ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 155 



it, communicated to two foreign Powers; a prompt refusal by those 

 Powers to recognize the rights on the basis on which it puriwrted to 

 support them: and finally, a suspension of the Ukase, fully admitted 

 by November of 1823. Did either Russia — it is no longer a question of 

 what Great Britain did — but did either Russia or Great Britain ever 

 retire from that position? Clearly not. 



Then follows a long correspondence, a great part of which is conver- 

 sant with the territorial claim, with which I need not trouble you; but 

 there is rather an important passage on page 65 in Mr. George Can- 

 ning's letter. Certain projects had passed between the parties which 

 it would take me a great deal too long to go through. But on the 24:th 

 of Jnly, 1824, the points in difference had been reduced to very few; 

 and Mr. George Canning writing to Sir C. Bagot says: 



The " Projet " of a Convention which is inclosed in my No. 26 having been commu- 

 nicated by me to Count Lieven, with a request that his Excellency would note any 

 points in it upon which he conceived any difficulty likely to arise, or any explana- 

 tion to be necessary, 1 have received from his Excellency th« Memorandum a copy of 



which is herewith inclosed. 

 905 Your Excellency will observe that there are but two points which have struck 



Count Lieven aa susceptible of any question. The first, the assumption of the 

 base of the mountains instead of the summit as the line of boundary. 



That, you will understand, Mr. President, relates merely to the lisidre. 



The second, the extension of the right of the navigation of the Pacific to the sea 

 beyond Behriug's Straits. 



How can it be said that there was any question about the intervening 

 sea, that is Behring Sea itself, when the question had resolved itself 

 into the right of navigation in the sea beyond Behring Straits. 



As to the first, no great inconvenience can arise from your Excellency (if pressed 

 for that alteration) consenting to substitute the summit of the mountains instead of 

 the seaward base, provided always that the stipulation as to the extreme distance 

 from the coast to which the lisiere is in any case to run be adopted (which distance 

 I have to repeat to your Excellency should be made as short as possible), and pro- 

 vided a stipulation be added that no forts shall be established or fortifications erected 

 by either party on the summit or in the passes of the mountains. 



As to the second point, it is perhaps, as Count Lieven remarks, new. But it is to 

 be remarked in return, that the circumstances under which the additional security 

 is required will be new also. 



By the territorial demarcation agreed to in this Projet Russia will become pos- 

 sessed, in acknowledged sovereignty of both sides of Bihring's Straits. 



The Power which could think of making the Pacific a mare claiisum may not unnat- 

 urally be supposed capable of a disposition to apply the same character to a strait 

 comprehended between two shores of which it became the undisputed owner; but 

 the shutting up of Beliring's Straits, or the power to shut them up hereafter, would 

 be a thing not to be tolerated by England. 



Nor could we submit to be excluded, either positively or constructively, from a sea 

 in which the skill and science of our seamen has been and still is employed in enter- 

 prises interesting not to this country alone, but to the whole civilized world. 



The question of the iSTorthwest Passage, if I am not wrong, was then 

 a matter that was agitating the minds of men of enterprise. 



The protection given by the Convention to the American coasts of each Power 

 may (if it is thought necessary) be extended in terms to the coasts of the Russian 

 Asiatic territorj ; but in some way or other, if not in the form now prescribed, the 

 free navigation of Behring' Straits and of the seas beyond them must be secured 

 to us. 



These being the only questions suggested by Count Lieven, I trust I may antici- 

 pate with confidence the conclusion and signature of the Convention, nearly in con- 

 formity to the " Projet", and with little trouble to your Excellency. 



It is almost needless that I should pause here. They were discussing 

 the freedom of navigation in the Arctic Ocean beyond the Behring Sea, 

 and about the avenue to the Arctic Ocean, the Behring Strait; and yet 



