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



Is there any one Member of the Tribunal in whose mind there is 

 the slightest doubt that in this Treaty (which was a Treaty to cover 

 the whole area of the dispute, in order to settle once and for ever the 

 pretensions of the Ukase of 1821 with its assertion of jurisdiction) 

 it was intended by the use of the words " in any part of the Ocean 

 commonly called the Pacific Ocean ", to include Beliring Sea? Is there 

 the slightest doubt that it was not intended to exclude from that term 

 '' Pacific Ocean" a vast extent of sea measuring from north to south 

 something like 1,400 miles and from east to west in its widest part 

 something like 1,000 miles? 



Now I go on to Article II, which says : 



In order to prevent the right of navigating and fishing exercised upon the ocean 

 by the Contracting Parties, from becoming the pretext for an illicit commerce, it is 

 agreed that the subjects of His Britannic Majesty shall not land at any place where 

 there may be a Russian establishment without the permission of the Governor or 

 Commandant: and, on the other hand, that Russian subjects shall not land without 

 permission at any British establishment on the north-west coast. 



Then Article III, says : 



The line of demarcation between the possessions of the High Contracting Parties 

 upon the coast of the continent and the islands of America to the north-west, shall 

 be drawn in the manner following. 



I need not trouble the Tribunal to follow that line of demarcation, but 

 the concluding words of the description are not unimportant. After 

 describing the course of the line nearly up to the Arctic Ocean, the 

 Article concludes with these words: 



Shall form the limit between the Russian and British jiossessions on the continent 

 of America to the north-west. 



What does that mean except the north-west coast of America? 



Then there is a stipulation as to the mode in which the inland bound- 

 ary is to be drawn, namely, that it is not to exceed 10 marine leagues 

 from the ocean, following the line of mountains where they do not 

 exceed 10 marine leagues. Then it proceeds in Article V to say: 



It is moreover agreed that no establishment shall be formed by either of the two 

 parties within the limits assigned by the two jTecediug Articles to the possessions 

 of the other; consequently British subjects shall not form any establishment 



I call attention to this language 



either iipon the coast or upon the border of the continent 



that is the lisiere 



919 comprised within the limits of the Russian possessions as designated in the two 

 preceding Articles, and, in like manner no establishment shall be formed by 

 Russian subjects beyond the said limits. 



Then Article VI says : 



It is understood that the subjects of His Britannic Majesty, from whatever quar- 

 ter they may arrive, whether from the ocean or from the interior of the continent, 

 shall for ever enjoy the right of navigating freely and without any hindrance what- 

 ever, all the rivers and streams which in tlieir course towards the Pacific Ocean may 

 cross the line of demarcation upon the line of coast described in Article III of the 

 present Convention. 



That clearly applies to the lisiere; and it is a provision that, the crest 

 of the mountains when they do not exceed 10 marine leagues from the 

 coast being the dividing line, there is to be a right of navigation of rivers 

 which would be the means of reaching the British possessions behind 

 that 10-league strip, and therefore the stipulation is that for ever there 

 shall be the right to navigate these rivers freely and without hindrance. 



