ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 159 



Mr. Middleton, on the part of tlie United States, and Count Nesselrode and Mr. 

 Poletica on the part of Russia. We understand that the Convention consists of six 

 Articles, in which all the i)()ints in dispute between the two Governments are 

 adjusted in a manner the most honourable and advanlageons to this coniitry. 



The 1st Article authorizes the free navigation of the Pacific Ocean by both Parties, 

 and recognizes the right of fishing and of landing on all points of the west coast 

 not already occupied, in order to trade with the aborigines. 



2nd Article provides that the citizens or subjects of neither country shall land at 

 points occupied by either, without the permission of the Governor or Commandant. 



3rd Article tixesthe boundary-line at 54 degrees, north of which the United States 

 are not to form Establishments, and south of which Russia cannot advance. 



4th Article allows i'ree entrance to both Parties for ten years into all the gulfs, 

 harbours, etc., of each for the purposes of tishing and trading with the natives. 



5th Article interdicts a trade in lire-arms and liquors, and provides that violations 

 of this Article shall be punished not by seizure of the vessel, but by penalties to be 

 jjrescribed by each Government on its own citizens or subjects. 



6. This Article prescribes that the ratification shall be exchanged within ten 

 months from the date of the Treaty. 



This Convention nuiy be regarded as a second signal effect of the manly and inde- 

 pendent Message of our President to the late Congress. If the Emperor Alexander 

 had left it to our own Government to fix the terms of the Treaty, it could not more 

 completely have secured all our interests in the Pacific. We congratulate the coun- 

 try upon this new evidence of the excellence of the system which has been pursued 

 by our present Administration. 



Now, in the face of tbat, can anything in this world be clearer why- 

 it is that Mr. Canning says, "you have been pressing me about this 

 American Treaty. Here is the American Treaty. Ho such limitation 

 north of 59 degrees at all." 



Now, sir, I think I have explained the point you referred to. 

 910 Mr. Justice Harlan. — Will you point me again to the docu- 



ment which shows that Count Lieveu was pressing that impor- 

 tant view about 59 degrees'? 



Hir Charles Russell. — That appears only from the Projet to 

 which I have already referred. It is called Counter Draft of the Eus- 

 sian Plenipotentiaries. It is on page G9. 



Mr. Justice Harlan. — Which of the articles is that? 



Sir Charles Russell. — Article III — beginning with the first para- 

 graph of Article HI. 



My friend says in reference to the suggestion, that I made — a sug- 

 gestion which 1 thought was probable, namely, that he had been put- 

 ting forward the American Treaty, that there is no evidence in the 

 correspondence that he was using the American Treaty as an argument 

 in that direction. That does not appear in the correspondence, but he 

 was pressing forward that projet; and the answer is the answer I have 

 given. He says triumphantly to Count Lieveu, "No limitation hereof 

 59 degrees", and in eh'ect he says " We are not going to be satisfied 

 with less than the United States people have secured under their 

 Treaty." That is the purport and character of the negotiation, and on 

 that basis the negotiation proceeds. 



I am afraid I shall have to go through the Treaty at some length, 

 and I would prefer to do that to morrow. 



The Tribunal accordingly adjourned until Wednesday, May 17, 1893, 

 at 11.30 o'clock A. M. 



