satislaction to feel himself 

 connected, by the most intimate ties of friendship and alliance; and haviui;' been 

 referred for the re])()rt of those high legal authorities, whose duty it is to advi.se His 

 Majesty on such matters. 



The undersigned is directed, till such friendly explanations can take ]dace between 

 the two Governments as may obviate misunderstanding upon so delicate and impor- 

 tant a point, to make such provisional protest against the enactments of the said 

 Ukase as may fully serve to save the rights of His Majesty's Crown, and may pro- 

 tect the peisons and iirojjerties of His Majesty's subjects from molestation in the 

 exercise of their lawful callings in that qnarter of the globe. 



Tlie umlersigned is connnanded to acquaint Count Lieven that it being the King's 

 constant desire to respect, and cause to be respected by his subjects in the inJlest 

 manner, the Emi)eror of Russia's just rights, His Ma.esty will be ready to enter into 

 amicable explanations upon the interests affected by this instrument, in such man- 

 ner as may be most accei)table t<» His Imperial Majesty. 



In the meantime, upon the subject of this Ukase generallj', and especially upon 

 the two nuiin princijjles of claim laid down therein, viz, an exclusive sovereignty 

 alle.i;ed to belong to Russia over the territories therein described, as also the exclu- 

 sive right of navigating and trailing within the maritime limits tlierein set forth, his 

 Britannic Majesty must be understood as hereby reserving all his rights, not being 

 prepared to adndt that the intercourse which is allowed on the face of this instru- 

 ment to have hitherto subsisted on those coasts, and in those seas, can be deemed to 

 be illicit, or that the ships of friendly Powers, even sup|)osing an nuqualitied sover- 

 eignty was proved to appertain to the Imperial Crown in these vast a:;d very imper- 

 fectly occupied territories, could, by the acknowledged law of nations, be excluded 

 from navigating within the distance of 100 Italian miles as therein laid down from 

 the coast, the exclusive dominion of which is assumed (but, as His Majesty's Govern- 

 ment conceive, in error) to belong to His Imperial Majesty the Emjieror of All tlie 

 Russias. 



I have already pointed out the position which Mr. Quincy Adams 

 took up: that the United States can admit no part of this claim. I 



