ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 173 



page 27, you will find the docnraeut at tlie bottom of that page headed, 

 "Confirmation of Charter of 1821". This confirmation was, in fact, 

 published by the Senate on March 29th (April 10th) 1829, five years 

 after the Treaty with the United States, and four years after the 

 Treaty with Great Britain. If Kussia was acting, as we assume she 

 was, in good faith in the matter, you would expect to see a recognition 

 of these Treaties, and of the fact of limiting the rights which could be 

 properly granted to the difi'erent subjects, and, accordingly, you do find 

 it on page 28. 



The limits of navigation and industry of the Company are determined by the 

 treaties concluded with the United States of America 5 (17), 1824, and with England 

 February 16 (18), 1825. 



In all the places allotted to Russia by these Treaties there shall be reserved to the 

 Company the right to profit by all the fur and lish industries, to the exclusion of all 

 other Russian subjects. 



You see the change at once. Then comes Article VII. 



All the articles of these rules and of the privileges published together with them, 

 which are not limited by the aforesaid Treaties, and which are not contrary to the 

 Ukase of October 14th, 1827, concerning outrance into service, shall remain in full 

 force. 



Therefore, it is the clearest recognition that they had no longei 

 927 the right to exclude foreigners from the pursuit of fishing, because 

 the power in the first was exclusive of all other Eussian and of 

 all foreign subjects. In the confirmatory Charter of 1829, it is Eussian 

 subjects only; and the powers granted to Eussian subjects are to be 

 determined and limited by the effect of those Treaties. 



Mr. Justice Harlan. — Do you construe that to mean that Eussia 

 intended foreign subjects to profit in the far and fish industries which 

 would otherwise beloug to Eussia? 



Sir Charles Eussell. — No; I have said nothing that would bear 

 that meaning. In the Treaty, so far as there were exclusive rights 

 given, of course, she had a right to deal with them; but I deal with the 

 one point only, and do not want to be led away to others, of the recog- 

 nition of the right of the subjects of Great Britain and of the United 

 States to fish in the Behriug Sea; that under the terms of the Charter 

 of 1821, six days after the date of the Ukase, in the whole area, 

 embracing and including Behring Sea, there was an exclusion of all 

 foreign subjects and of all Eussian subjects; but, in the confirmatory 

 Charter of 1829, there is the omission of the exclusion, as far as the 

 Treaty affects the area, of foreign subjects altogether. 



Mr. Justice Harlan. — I think I ought to say that I have no desire 

 to lead Counsel to other subjects; my only wish was to follow out the 

 matter to which he referred, as I supx)osed. 



Lord Hannen. — And I am bound to say I have the same difficulty as 

 Mr. Justice Harlan. That is plainly confined to the exclusion of all 

 Eussian subjects in places allotted to Eussia. 



Sir Charles Eussell. — Clearly. 



The President. — The ten-year clause, I suppose. 



Sir Charles Eussell. — Yes. May I respectfully beg Mr. Justice 

 Harlan's pardon; I am sure I did not mean to convey that I did not 

 desire the question to be put. I thought 1 had made my meaning clear. 



So in the Confirmatory Charter of 1844, on page 28, dated the 10th 

 of October, 1844, Article II says. — 



The limits of the navigation and trade of the Company on the shore of the Conti- 

 nent and on the Islands of Northwestern America, 



