ORAL AUGtJMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 35 1 



I am able to give the Department some little information upon this subject, derived 

 nearly four years ago from Mr. Charles H. Smith, for many years a resident of Vladi- 

 vostok and at one time onr Consul or Vice-Consul at that port. 



A glance at the Map will show that the Kurile Islands are dotted across the entrance 

 to the sea of Okhotsk the entire distance from Japan on the south to the southern- 

 most cape of Kamtchatka on the north. 



In the time when Russia owned the whole of these islands her Representatives in 

 Siberia claimed that the Sea of Okhotsk was a viare clatiswm, for that Russian juris- 

 diction extended from island to island, and over 2 marine leagues of intermediate sea 

 from Japan to Kamschatka. 



But about five years ago Russia ceded the southern group of these islands to Japan 

 in return for the half of the Island of Saghalien, which lielonged to that power. 



As soon as this was done it became impossible for the Siberian authorities to main- 

 tain their claim. My informant was not aware that this claim had ever been seriously 

 made at St. Petersburgh. 



The best Avhaliug grounds are found in the bays and inlets of the Sea of Okhotsk. 

 Into these the Russian Government does not permit foreign whalers to enter, 

 1148 upon the ground that the entrance to them, from headland to headland, is less 

 than 2 marine leagues wide. But while they permit no foreign whalers to pen- 

 etrate into these bays, they avail themselves of their wealth very little. The whole 

 privilege of whaling in those waters is a monopoly owned by an imimportant Com- 

 pany, which employs two or three sailing schooners only, the trying and other 

 laborious work being done at their stations on shore. 



Then apparently lie inquires farther into the matter, and he says, in 

 a letter dated March 27th 1882, page 19. 



I have the honor to acknowledge the receipt of your No. 120, with its inclosures, 

 in reference to our Pacific Ocean fisheries. Your despatch reached me yesterday, and 

 to-day I have written to M. deGiers upon the subject, and I propose to call upon him 

 upon his first reception day. 



In the meantime, and until further information, I do not see tluit any new orders 

 necessarilj^ affecting our fishermen have been issueo by the Russian Government. 

 Messrs. Lynde and Hough have apparently given insufiicient attention to the words 

 " Russian'waters ". These waters are defined in the Notice published by the Imperial 

 vice-consulate at Yokohama, as follows: 



"Fishing etc., on the Russian coast or islands in the Okhotsk and Behring Seas, 

 or on the north-eastern coast of Asia, or within their sea-boundary line." 



If I recollect correctly the information given me by Mr. Smith upon this subject, 

 referred to in my No. 44 of June 1878, and in my number 207 of this month, the cod 

 banks lie in the open Sea of Okhotsk, many marine leagues oif the south-western 

 coast of Kamschatka. J observe that Messrs. Lynde and Hough state that their ves- 

 sels fish from 10 to 25 miles from the shore. At that distance in an open sea they 

 cannot be said " to fish upon the coast." 



I do not think thjit Russia claims that the sea of Okhotsk is a mare clausum, over 

 which she has exclusive jurisdiction. If she does her claim is not a tenable one since 

 the cession of part of the group of the Kurile Islands to Japan, if it ever were tenable 

 at any time. 



I may add that, according to the information given me four years ago, Russia 

 opposes no objection to foreign fishermen landing in desert places on the coast of 

 Kamchatka, far from the few villages which n\e found'on that coast, for the purposes 

 of catching bait and procuring fresh water; but she does object to all comnuinica- 

 tion between trading and fishing vessels and the inhabitants, alleging that these 

 vessels sell them whiskey upon which they get drunk, and neglect their fishing, their 

 only means of livelihood, and then, with their wives and children, die of starvation 

 the ensuing winter. 



Then there comes a further note from the same gentleman in tbese 

 terms. In the first paragraph he says : 



I have the honor to forward to you herewith a translation of a note recently received 

 from M. de Giersupon the subject of hunting, fishing, and trading in the Pacific waters. 



I do not see that there is anything in the Regulations referred to that afiects our 

 whalers, nor our cod fisheries either, except that when they go ashore to catch small 

 fish for bait in the streams, they expose themselves to interruptioVi from the Russian 

 authorities, who, finding them in territorial waters, may accuse them of having taken 

 their fish therein. 



Then M. de Giers' letter follows. It is in these words : 



Referring to the exchange of communications which has taken place between us 

 on the subject of a Notice published by our Consul at Yokohama relative to 



