ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 153 



the question oftlie territorial claim. 1 tliink I am right in saying that 

 there is nothing about the maritime jurisdiction poition otthe claim. 



I now may pass over a good many of these letters until I come to 

 page 38, a despatch troai Mr. George Canning, to Sir Charles Bagot: 



Sir: I have tbe honour to inclose for yonr Excellency's information, the copy of a 

 despatch received from His Majesty's Minister in America upon the suhiect of the 

 Russian Ukase rehitiuj;' to the north-west coast of America, also of a letter from the 

 Ship-owners' Society upon the same subject, and of a Memorandum of my reply to 

 that letter. 



Your Excellency will observe from Mr. Stratfonl Canning's despatch that the 

 Government of the United States are desirous to join with that of His Majesty in 

 brin;,nng forward some proposition for the definitive settlement of this question with 

 Russia. 



We have no precise information as to the views of the American Government, 

 Mr. Rush not having yet received any instructions upon the subject. It seems 

 probable, however, that the part of the question in which the American Government 

 is peculiarly desirous of establishing a concert with this country is that which con- 

 cerns the extravagant assumption of maritime jurisdiction. Upon this ])<)int, it 

 being now distinctly understood that Russia waives all her pretensions to the prac- 

 tical exercise of the riglits so unadvisedly claimed, the only question will be as to 

 the mode and degree of disavowal with which (jireat liritaiu and the United States 

 might be respectively satisfied. 



Upon tliis i)oint, therefore, such a concert as the United States are understood to 

 desire will be peculiarly advantageous; because, supposinir the disavowal nuule, 

 there is no (lisiiosition on the f>art of His Majesty to press hard u])()u the feelings of 

 the Enj)ier()r of Russia, and it would certainly be more e.asy ibr His Majesty to insist 

 lightly u]ion what may be considered as a point of national dignity, if he acted in 

 this respect in concert with another Maritime Power, than to exact any less degree, 

 either of excuse for the past or of security for the future, than that other Power 

 might think necessary. 



Great Britain and the United States may be satisfied jointly with smaller conces- 

 sions tlian either Power could accept singly, if the demands of the other were likely 

 to be higher tiiau its own. 



I therefore think it best to defer giving any precise instructions to your Excellency 

 on this point until I shall have been informed of the views of the American Govern- 

 ment u]ion it. 



In the meantime, however, you will endeavour to draw from the Russian Govern- 

 ment a proposal of their terms, as we should undoubtedly come much more con- 

 veuicutly to the discussion, and be much more likely to concert an agreement u])()n 

 moderate terms with the American Government if a iiroposal is n)ade to us, th;in to 

 agree in originating one which would be satisfactory at once to both Governments 

 and to Russia. 



The other part of this question, which relates to territorial claim and boundary, is 

 perhaps susce])tible of a separate settlement; of the two principles on which the 

 settlfuieut could be made, viz., joint occujiaucy or territorial demarcation, the latter 

 jS clearly preferable. 



903 I do not think I need troiTble you with that. Then they suggest 



drawing a line at 57°. You see from that, Mr. President, tliat, in 

 private communication at all events, the Eiissian Ministers were reced- 

 ing from the asserti' n of this exclusive nuiritime jurisdiction; that is 

 very clearly shown in the next memorandum from Count Nes.selrode to 

 Count Lieven, on page 39. The first clause of the instructions to the 

 Kussiau cruisers 1 translate thus: 



That the commanders of our .ships of war ought to exercise their surveillance as 

 near as possible to the continent, that is to say, over an extent of sea which reaches 

 a cannon shot from the coast — 



In other words, the marine league — 



and that they ought not to extend this surveillance beyond latitudes in which the 

 American Company has effectively exercised its right of hunting and fishing since 



the epoch of its creation, 



Clause 2. That this surveillance ought to have for its object to repress all fraudu- 

 lent commerce and all attempts to injure the Compnny in troubling the coasts fre- 

 quented by its hunters and tishers, ])reventing all enterprises having for their object 

 to furnish to the aboriginal inhabitants of the country without the consent of the 

 authorities fire-arms, munitions of war and swords. 



