ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 179 



Second. That the body of water known as Behring Sea was not included in the 

 phrase " Pacific Ocean " as used in the Treaty of 1825. 



What does that mean? It means that there was nothing in those 

 Treaties which interfered with Eussia's assertion aud exercise of exclu- 

 sive rights in Behring Sea mentioned in i)aragraph one. 



TLiird. That after said Treaty of 1825, the Russian Government continued to exer- 

 cise exclusive jurisdiction over the whole of Behring Sea up to the time of the cession 

 of Alaska, in so far as was necessary to preserve to the Russian-American Company 

 the monopoly of the fur-seal iudustrj', and to prohibit the taking on the land or 



934 in the water by any other persons or companies the fur-seals resorting to the 

 Pribilof Islands. 



As I have pointed ont, there is not a trace of evidence which relates 

 to the question so far as fur-seals are concerned. 



But here again my li'arued friend Mr. Carter, as I respectfully think, 

 is confusing the motive of this attempted legislation by Eussia with 

 the effect. The motive may have been to protect this, that or the other; 

 but the fact was that it asserted territorial sovereignty. 



I will bring out my meaning, in concluding this brancli of the ques- 

 tion, by formulating precisely the answers which I submit the Tribunal 

 ought to give to these four questions. They are fornnilated with some 

 care and at length at page 26 of our printed Argument: 



The foregoing facts and arguments, it is submitted, conclusively establish that 

 the following answers should be given to the first four questions in article 6 of the 

 Treaty of ArViitration. 



To question one. That Russia exercised no exclusive jurisdiction in Behring Sea 

 prior to 1867; that in 1821 only, Russia asserted exclusive jurisdiction over a part of 

 Behring Sea along its coasts, but that she withdrew the assertion, and never after- 

 wards asserted or exercised such jurisdiction. 



Mr. Justice Harlan. — What do you mean by the phrase there, "over 

 a part of Behring Sea" ? 



Sir Charles Eussell. — That is the hundred miles which is men- 

 tioned in the Ukase. We might have treated M. Poletica's letter as an 

 assertion of authority over the whole of Behring Sea, and I think we 

 should have been well founded in doing so; but we preferred to take 

 the legislative act, which speaks of one hundred miles. 



Mr. Justice Harlan. — I do not understand that answer to include 

 the idea that Eussia asserted exclusive jurisdiction over the whole of 

 Behring Sea by the Ukase of 1821. 



Sir Charles Eussell. — I do not think it necessarily means that. 

 What the fraraers of these answers have done is this: They might 

 according to the statement of M. de Poletica, or according to the effect 

 of the Ukase, perhaps have been justified in adopting the claim of 

 dominion over the whole of Behring Sea; but what they have been con- 

 tent with doing was to rely upon the legislative act itself, the Ukase: 

 and as the Ukase made the limit of 100 miles, to state that in the terms 

 of the Ukase itself. I say therefore that this is literally the correct 

 answer to question one : 



That in 1821 only Russia asserted exclusive jurisdiction over a part of Behring 

 Sea along its coasts, but that she withdrew the assertion, and never afterwards 

 asserted or exercised such jurisdiction. 



That Russia exercised no exclusive rights in the seal fisheries in Bcliriug Sea prior 

 to 1867; that in 1821, only, Russia claimed exclusive rights, as included in her claim 

 of jurisdiction extending to 100 miles from the coast, but that she withdrew the 

 assertion and never afterwards asserted or exercised such rights. The only exclusive 

 right which Russia subsequentlj' exercised was the right incidental to her territorial 

 ownership. 



To qui stion two. That Great Britain neither recognized nor conceded any claims 

 by Russia of jurisdiction as to tlio seal fishcri.'s, i. c, either (a) of exclusive 



935 jurisdiction in lieliriug Sua, or {b) exclusive rights in the fisheries in Behring 

 Sea, save as already mentioned. 



